What to do if I clean houses where jewerly came up missing and the police want me to take a lie detector test tommorrow?

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What to do if I clean houses where jewerly came up missing and the police want me to take a lie detector test tommorrow?

I am not sure if I should do that since I haven’t been charged with a crime yet.

Asked on December 12, 2012 under Criminal Law, Oklahoma

Answers:

David West / West & Corvelli

Answered 8 years ago | Contributor

This is a VERY dangerous situation for you as the police will certainly view you with great suspicion in this case.  You had the opportunity and if they can find out you have financial hardship they can also show you had the motive to commit the crime. The lie detector test is probably a bad idea for you.  First, lie detector tests are not admissible in court so even if you were to pass it, that does not guarantee you that you would not be prosecuted.  Second, if you fail it and you have signed a paper allowing for the results of the tests to be used in court then you have really set yourself up for arrest and conviction.  If you take it, they may also not show you the results, tell you you failed and try to get you to confess to the crime.  This is an often used police strategy to get an admission where they don't have enough evidence to arrest you otherwise.

You should be represented by an experienced criminal defense lawyer such as ouselves and you should not agree to take a polygraph without first having retained a lawyer and had that lawyer determine how that test would be conducted and used (and whether you think you would pass it).  To "go it alone" here is a very bad idea and is more likely to help police solve this caes by pointing the finger at you than it is to exonerate you of wrongdoing.

Best Regards,

David S. West

Attorney at Law

David West / David West & Associates

Answered 8 years ago | Contributor

This is a VERY dangerous situation for you as the police will certainly view you with great suspicion in this case.  You had the opportunity and if they can find out you have financial hardship they can also show you had the motive to commit the crime. The lie detector test is probably a bad idea for you.  First, lie detector tests are not admissible in court so even if you were to pass it, that does not guarantee you that you would not be prosecuted.  Second, if you fail it and you have signed a paper allowing for the results of the tests to be used in court then you have really set yourself up for arrest and conviction.  If you take it, they may also not show you the results, tell you you failed and try to get you to confess to the crime.  This is an often used police strategy to get an admission where they don't have enough evidence to arrest you otherwise.

You should be represented by an experienced criminal defense lawyer such as ouselves and you should not agree to take a polygraph without first having retained a lawyer and had that lawyer determine how that test would be conducted and used (and whether you think you would pass it).  To "go it alone" here is a very bad idea and is more likely to help police solve this caes by pointing the finger at you than it is to exonerate you of wrongdoing.

Best Regards,

David S. West

Attorney at Law


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