Legal Question in Criminal Law in California

required to submit to polygraph

MY son was convicted in CA for posession of Child pornography, He has been on probation 2 of his 3 years. 2 months ago he was informed by his probation officer that he must attend counciling, even though it was not a probation term, She used the broad statement that he must participate in any program required by probation. Fine...He signed up as his lawyer suggested it may not be worth antagonizing his PO. However today he was informed that he would have to participate in a polygraph test every six months of face violating probation by not cooperating with the counsulor. Can they do this? remember this was NOT a term, it became an obscure ''directive'' after 2 years into probation.


Asked on 11/07/08, 8:29 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: required to submit to polygraph

I would certainly challenge the polygraph in a court hearing. Your son's lawyer should do it.

Best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 11/09/08, 4:13 pm
Daniel J. Mangan III JuryTrialJustice

Re: required to submit to polygraph

Comply w/probation directives...general rule is the PO is allowed to require anything that reasonably relates to rehabilitation and/or prevention of future criminality.....requirements need not be specifically spelled out in the T's and C's of probation...only option is Court appearances to have the directive negated by the Judge...good luck on that one.

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Answered on 11/08/08, 1:55 pm


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