Legal Question in Criminal Law in Virginia

discontinue investigation

I have really enjoyed your website. I do have a question that maybe you can answer or tell me who to contact to get the answer.

Below is a Virginia statue covering polygraph test.

19.2-9.1. Written notice required for complaining witness who is requested to take polygraph test.

If a complaining witness is requested to submit to a polygraph examination during the course of a criminal investigation, such witness shall be informed in writing prior to the examination that (i) the examination is voluntary, (ii) the results thereof are inadmissible as evidence and (iii) the agreement of the complaining witness to submit thereto shall not be the sole condition for initiating or continuing the criminal investigation.

My question is: Can the police discontinue the investigation of a complaint based solely on the complainants refusal to take a polygraph? Thank you for your time.


Asked on 2/17/06, 11:10 pm

3 Answers from Attorneys
Charles Homiller Jimison/Homiller, PLC

Re: discontinue investigation

I have never heard of this happening, but would imagine given the language of the statute that a refusal "should" not be the sole reason. However, this does not mean that they "couldn't" as there is no statutory requirement compelling them to keep open an investigation. The decision would ultimately come down to suficiency of evidence and credibility of witnesses.

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Answered on 2/17/06, 11:52 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: discontinue investigation

The answer of course is that the police can do what they want and bring any charge they like. They may have other evidence to go forward with if the witness refuses to be polygraphed. Then again they may take it as a sign of weakness in their case and refuse to proceed. Either way there are no rules or laws covering it. The discretion is all with the police.

Good luck.

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Answered on 2/18/06, 8:12 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: discontinue investigation

There is nothing in Va. Code Sec. 19.2-9.1 or any other applicable law of which I'm aware that would prevent law enforcement authorities from "discontinuing the investigation of a complaint based soley upon the complainants(sic)

refusal to take a polygraph."

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Answered on 2/18/06, 9:12 am


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