Q: Accused of inappropriate touching, police request polygraph, no charges.
I have been accused of inappropriate touching of a minor, and the police are asking me to take a polygraph test. There are no legal proceedings currently in progress, no attorney involved, no evidence, and no formal charges have been made against me. Should I agree to take the polygraph test?
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A:
You are never under any legal obligation to take a polygraph test in a criminal investigation, even if the police suggest it's mandatory or imply refusal indicates guilt. Criminaldefenselawyer In your situation involving allegations of inappropriate touching of a minor, agreeing to a polygraph without legal representation could significantly jeopardize your position, regardless of your innocence.
Most legal experts advise invoking your right to remain silent and refusing the polygraph test until you can consult with an attorney. When you "lawyer up," this instructs police and investigators to stop all communications with you regarding the investigation. Colorado-criminal-lawyer-online While polygraph results aren't admissible in Colorado courts, the polygraph operator can still be called as a witness and introduced as a "police investigator" who can testify about everything you said during the pre-test interview and post-test discussions. Clawsonattorney These statements could potentially harm your case even if the actual polygraph results can't be used against you.
Law enforcement often doesn't truly care about the polygraph results themselves—their goal is frequently to get you to "slip up" and say something incriminating that can strengthen their case. Colorado-criminal-lawyer-online The polygraph session typically includes extensive questioning before and after the actual test, creating multiple opportunities for statements that could be used against you. I recommend contacting a criminal defense attorney immediately who can evaluate the strength of the investigation against you and provide guidance on whether a polygraph might help or hurt your situation based on the specific circumstances of your case.
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