Legal Question in Criminal Law in New Jersey
Lie detector test
my boyfriend has given both written and recorded statements that clear me and has already pleaded out. I have his charges of 1st degree armed robbery. something that i was not involved in nd no knowledge of. The prosecutor wants me to take a lie dector test to prove I'm not guilty. He said if I pass he'll grant me PTI. If I fail he'll grant me probation. Isn't this a violation of my rights? Should I take the test. I have an attorney and he says I should take the test. For some reason I don't feel like he's doing his job. Shouldn't he put in motion to supress or dimissal or something.
4 Answers from Attorneys
Re: Lie detector test
Before you let the prosecutor test you you must have a test done privately to see what the results would be.
You boyfriend's statements do not require an automatic dismissal because he may be lying. You should test privately immediately and, should you pass the private test, take the prosecutor's test.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Lie detector test
Listen to Mr. Moore. Have your attorney arrange a private polygraph, conducted confidentially and at your expense. If you have a public defender, they have staff polygraphers. If not, you will have to pay. I would estimate the expense to be around $1500.00, but that is a guess. It is a few years since I engaged a privatge polygrapher.
Naturally, your attorney must not indicate ahead of time you are taking such a test. If you pass the test, the state should be informed and give a copy of the chart. If you fail, your attorney must simply advise the state you don't believe in polygraphs. There is little risk to you in this event. It would be a serious error in judgment for your attorney to permit you to take the state's test.
In the event you can't take the state's test, there may be motions to dismiss which could be successful. If your boyfriend's exoneration occurred prior to the case being presented to the Grand Jury, and the Grand Juror's were not told of it, it could be cause for dismissal. Do you have a copy of the transcript of the Grand Jury presentation? If your attorney has not obtained the grand jury transcript, you must demand he do so.
I do not like to suggest that you seek a second opinion every time you have questions about something your attorney says to you, and I understand that you view this site much like a resource book. Reluctantly in this case, I suggest you seek a second opinion. You have been to court often enough to see attorneys in your county who can handle the prosecutors and judges. And be careful, you usually get what you pay for.
Re: Lie detector test
I SURE HOPE THAT YOU HAVE AN ATTORNEY. THIS IS VERY SERIOUS. I WOULD NOT AGREE TO A LIE DETECTOR TEST AFTER MANY STEPS WITH CLIENTS. PLEASE CALL MY OFFICE FOR A FREE CONSULT. 201/646/9600.
Re: Lie detector test
You've posted before. You are obviously not comfortable with your attorney and I suggest you jump ship since there is an obvious problem. I suggest you meet with some attorneys in person and tell them about the whole case to get a good idea as to what you should do.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.