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Loren, Attorney
Category: Legal
Satisfied Customers: 34431
Experience:  30 years experience representing clients.
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I live in Ohio, can I be made to take a polygraph test against

Resolved Question:

I live in Ohio, can I be made to take a polygraph test against my consent because of false accusations filed in a formal complaint to the sheriff?
Submitted: 7 years ago.
Category: Legal
Expert:  Loren replied 7 years ago.
You may not be compelled to take a polygraph exam against your will.
Customer: replied 7 years ago.
How do I refuse when requested by law enforcement to comply ? Can I supponeaed to take the polygraph if I am a "suspect" because of inaccurate beliefs by a third party?
Expert:  Loren replied 7 years ago.
You may not be forced to take a polygraph test. It is more of a practical matter because the tester needs your cooperation to administer the test. The accuracy of the test would be suspect if you were not cooperative. A polygraph must be voluntarily taken. You can not be subpoenaed for a forced polygraph.
Customer: replied 7 years ago.
My understanding from the sheriff deputy is that I will be required to take the polygraph if requested by the other sheriff. The interested parties are persueded by a predispotion. It is a matter of money that is missing that I knew nothing about. I am being accused by the persons family because I was one of several people in the home before the money was discovered missing. I just wanted to know my rights concerning the polygraph and what legal actions can be taken against me since there is no proof, only a doubt of my character because I made the family aware that I would no longer be visiting any more.
Expert:  Loren replied 7 years ago.
The police are trying to scare you. They absolutely can not require you to take a polygraph. They can arrest you, they can interrogate you but they can not force you to take a polygraph. You can decline. I suspect they do not have enough evidence to arrest you or they would not be trying to get you to take a polygraph. They are, I think, trying to scare you into a confession or otherwise giving up information.
Customer: replied 7 years ago.
My thoughts were the same, but I wanted to be sure. I don't the law, but I do know I have rights. I tried to explain to the sheriff deputy when I called to ask if I needed to come out to speak with them as they were taking the report at the residence, that the family is placing blame on me only because I was there and they want answers that I don't have. I didn't see the envelopes the money was in, nor did I have a reason to bother where they were. There were 2 people that did have to get their own envelopes, so they know what was there. I didn't have an envelope to get, so I have no idea. The only reason they are accusing me is because I could have had access to them, as could anyone who entered the home, and because I could, could being the key word, have been in the room where the money was when nobody else was in the room. There was only myself and the resident at the home, so I have no witnesses to prove I didn't bother it, as they have no proof that I did. Does that make sense?
Expert:  Loren replied 7 years ago.
You need to stop talking to the police. Do not call them. They are not shy. If they have something to ask you, they will contact you. If they have enough on you to arrest you, they will and nothing you tell them is going to stop it. If they don't then you don't want to be the one to give them the information they need. If they ask you to come in for a polygraph, tell them you refuse to take a polygraph and tell them nothing more.
Customer: replied 7 years ago.
Thank you so much for your advice! I felt inclined to help, but at the same time, it's not place, especially when this is being done to me. I am just afraid that by refusing the polygraph, I will appear guilty. People say if you have nothing to hide, it shouldn't be an issue, but I am afraid of a deceptive response just because I have a sweating problem and I have a horrible bladder and almost always have to pee. I have read that things such as those or having a cold can appear as deceptive and I don't want that. What do you think?
Expert:  Loren replied 7 years ago.
You are not going to take a polygraph test so do not worry about it. If they contact you just say no. You will not appear guilty. If they had enough evidence to arrest you, they would. They are just fishing now. Do not speak to them. It is your right and it can not be used against you in court. A polygraph is very invasive. That alone is reason enough to tell them no. But only if they ask. You are not to call them. Period.
Customer: replied 7 years ago.
Thank you, XXXXX XXXXX thank you! My husband was more concerned than I about appearing guilty by refusing it. These people were "family friends" so it's a very sensitive situation. Thank you, XXXXX XXXXX much! Such a relief!
Expert:  Loren replied 7 years ago.
You are very welcome. Good luck.
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