Legal Question in Criminal Law in Virginia

Re: Do You Have to Take A Polygraph?

You do not have to take the polygraph. They are inadmisible in court unless you take one for the prosecution which gives them the right to introduce it as evidence. Even if you pass it, the police would not guarantee that they would not charge you. If you have medical reasons to be fearful of the test and the prosecutor is not willing to accomodate for that, then you are in a no win situation. Since they could charge you anyway and you have reasons why you might test fale-positive, there's little upside to taking it.

Good luck.

Re: Do You Have to Take A Polygraph?

If the polygraph exam is being requested by your employer, the federal EPPA law (Employee Polygraph Protection Act), protects you from adverse action being taken against you by your employer in the event that you refuse the exam unless one of the exceptions applies which have to do with employees who are involved with certain security jobs(armored car is one example) or with jobs that have to do with the legal manufacture and sale of certain drugs which are normally illegal for individuals to possess or distribute, e.g.,controlled substances listed under Schedules 1 thru V1 and designer drugs, Va. Drug Control Act. Title 54.1 (See also Title 29 of the United States Code, Chapter 22 for the full list of applicable exceptions to EPPA.)