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Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Experienced Criminal Trial Attorney since 1998.
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MY brother is ending a 3 year parole and rehabilitation. Its

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MY brother is ending a 3 year parole and rehabilitation. Its his last month and he failed a small question on his last polygraph... they keep threatening him with prison.... he has not broken any laws since his conviction....he follows all the guidelines set forth by his therapist and parole officer or whatever they're called... they also keep telling him hes not going to be released with a "rehabilitated offender" status.... wanted to know if he has any rights or where i can find what the law is regarding this.... any info would be gratefully appreciated..
Jeremiah from Oregon
Welcome to JustAnswer. What was the polygraph question that he failed?
Customer: replied 4 years ago.

viewing pornography.......

What was his original crime?
Customer: replied 4 years ago.

dated an underage women.... became intimate..... no evidence was found against him all they had was a confession from him..... everything was in the third degree..... he served no prison time..... just one of those cases... he isnt considered a predator...... i'm just tired of him basically being bullied.... he just gets nervous with the polygraph and mis-remembers

I understand. I've seen many of those cases. I can give you two pieces of information.

(1) A polygraph measures for intentional deception. If you don't remember doing something and said you did not do it, your response will not indicate deceptive. Since his was a sex offense viewing pornography and then being untruthful about it is not a trivial matter, but it is unlikely to result in him being sent to prison. More than likely they are trying to scare him into not doing it again. Obviously, ideally he should not view pornography again while on probation/parole. If he does though, he would be better off to admit it. Lying about it is more concerning than doing it.

(2) Unfortunately, probationers/parolees have very few rights. You give up most of your constitutional rights when you plead guilty or are otherwise convicted. He does have a right to due process. Essentially, that means he has a right to a hearing before revocation of his probation/parole and a right to present his side of the story at that hearing. If he is on probation, that hearing would be before a judge. If he is on parole, then that hearing would be before the parole board.
Customer: replied 4 years ago.

sooo its definitely probation..... sorry for the confusion....


Actually whats going with the poly has nothing to do with deception!!



He doesn't remember that he has done something and then passes the poly! Then on his next poly he remembers it, knows he wont pass again and then tells the technician..... then gets in trouble.... this happened once before...... so only twice in three years has he failed before he even takes the poly....they have some really weird rules....

just seems like there should be something in place to prevent them from not giving him a clean bill after he has finished.... that's our main concern!!!

(1) Ok, I figured it was probably probation since you said he did not do any time.

(2) Ok, I understand the polygraph issue better now.

(3) I cannot find an Oregon statute that talks about "rehabilitated offender" status other than in the context of being able to petition the court to be removed from sex offender registration requirements and that determination is made by a judge not the probation officer. Is that what you are referring to or is it something else?
Customer: replied 4 years ago.

actually, that third one makes me feel a lot better, that's what i was looking for... his probation lady is hard to deal with.... even though I am sure the judge will take in to very close consideration the recommendation from his probation person.....

my brother has had a tough three years.... he couldn't find a job so he started his own business and is doing much better.... everything has been an up hill battle so why would his last month be any different...



You're very welcome. I wish your brother the best. Unfortunately, our judicial system oftentimes treats people who make stupid mistakes the same way it treats sexual predators. Sounds like he's on the right track to put his life back together though.

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