Legal Question in Criminal Law in Pennsylvania

Probation and Lie Detector Test

My nephew, at age 20, pled guilty to charges of illegal use of computer. Charges of possession of child pornography were then not prosecuted. He received 2 years probation beginning November 2006. It will be completed November 200 without any instances or problems. No megan's law registration was required. He has been attending group counseling with court appt. psychologist. His P/O says he has no problems at monthly checks. Psychologist now wants him to take lie detector test. She has advised it is scheduled for 6/24. Does he have to? Can he have lawyer present? Can she use this to revoke probation? Can she use it to have new charges brought? His probation requires he cooperate with the psychologist in counseling, but does it include this? Also when he is done probation can he bring any civil actions against the psychologist or file a complaint. She doesn't have a medical license? She has stated in the past she doesn't agree with the plea agreement and probation? She is on the Psychologist Alumni Board where he goes to college. She has access to his college records which is a 4.0 and scholarships.


Asked on 6/13/08, 5:15 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Probation and Lie Detector Test

I think his best recourse is to try to get his probation officer to intervene. It sounds to me like the Psychologist wants to re-try the case. If you want to spend the money, you may even want to take this back in front of the sentencing Judge to ask that the Psychologist be enjoined from compelling him to take such a test. The guilt or innocence stage is past and I don't think he should have to take a lie detector test.

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Answered on 6/13/08, 5:52 pm


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