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Criminal charges for not submitting to polygraph?
Anonymous5 views5 answers
Occupation is part time in home care giver. A patient Ive been taking care of for over 6 years accused me of assault and battery. Left the patient's home at 3pm and police showed up my house at 3am asking about when I left her home and if anything unusual happened and to recount basic events during visit with patient but gave no information for the questioning. Two days later was called to police station and questioned against the first statement, and no discrepancies were found.
The patient has a documented history of making false statements towards caregivers.
However, the detective asked me to take a polygraph and I refused. She stated the refusal to take the test gives the police enough evidence to file charges for assault and battery on a person over 60.
Thank you.
Probably untrue, but would depend on what other evidence the police have. Simply refusing to take a polygraph test would not account to probable cause to charge you with a crime. The results of a polygraph test are inadmissible in court anyway. My guess is the police officer was lying to you to see what reaction he/she got out of you or to see if you would make any further statements about the alleged incident. Do not speak to the police without a lawyer present. If you still think the police are investigating you, you should hire a criminal defense lawyer to represent your interests.
You cannot be charged with a crime solely for refusing a polygraph. In fact, you don't have to make any statements to the police at all, especially when they are investigating you for a crime.
It sounds like the police may have other evidence and are looking to charge you anyway. In that case, you would be wise to retain a criminal defense attorney as soon as possible.
You have the absolute right to refuse a polygraph test, because you have the absolute right to remain silent, and a polygraph test requires you to speak.
Get a criminal defense attorney right away and explain to them what is going on; use this very website to find one.
Do not talk to the police again about this until you get an criminal defense attorney and he is there with you. If the police contact you again tell them nicely that you are getting an attorney and will not speak to them without one. Do not answer any more of their questions without an attorney.
