Legal Question in Criminal Law in Minnesota

If a person is on felony probation, is it legal to require that they pass a polygraph test as a condition of their probation? If this person then fails this probation-required polygraph test, is it legal to charge them with a "Probation Violation" and send them to prison? I'd be happy to provide any further details needed to accurately answer this question...


Asked on 9/24/09, 12:09 pm

1 Answer from Attorneys
A. Michael Kuehn A. Michael Kuehn Law Firm

Unfortunately, courts have broad discretion in assigning terms of probation, and too often they let probation themselves decide what the terms will be. When dealing with junk science like polygraph tests, the problem is even greater. After all, how do you prove you're telling the truth when the "magic box" is saying you aren't.

What's most helpful is to have a skilled lawyer who's experienced in probation violation hearings to convince the Judge that this is not a just result. Judges, just like anyone else, make decisions they think are fair and just. If you can convince them that the probation term is unfair, they may take that into consideration in making their determination.

Please feel free to call me at 612-708-2075 if you have any other questions.

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Answered on 9/30/09, 9:13 am


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