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I was charged with Battery Simple (misdemeanor) and I was

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place in a sex offender...
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: 1 year ago.Category: Legal
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Answered in 4 minutes by:
9/29/2016
Lawyer: legalgems, Lawyer replied 1 year ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,525
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 1 year ago

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

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Customer reply replied 1 year ago
No just this program
Customer reply replied 1 year ago
No one has ever challenged this practice. And you have to pay for it.
Lawyer: legalgems, Lawyer replied 1 year 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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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care

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Customer reply replied 1 year ago
what should I do?
Lawyer: legalgems, Lawyer replied 1 year ago

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

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Lawyer: legalgems, Lawyer replied 1 year 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.

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legalgems
legalgems
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Category: Legal
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