Q: Can a failed polygraph be a violation of Probation?
I'm currently on Probation for the crime of open lewdness which is a misdemeanor of the third degree in PA. I'm supposed to get off Probation in July. Part of the plea deal that I accepted was to go to group therapy once a week and be subject to polygraph testing. I have a sexual history polygraph that is coming up soon. I plan to tell the truth but I'm still concerned about failing it. Hypothetically, if I were to fail it, could they use that as a violation of probation? Could they extend the duration of my probation or send me to jail?
A: Yes it can be a violation. It is certainly challengeable if that is the sole reason for your violation. Therapeutic polygraphs are still unreliable. If you have concerns consult with your attorney.
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