Legal Question in Criminal Law in Indiana

Re: Polygraph

While the facts given in relation to your question are a bit unclear, I will try to address what seemes to be your concerns as best as possible.

One must keep in mind is that when on probation, that invidual waives many of the rights he/she would have normally. That person is required to cooperate with probation and comply with the terms of the probation set or approved by the court. Failure to do so may result in a violation filed. If this has happened, the court will hold a hearing. It will be at this hearing that evidence will be presented by both sides for the court to make a determination. While a polygraph is not normally allowed in as evidence, it can be the parties have agreed to allow it in advance. If taken and results are not favorable, then the next issue might be if there was some problem in the way it was taken. If one thinks that there was, it may be necessary to obtain a polygraph expert to examin this and testify as to the findings.

Please keep in mind that if the issue is noncooperation by the probationer and this appears to be the case as viewed by the court, it might also be viewed as refusal to submit to or take the polygraph.

It seems clear that a complete review of this matter must be done before a clear approach can be determined by the defense.