denying a polograph 7 Answers as of February 13, 2012

Counterfeit money was found in my car, I wasn't in the car or driving the car but none the less I guess it was there. A Secret Service agent called and asked me if I wanted to take a polygraph test I politely declined. Can i be charged with anything for denying the test?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
No there is no penalty for declining a polygraph. They should be taken only at the advice of a lawyer. They are often used in the hope that the person will make an incriminating statement.
Answer Applies to: Michigan
Replied: 2/13/2012
Law Offices of Shaun R. Marks, P.C.
Law Offices of Shaun R. Marks, P.C. | Shaun Marks
You won't be charged with anything just for denying the test. However, ANY time federal government agents are talking to you is a very serious matter and you should not even be discussing ANYTHING without any attorney. Counterfeiting is an extremely serious federal offense and you should retain counsel immediately, even if you think you did nothing wrong.
Answer Applies to: Michigan
Replied: 2/8/2012
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
No, there is no offense of not taking a polygraph. It is discretionary. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 2/8/2012
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
Not at all. Polygraph tests are not admissible in court and you are under no duty to take one. Of course, you may be charged with the crime anyway. Officers sometimes use a passed test to not bring charges. Very tricky area which you should have an attorney on board.
Answer Applies to: Michigan
Replied: 2/8/2012
The DeRose Lawfirm | Peter J. DeRose
NO, NO and NO! Each U.S. citizen has a fifth amendment constitutional right against self incrimination. In declining the polygraph you are asserting your fifth amendment right. This does not mean that you will not be arrested for the counterfeit money. It does mean that you cannot be subject to criminal arrest for failure to take the polygraph. In fact, the polygraph is not admissible as evidence in Michigan because it fails to be deemed "scientifically accurate." The fifth amendment rights survive arrest and that is why you are read your Miranda rights after an arrest but before interrogation.
Answer Applies to: Michigan
Replied: 2/8/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    It is your right to deny taking the polygraph and that alone will not result in criminal charges. Whether you will be otherwise charged will be determined by the facts they have. You should consult with an attorney immediately even though you have not yet been charged.
    Answer Applies to: Michigan
    Replied: 2/8/2012
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