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CA parole conditions state that I have to take a polygraph…

CA parole conditions state...

CA parole conditions state that I have to take a polygraph test every 6 months, IF I invoke the 5th amendment it would lead to revocation. Do I have to answer any of their questions?

Lawyer's Assistant: Since parole regulations vary, can you tell me what state this is in?

CA

Lawyer's Assistant: Have you talked to a lawyer yet?

No. IF I do, then I would like to know what paperwork is needed to proceed if I fail the polygraph?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. What is considered porn as I know they will ask me this? I.E - is watching regular TV with an actress who happened to flash her breasts considered a violation?

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Answered in 6 minutes by:
11/22/2017
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,479
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 6 months ago
Okay
Customer reply replied 6 months ago
I don't want to switch to a live phone call. I will wait on chat session. Thank you.

You are at liberty because you have agreed to comply with Parole's regulations, which includes being monitored by the Department of Parole. One standard monitoring tool Parole uses with sex offenders are polygraph tests. If you do not answer the questions you will be violated and put back into prison to finish your sentence. As a convicted felon, you are largely without civil rights. You will have to answer their questions.

Pornography is explicit sex which is solely for the purposes of erotic stimulation and without an artistic, intellectual or emotional purpose. Some evening television shows can get pretty racy, but a standard TV program in which an actress quickly flashes her breasts would not generally be considered pornography.

I'm not sure what you mean about paperwork if you fail the polygraph. You'd be entitled to a hearing on any violation if the polygraph failure led to a violation.

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Customer reply replied 6 months ago
I have read your response and would like to ask: 1) Polygraphs are inadmissible in court, therefore, I feel that I am being incriminated with their questions. I want to know that I still have that legal right to plea the 5th to questions I feel would incriminate me. 2) if I fail the polygraph, then you are saying I would tell them that I will need to hire a Lawyer?

1) Polygraphs are inadmissible in court, therefore, I feel that I am being incriminated with their questions. I want to know that I still have that legal right to plea the 5th to questions I feel would incriminate me.

The use of polygraph tests for monitoring purposes by Parole and Probation has been challenged on Constutional grounds and been upheld. Take the Fifth and you can be revoked for failure to comply with the regulations of your Parole.

2) if I fail the polygraph, then you are saying I would tell them that I will need to hire a Lawyer?

Not exactly. I only told you that if violated you would afforded the opportunity for a hearing on the matter. You would have the right to have an attorney represent you at the hearing. Or you could proceed without one, at your discretion.

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Customer reply replied 6 months ago
2 more questions and I will end my session. 1) If I plea the 5th Amendment, I read that it would lead to revocation. What is revocation? 2) They like to dictate their questions, and they listen. So, I can't invoke my 5th amendment at all?

Sorry for the delay. I had to take other follow-ups.

1) If I plea the 5th Amendment, I read that it would lead to revocation. What is revocation?

Revocation is the termination of your parole and your being placed back in prison to finish your sentence. That can't happen without due process, which is why if you are violated you'd get a hearing on the issue.

2) They like to dictate their questions, and they listen. So, I can't invoke my 5th amendment at all?

You can be violated and that can lead to revocation. So you can invoke your Fifth Amendment rights, but you do so at your peril.

In my experience, your failure to comply with Parole's monitoring procedures would be more likely to result in a violation than a failed question on your polygraph test, provided you are not actively and deliberately watching porn. Parole knows just like everyone else that polygraph results are imperfect.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,479
Experience: Active member of the NYS bar since 1989
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Customer reply replied 6 months ago
Okay. Thank you for all your help. I will now end this session & rate you 5 Stars.

For what it's worth, I have had customers on California who were never able to pass a polygraph but who were never violated. A failure typically would open a dialogue. "Yeah. I watched a TV series where an actress unexpectedly flashed a breast. But I wasn't watching porn."

Good luck.

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