Legal Question in Criminal Law in New Jersey
Theft
My daughter was accused by a co-worker of stealing $500 from her purse - her employer checked her out at end of day and did not find the missing $500. Co-worker filed a complaint with police - police want my daughter to take poligraph. Is this legal - should she have counsel even though there is no proof that she took money?
2 Answers from Attorneys
Re: Theft
Before she does anything, I suggest she meet with an attorney ASAP. And I mean anything. It is legal for them to ask her to do anything. However, she has Miranda rights which I'm sure you've heard a 100 times on TV shows and movies. That includes a right to counsel and a right to remain silent. Thus, she does not have to take a polygraph test or say anything to them. Furthermore, a polygraph test is not admissible in court unless there is a stipulation.
While the amount of money may not seem like a big deal, she is still looking at a 4th degree offense, which would result in a felony criminal records if she is convicted.
My initial consultations are always free. Thus, call me at 732/247/3340 and we can discuss her case in more detail and I can give you her options. You can then decide from there how you would like to proceed.
Good luck!
Re: Theft
Polygraph tests are not admissible in Court unless both sides agree to same.
Secondly, some people are not fit subjects for a polygraph test; they react strongly to the questions despite their innocence.
She is not required to take a polygraph test, but perhaps the police should give such a test to the accuser because she may simply dislike your daughter.
Theft is a serious charge because no matter how small or large the theft is
most employers will not hire someone
convicted of theft. Secondly, if she is convicted of theft she will never be employed at a bank, insurance company or comuter company and she will not be able to be a lawyer or doctor.
You should hire an attorney for her and she should deal with the police directly. As for the employer I would tell them that she will take a polygraph test right after the accuser does, but still don't take the test.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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