ShouldI speak to an officer and take a polygraph test without representation?

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ShouldI speak to an officer and take a polygraph test without representation?

I just received a call from an officer who wants me to come in and take a polygraph test and answer a few questions. It has something to do with an account with a bank that I had. The bank itself wants me to send an affidavit stating that I didn’t do some type of false claim in which a money order was purchased and I supposedly said that I didn’t do it but received a refund for.

Asked on November 16, 2011 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all, you do not have to appear at the police station if you choose not to. Whatever you do, under no circumstances should you go to speak with the police without having a criminal defense lawyer with you. This is true no matter how innocent you may or may not be. You could unintentionally say something incriminating. The fact is that you are under no obligation to speak with the police, even if they come to your home or your place of work. 

If you speak to them without having a lawyer present watch out for your legal rights, it is to their benefit. They can and will try to get you to implicate yourself in the alleged crime. So no matter how friendly they may appear, or no matter how intimidating and threatening they are, do not speak to them alone. An experienced criminal law attorney will be your best protection.  


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