Legal Question in Criminal Law in New York

Re: taking a lie detector test

There is potential for criminal charges and prosecution regarding this set of facts .That being said ,it is necessary that before you consent to any interaction with the police that you retain a competent criminal defense attorney.You may call my office for further advise and perhaps representation @718-834-0087.

Re: taking a lie detector test

You are not required to take those tests, unless you voluntarily agree, or are ordered to by a judge. You should not be making these types of decisions on your own.

Re: taking a lie detector test

If the police have already done a dna test, they may have found the band-aid was yours. And allocating this much of thier resources to this case means they want to charge you with a crime. The crime may be 'reckless intent to do serious bodily harm' and that is a felony.

The general rule is to consult an attorney on any misdemeanor but hire one immediately on any felony. Follow this rule - a felony will have a huge impact on your future, everything from college to the military to getting a job with someone besides McDonalds.

Re: taking a lie detector test

The main reason the police would like to have you take a lie detector test is to help them determine whether or not it is prudent to investigate this case any further. As to the DNA test, generally the police must have a warrant to obtain such evidence, since you did this voluntarily I assume, then they already know that you were the one that in fact was wearing the band-aid. Their issue with you is whether or not you did this intentionally and that how the lie detector test would help them. As to whether or not it is helpful, on the one hand if you don't cooperate then you will be suspect, if you have are telling the truth then I would suggest to cooperate.

Should you like to discuss this or any other legal matter further, you can call my office to schedule an appointment for a FREE consultation at (718) 651-5283.

Re: taking a lie detector test

You do not have to take a lie detector and I always recommend to my clients never to take one unless counsel is present and even then only with the assurances that if they pass, charges will not be brought. Lie detectors, or more specifically "the science of polygraphy" is not admissible in court per Supreme Court ruling and therefore is really only used as a police tactic to garner confessions.

While results of polygraph are not admissible in court, statements made during the polygraph interviews are.

Feel free to call me at 646-209-8213. I would want to talk to you and your parent. We would also discuss Youthful Offender status in New York State.

Sincerely Yours,

Steven Brand, Esq.