Legal Question in Criminal Law in Texas
Police request for polygraph testing when innocent.
My question is should a person agree to a lie detector test if in fact this person is innocent? My daughter was working at a retail outlet on the day an internal theft occured and no one has been identified yet. She has since left the job because of the atmos- phere there in the fact that it seems that no one is trusted anymore, and she refuses to work under these conditions and I don't blame her. The police are making the request.
2 Answers from Attorneys
Polygraph test question
In a word, NO!!!!!!!!!!!!!!!!!!!!!!!!
Polygraph results are inadmissible in court, but the responses to the questions, if written fown by the examiner might be admissible as "admissions against interest"
Since there is a presumption of innocence in all cases, and your daughter is, in fact. innocent, there is no reason to give the police the use of this tool.
Recommendation would be different if it were the employer requiring the Polygraph in a post-employment situation.
NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY THIS CORRESPONDENCE.
ALL COMMENTS ARE BASED ON THE FACTS GIVEN AND ON GENERALLY APPLICABLE PRINCIPLESOF LAW ONLY..
Not without a lawyer
Your relationshiop with your daughter must be close, but it may be difficult for you to gain perspective for this reason. It may, and in my experience often does, create some problems for communication because of all the side issues between parents and children. She needs a lawyer and she needs one right now. A lawyer can have a private polygraph done without any notice or knowledge by the police, and a lawyer who practices in the area probably already knows who to use. If the results of the polygraph are good, they can be turned over to the police, and if they are bad, the police need never know that she took a polygraph.
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