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legalgems, Lawyer
Category: Legal
Satisfied Customers: 9905
Experience:  Just Answer consultant at Self employed
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I was charged with Battery Simple (misdemeanor) and I was

Customer Question

I was charged with Battery Simple (misdemeanor) and I was place in a sex offender class. I was given 50 days in Cook County Jail and two years probation. They make you pay for a polygraph test which is not admissible in court. The name of the agency is called Emages in Chicago. Is this legal?
Submitted: 9 months ago.
Category: Legal
Expert:  legalgems replied 9 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 9 months ago.

The court, or the class, is requiring the test?

Customer: replied 9 months ago.
No just this program
Customer: replied 9 months ago.
No one has ever challenged this practice. And you have to pay for it.
Expert:  legalgems replied 9 months ago.

Thank you for your patience; I have reviewed the penal code and could not find any authority for a court official or police officer to require a polygraph test. A third party agency cannot force a person to do so either. A person can voluntarily consent, but I could find no authority for a third party to force one on an individual.

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Customer: replied 9 months ago.
what should I do?
Expert:  legalgems replied 9 months ago.

You state they require it; they require it in order to issue a certificate of completion?

Customer: replied 9 months ago.
Expert:  legalgems replied 9 months ago.

Since that's not a condition of parole, you can request a certificate, or a letter stating the course was completed but the test was not; if they refuse, the next step would be to have the probation officer contact them to confirm satisfaction of the course requirement. If the probation officer needs written proof and they still refuse, one would need to get a court order - injunction-ordering them to issue a certificate as to hours completed. One can request attorney fees and court costs and the court will award it if they find the company acted unreasonably in failing to provide the certificate.