Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I am being told that if I dont go and take a Polygraph Test

Customer Question
I am being told that...
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: 9 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 hour by:
10/1/2008
Lawyer: P. Simmons, Attorney replied 9 years ago
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,655
Experience: 16 yrs. of trial experience
Verified
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.



Ask Your Own Legal Question
Customer reply replied 9 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?
Lawyer: P. Simmons, Attorney replied 9 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
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,655
Experience: 16 yrs. of trial experience
Verified
P. Simmons and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 9 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?
Lawyer: P. Simmons, Attorney replied 9 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


Ask Your Own Legal Question
Customer reply replied 9 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?

Lawyer: P. Simmons, Attorney replied 9 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

Ask Your Own Legal Question
Customer reply replied 9 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?

Lawyer: P. Simmons, Attorney replied 9 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



Ask Your Own Legal Question
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,655
35,655 Satisfied Customers
Experience: 16 yrs. of trial experience

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
In the state of PA, what constitutes felony 3 criminal
Hello. In the state of PA, what constitutes felony 3 criminal tresspassing? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,285 satisfied customers
My daughter just fired her public defender now what happens?
my daughter just fired her public defender now what happens? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,285 satisfied customers
Before requesting public defender i was told there were 12
before requesting public defender i was told there were 12 video items of evidence, and would cost me $120 to get copies for my defense, they said theryd be free if i got an attorney. public defender … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
Was subpoenaed to testify in Grand Jury case, government.
Was subpoenaed to testify in Grand Jury case, government. Defendent pleaded guilty on Monday. Should I have had to testify on Tuesday? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
I have received a summons for grand jury duty. The service
I have received a summons for grand jury duty. The service begins for a specific day in Jan 2018. The term for grand jury duty in my county is 4 months--jurors usually serve 2 days a month at least ac… read more
LegalGems
LegalGems
Juris Doctorate
10,632 satisfied customers
I was subpoena to appear before the grand jury. I submitted
Hello, I was subpoena to appear before the grand jury. I submitted a copy of the subpoena to my employer who in turn investigated that the case on line and mentioned the entire case of my sister being… read more
Ray
Ray
Lawyer
Doctoral Degree
30,821 satisfied customers
How do you get selected for a grand jury in PA? nope, just
how do you get selected for a grand jury in PA? JA: Has anything been filed or reported? Customer: nope, just interested in serving on one JA: Anything else you want the lawyer to know before I connec… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,691 satisfied customers
On questions for Grand Jury selection is a settled complaint
On questions for Grand Jury selection is a settled complaint for dept settlement mean I have been a party in a lawsuit? Thanks.… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
227 satisfied customers
I was granted a public defender and I was supposed to call
Hi I was granted a public defender and I was supposed to call after 1pm today to get in contact with who my attorney would be for my hearing tomorrow. I had called too late and they're closed now. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,285 satisfied customers
More of a general law question. OH. Public Defender. It's
more of a general law question JA: In what state did this occur? Customer: OH JA: Have you talked to a lawyer yet? Customer: Public Defender JA: Anything else you want the lawyer to know before I conn… read more
Bill Attorney
Bill Attorney
law
1,580 satisfied customers
My son is in post conction with a public defender and wants
my son is in post conction with a public defender and wants to know if there would be any lawyers out there that would take his place probono as his faith with the lasted one really didnt seem to want… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I'm concerned that my public defender hasn't requested
I'm concerned that my public defender hasn't requested exculpatory evidence properly … read more
Michael Bradley
Michael Bradley
JD
1,190 satisfied customers
I need to know if a grand jury dismissal without prejudice
I need to know if a grand jury dismissal without prejudice in the state of Kentucky can be expunged. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have been summoned to a grand jury duty. My English is not
I have been summoned to a grand jury duty. My English is not very good, can I be excused. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I am summoned to Grand Jury duty and need to find a way to
I am summoned to Grand Jury duty and need to find a way to get excused … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can a State Special Grand Jury Subpoena medical records
Can a State Special Grand Jury Subpoena medical records beyond the state's medical retention requirement? For example, Ohio requires medical records be retained for a period of seven years. Can the AG… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Can i get a public defender for public defender in a
can i get a public defender for public defender in a dissolution case if you are the respondent… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Does a grand jury in the state of Georgia have standing to
Does a grand jury in the state of Georgia have standing to compel a corporation in Nevada to present itself toGeorgia … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x