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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 27463
Experience:  18 years of litigation experience.
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I was recently wrongfully accused by my daughters mother of

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I was recently wrongfully accused by my daughter's mother of "touching" my daughter inappropriately.I believe to get me out of you life. I was interviewed by the DA's investigator, yet there has been no physical or verbal inspection of my 3 yr old daughter to say there is evidence that anything happened. The investigator is now asking that I take a polygraph test. Should do not have enough money for a paid attorney as all attorneys I have spoken too are asking for $15-25K and I only make $10. an hour. Should I take the test without them even having evidence that something has happened or can I should I tell them when interviews and physical evidence shows something has happened to her that I will take it as if anything HAS happened to her, it was while she was with her mother, however at this point, I believe it was a false police report. Please advise.

My name is XXXXX XXXXX I am a criminal lawyer.

Is this the DA's office that is looking to test you for purposes of a possible prosecution?

When you are the suspect of a crime, you have a Constitutional right protecting you from self-incrimination and you can refuse to be polygraphed. That refusal can't ever be used against you. But if you take the polygraph and it comes out that you've lied or its inconclusive, you will be charged with a sex offense.

Polygraphs are not considered as reliable as other types of forensic evidence. So this is nothing you want to risk if you don't have to.

If the authorities are asking for the polygraph, then it's very possible that they don't have enough evidence right now to arrest you without it. The last thing you want to do, therefore, is to hand them evidence on a platter which can be used against you.

If the state does arrest you on this, then if you could not afford an attorney you would be given a public defender. If you want to take a polygraph, your lawyer can quietly arrange it for you. If the results support your innocence, he can convey that to the DA. If the results do not support you, he is professionally obligated to keep your confidence and he would not disclose the fact that you either took or failed a polygraph.

You need to stop talking to the DA's investigators. They are not talking to you to help you. They are lookiing for evidence to arrest you.

You should not test, and you should not have any further discussion about this matter except with the person who becomes your criminal lawyer.

It may sound strange to you to refuse the police anything, but to talk to them is to risk one of your most important fundamental rights and to potentially get yourself arrested and author your own conviction into the bargain. Every experienced criminal attorney worth his law license will tell you the same thing.

Do not take the test.
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