Legal Question in Criminal Law in Florida

Re: polygraph question #2

The police have no power to issue subpoenas. Only prosecutors (and grand juries) may issue subpoenas, though, of course, the police may obtain a subpoena from a prosecutor. Once this person receives a subpoena, he or she can then be compelled to testify. He can no longer refuse to testify, and he cannot "lawyer up" or "plead the 5th." (He still can't be required to take the polygraph, though. That would require a warrant, not just a subpoena.)

The subpoenaed testimony, however, is under "use immunity." "Use immunity" means that none of the testimony can be used against him to prove his guilt or involvment in a crime. He'll have to tell what he knows (guilty or not), but the testimony can't be used in court. He could even admit to murder, but the police could never use it against him.

He could still be prosecuted for the crime he admits to, but none of the testimony taken while under subpoena could be presented in court or used to gather evidence against him. However, if he lies while giving subpoenaed testimony, the fact that he lied can be used against him AND he can be prosecuted for perjury. What's more, if he refuses to testify while under subpoena, he can be thrown in jail for six months.

If this sounds very complex, it should. It is very complex, and this person should get a lawyer immediately.

Re: polygraph question #2

The person needs to hire an attorney to represent him. The State can not force someone to submit to a polygraph and they can not force someone to testify against themself.

If you or this person is in the Central Florida area please feel free to contact me to discuss representation.

Re: polygraph question #2

No one can be forced to take a polygraph examination. Your friend should hire an attorney to act on his/her behalf.