Legal Question in Criminal Law in California
Must I answered a polygraph test in regards to an alleged crime, in order to get
In 1999 my exgirlfriend filed a complaint against me; because it was a false arrest report, the police department released me and said that I would receive a court notice that would clear me from criminal charges. I have never received any notice from the criminal court. Furthermore, after I was released I was ordered to appear in civil court in regards to a restraining order filed against me by my exgirlfriend. The Judge in the civil court would not allow me to defend myself because of the pending criminal charges, as a result the restraining order has been in effect since August 1999. My situation now is the following: I am in the process of being hired by a police department; in addition to passing several tests, I must take a polygraph test. My background investigator said that I will be asked in regards to the criminal charges filed by my exgirlfriend. This goes against the Judge's advice. Can I be forced to answered questions that are not standard in the hiring process? Can my answers be submitted and used against me in a civil or criminal court? Can I refuse to answer incriminating questions?...without jeopardizing my top position in the eligibility list?
2 Answers from Attorneys
Re: Must I answered a polygraph test in regards to an alleged crime, in order to
The polygraph test is not made up of open questions. They ask you ten questions that require you to answer 'yes or no' answers only.
They probably have sets of questions and rotate them for each new candidate that is being tested.
At the start of the session you'll be told the questions and then they hook you up. They ask you the questions in the order that they asked them the first time to get a baseline. Then they'll shuffle the questions (change the sequence) and ask them again. Then another shuffle and ask them again, and maybe another shuffle and ask them again one last time.
You can find a book on the test in your library, and read about them. They already know about the conviction, or it is the worst police force in the U. S. So they probably also know about the 'restraining order' since they are normally filed with the police in which the ex-girl friend lived.
So my advice is not to lie. Absolutely don't lie. Remember that ultimately a lie is an act of a coward. And the fact that you would lie about a question or incident that is personally embarrassing to you is far more important than the fact that the incident occurred. There is normally some attorney that represents police in hearings around. Who is usually a former cop. You might want to buy some of his/her time ask them what they think.
Don't under any circumstance lie. The machine is measuring three or four involuntary, bodily functions. I can tell you from experience that if you tell a lie and you're not totally psychopathic you'll show up on the machine because of your involuntary reactions.
There'll be questions like "your mother's name is such and such," and you'll answer yes or no to establish a base line. So the questions may contain one or possible two that refer to this incident that'll require you to answer with a yes or no answer. And don't lie about it. We the citizens need good cops. And good cops, like good citizens, have all made some mistakes.
Don't be afraid to tell the truth and let the chip's fall where they may. You'll be required to do that every day on the job. And the job starts with the polygraph test.
My father was raised in an orphanage, and he told me always to do one thing. "Whenever you're challenged always bet on yourself." It's worked for me for the last forty years of my life during combat and peace time. It'll work for you.
I'm not a police officer nor former police officer. I'm a retired Naval Aviator and Marine Officer with twenty two years service in the Corps, and twenty plus years practicing law. And what I've set forth above is what my Father, practicing law, and the Corps taught me. Semper Fi.
Lots of luck - Vic
Re: Must I answered a polygraph test in regards to an alleged crime, in order to
Mr. Hobbs advise is patent with respect to the polygraph test. At this point I think it is time for you to consider filing a tort suit against your exgirlfriend for malicious prosecution. Filing meritless lawsuits creates damages and it appears that you have some. Seek a tort attorney. He or she might be able to solve most of your problems.
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