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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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I told the two investigating officers that I would take a polygraph

Customer Question

I told the two investigating officers that I would take a polygraph to show that I did not take money from my roommate. I am a basket case waiting for the test -- I take medication for depression and panic attacks.

Depending on the results of the polygraph, could my roommate use them and have me arrested? By the way, the $2000+ was hidden in a box in his bedroom closet and no one ever saw the box except him. Up until this week, he had accused 3 other people and had originally said there was $2000 and now he's pretty sure there was $2600.   Also, this is the third time this year that he has had money stolen. I've known him since March 2007 and he has never locked his doors or deposited his money in his bank.

Thank you for your time.
Brenda
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 5 years ago.
HelloCustomerand welcome to JustAnswer.

To be certain about the admissibility in court of any polygraph test result, I would have to know where you are located.

Generally speaking, however, such tests are useable only as an investigative tool and are not admissible in court. Whether or not police officers would rely on the failure to pass a polygraph to make an arrest would also depend on other facts (such as the believability of your roommate's statements that you took the money, any other incriminating statements made by you and any other evidence they may have).

The fact that your roommate has accused others of taking his money and the discrepancies in his claims about how much is missing will diminish his credibility, so even if you do not pass the polygraph, either the investigators or the prosecutor may decide that the evidence is not strong enough to warrant prosecution.

Make sure the polygraph examiner knows that you are taking medication, as that may effect the validity of the test results.

Thanks for asking your question here on JustAnswer and good luck with this situation. If you have any other questions, please let me know.

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