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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26333
Experience:  16 yrs. of trial experience
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I am being told that if I dont go and take a Polygraph Test

Customer Question

I am being told that if I don't go and take a Polygraph Test regarding a theft from a previous employer, (its been 5 months since the theft), that a warrant will be issued for my arrest on felony theft charges, the officer won't tell me on what grounds he will issue the warrant. He also states that if I come take the Polygraph test, that will clear my name if it comes back normal.    I feel like I don't have to take the test to clear my name, when I say that I am not taking it, then I am guilty because I don't want to take it.   He advised me to get an attorney for the felony theft charge. He has no evidence that I took this money, which I did not. Do you think he is just trying to scare me and that he is grasping for straws since he has no factual proof? And what about his conduct, he is giving me altimatoms.    At first he told me that he was going to issue the warrant ASAP, then he said that he would wait to see if I come take the test. What shoud I do? I DO NOT WANT to test
Submitted: 5 years ago.
Category: Legal
Expert:  P. Simmons replied 5 years ago.
I would NOT take a polygraph test.

In my experience, they are typically used by police to attempt to gain a confession.

If there is evidence to charge you, they will charge you regardless of the poly...sine a polygraph is not admissible in court in the US. Further, they are not fully reliable and subject to interpretation errors....which is why they are often used to try and force confessions

I would not agree to a poly and if they charge you I would retain a good lawyer



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get paid.



Customer: replied 5 years ago.
Ok, first off, how in the world can they arrest me when in fact I had nothing to do with the theft, first of all they could not prove that I stole anything nor do they have any witnesses to a crime that I did not commit. The officer stated to me this: He is issuing a warrant for felony theft regardless if I take the poly or not. Then in a whole other sentence, he stated to me that he would wait and see if I show up for the poly, if I don't he is going to issue the warrant. Please tell me, how do you get a warrant issued with no actual or factual proof that I committed the crime? Truthfully, I am scared here, I did not do anything wrong, and yet he is pursuing me. He only threatend me with the warrant after I refused to take it. He has contacted me twice within the past week to remind me of this test. That to me is harrassment, especially knowing that I am not obligated to take it. He made a reXXXXX XXXXXke this, "come up and clear your name, once you do you are fine", I asked him what is he going to do if I clear my name, he said start from square one again. In my opinion, that leads me to believe that he is just trying to intimidate and scare me, he even advised me to get an attorney or a public defender. If you where me, would you be worried?
Expert:  P. Simmons replied 5 years ago.
Sure

In the United States, an arrest warrant must be supported by a signed and sworn affidavit showing probable cause that:

a specific crime has been committed, and

the person(s) named in the warrant committed said crime.


However, as long as police have the necessary probable cause, a warrant is usually not needed to arrest someone suspected of a felony.


It is important to understand that the police do NOT prosecute...they investigate and provide the results to the prosecutor.

I would not engage further with this person. I would start talking to good local attorneys that can assist you if there is an arrest.

I would be worried, but I am cautious by nature. I would find a good attorney and prepare to defend against the worst...that way if there is not an arrest I am pleasantly surprised



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get paid.









P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26333
Experience: 16 yrs. of trial experience
P. Simmons and 5 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Ok, I am worried, however, when you know you did not do something, then why worry? And can you tell me just what is probable cause?
Expert:  P. Simmons replied 5 years ago.
Sure

Probable cause is an evidence standard

refers to the standard by which a police officer has the right to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. It is also used to refer to the standard to which a grand jury believes that a crime has been committed.

This term comes from the Fourth Amendment of the United States Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The most widely held, common definition is "a reasonable belief that a person has committed a crime."


Another definition is that is "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true."



Thank you for the accept and I wish you the best of luck...I think you are going to be fine in the end


Customer: replied 5 years ago.

Ok, thanks so much, I am going to see an attorney tomorrow morning about this, do the police usually harrass you and in a sense threatin you to get what they want? He is really pointing the finger my way since I have refused to take the polygraph test. I don't think he has anywhere else to turn to close this case. And another thing, it has taken him 5 months to call me in and take a polygraph, so that leads me to believe that this case has not been a high priority for him.

 

A reasonable belief that one committed the crime, well, are you saying there has to be no factual proof that one committed the crime? How does a judge sign a warrant without having true facts?

Expert:  P. Simmons replied 5 years ago.
Reasonable belief can be suspicion...but if there is no proof, there will never be a case...the prosecutor will not file a case with no proof.


Police use a variety of tactics to try and solve a case...I suspect this may be a tactic to try and get you to confess

Customer: replied 5 years ago.

Thanks, XXXXX XXXXX said what I have been wanting to hear. I know that I did not take this money from the safe, and that there is no actual factual proof that I did. The officer can't prove I did anything, he just knows that I had access to the safe and that I put the money in there with a witness watching me.

 

Are the police aloud to, in a sense lets say intimidate and threatin you? Do you think at this point if he had solid evidence against me, especially on a felony theft charge, that he would have arrested me by now? Trust me when I tell you, I am not confessing to anything, I am going to fight this all the way....

 

You have been such a great help, I appreciate all you have been able to tell me... If you where in my shoes, what would you do and how would you approach this?

Expert:  P. Simmons replied 5 years ago.
THe police can lie and intimidate as they try and catch criminals. That is not illegal.

I would not talk to the police any longer. If they have a case, the prosecutor can charge it. If not, you will not hear from them again



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