CSC polygraph in MI advice

This is a discussion on CSC polygraph in MI advice within the Other Criminal Law Matters forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; I will try to condense this as much as possible. Someone I know is a recent parolee from prison. He ...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Feb 18th, 2008, 11:27 AM   #1
Junior Member
 

helplessinMI's Avatar
 
Join Date: Feb 2008
Posts: 1

Default CSC polygraph in MI advice

I will try to condense this as much as possible.

Someone I know is a recent parolee from prison. He was convicted of CSC 4 & served 4 years. Now paroled, his parole officer wants him to take a polygraph test. He wants to see his children, now that he is out, but the PO won't let him, because of a past police report when he was 12 years old.

Here's the history:
When he was 12 years old, he was accused of 3 counts of CSC 2 & coercion. His lawyer & him dealed & pleaded no contest to assault or assault & battery, in exchange for the CSC & coercion charges to be dropped. The courts agreed & he served some probation time doing community service. He has the court records to confirm this.

When he turned 18, he asked the court to expunge his record. They agreed to expunge his record & the court records were deleted, I imagine. Only the original police reports still remained, which the parole officer has seen. But with no court record of his expunsion, the PO has no proof of the expunsion. As a result, the PO believes that he was convicted of these crimes from the past, as well, which he was not!

Bump up to the present, on the Michigan sex offender registry, his conviction for which he was sent to prison for is posted. BUT! In addition to that, they posted the original charges of CSC 2 from when he was 12. He was NOT convicted & sent to prison on these charges from when he was 12 years old. He has the court documents to prove that. He was only convicted of assault & battery. He showed these court documents to his PO, but the PO wants to give him a polygraph test, before the PO lets him see his kids. All the PO has seen is the original police report from when he was 12 & the PO is basing decisions on that, as there are no expunsion records at the courts.

Finally, my question(s):
1) Can the polygraph operator legally ask him questions irrelevant to the original convictions he went to prison for, such as questions stemming from his past & these past charges?

2) If asked about these past charges & history from when he was 12, is he in violation of his parole if he refuses to answer?

3)Is he legally required to answer or can he plead the 5th or something like that?

4) Can the PO legally restrict him, based on these charges from the past, that he was never convicted of?

5) Can the charges from his past be legally posted on the sex offender site, even when he was never found guilty of them in the first place?

6) What are his options to force them to remove false charges from the sex offender site?

I know this is a short novel, I'm sorry. But we are at a wits end & feel helpless. PLEASE excuse me for saying so, but we cannot afford lawyer fees of any sort. And the past has convinced me that lawyers are for the rich & priveliged, not for us common folks. I don't mean to offend anyone here & I'm not bashing, just the cold, hard facts I'm used to.

I would appreciate any competent advice immensely!

Thank You in advance!

Last edited by helplessinMI; Feb 18th, 2008 at 01:12 PM.
helplessinMI is offline   Reply With Quote
Old Feb 18th, 2008, 04:53 PM   #2
Top Level Member
 
randalljd's Avatar
 
Join Date: Mar 2007
Posts: 701

Default Re: CSC polygraph in MI advice

You should at least get a public defender to intervene. And the lawyer should be there for any questioning or testing--if you agree to testing.

Those tests are often not reliable so you don't have to agree but if you do, legal counsel should be involved.

There are lawyers there for everybody if you push the issue enough; you may just to have work at it a bit.
randalljd is offline   Reply With Quote
Reply

Bookmark & Share

This thread has 1 reply and has been viewed 879 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
new business formation advice / small business advice Unregistered Starting a Business 11 Feb 17th, 2010 03:11 AM
Mother boyfriend charge with csc charges and is now staying with us. Unregistered Other Criminal Law Matters 1 Aug 7th, 2009 01:52 PM
polygraph tests Unregistered Other Criminal Law Matters 3 Jun 29th, 2009 11:02 AM
michigan laws: for a csc charge Unregistered Trials & Sentencing 2 Sep 13th, 2007 09:01 AM
aressted for failed polygraph Unregistered Arrests, Searches, Seizures 1 Nov 22nd, 2006 04:15 PM




All times are GMT -4. The time now is 06:08 PM.