Hi, My fiancé is doing 14 years for robbery, and attempted sexual assault. He admitted to the robbery and denied the attempted sexual assault he has taken 2 different polygraph tests and passed them both he did not commit that crime but he is still doing time for it. Can they do that? If not what can I do about this?


Thank You

But you said he confessed, so yes he will be going to jail

It appears that the judge or jury felt that guilt of the attempted sexual assault had been proven beyond a reasonable doubt. Polygraph results are nowhere near 100% reliable, or we would have no need for juries, would we?

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Originally Posted by donna82865

but he is still doing time for it. Can they do that? If not what can I do about this?

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Hello d:

There's nothing you can do.. He was found guilty or he pled guilty... Either way, that's that. It's going to take NEW evidence to get a new trial, and a lie detector isn't evidence.

excon

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Originally Posted by donna82865

Hi, My fiance is doing 14 years for robbery, and attempted sexual assault. He admitted to the robbery and denied the the attempted sexual assault he has taken 2 different polygraph tests and passed them both he did not commit that crime but he is still doing time for it. Can they do that? If not what can I do about this?


Thank You

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Yes, it appears that "they" can "do that."

He can always appeal - if you have grounds. Of course, he can't appeal the charges to which he entered a "guilty."

He confessed to the robbery and did not do the sexual assult and the polygraph proved he did not so can they give him time for it

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Originally Posted by excon

Hello d:

There's nothing you can do.. He was found guilty or he pled guilty... Either way, that's that. It's going to take NEW evidence to get a new trial, and a lie detector isn't evidence.

excon

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He did not plead guilty to sexual assault . Do you think he would have a chance on appeal? I found something on the internet about a case where they say lie detector is admissible in a court of law used at judges discression. Polygraph proves his innocence so why should it be inadmissable

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Originally Posted by donna82865

He did not plead guilty to sexual assualt . Do you think he would have a chance on appeal? I found some thing on the internet about a case where they say lie detector is admissible in a court of law used at judges discression. polygraph proves his innocence so why should it be inadmissable

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Please post what you found "on the internet." It is impossible to discuss a case/circumstance without knowing the background as well as where the case was and where you are.

At any rate:

"What are the State Laws Concerning Polygraph Admissibility?
Almost every state fits into one of two categories; those that find them completely inadmissible and those that allow their admission with "the stipulations of both parties" (meaning both you and the prosecutor agree to admit the test results as evidence).

States like California, Arizona, Nevada, Georgia, and Florida allow the tests if everyone agrees to them, but may put different emphasis on the tests accuracy.

California, for instance, presents the results to the jury, and allows them to draw whatever inferences from it they wish.

Georgia, on the other hand, allows defendants who suffer damage because of a false result on a polygraph test (which are somewhat frequent) to sue the polygraph operator for damages and attorneys fees.

Florida is the one state that does require some people to submit to polygraph tests (previously convicted sex offenders), but even then those test results cannot be used against them in court, and are for use only within the course of their therapy.
The states in which polygraphs are inadmissible include New York, Texas, Illinois, Pennsylvania, and the District of Columbia. In these states, even if both parties wish to enter polygraph test results into evidence, it is forbidden (except in very rare scenarios).

Some states, like New York and Texas, forbid their use completely in all employment and law enforcement contexts.

Other states, like Massechussettes, do not allow them to be entered as evidence, but CAN use them as supporting probable cause (to obtain search warrants).

Federal courts have their own rules on when to allow the admission of polygraph evidence (it is usually at the judge's discretion)." Admissability of Polygraph Tests in Court | LegalMatch Law Library

I worked for the Feds and polygraph results were (at that time) considered to be highly unreliable, easily "faked" and not admissible. The results also depended on WHO administered the test, that person's skill level, training and experience.

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Originally Posted by donna82865

He did not plead guilty to sexual assualt . Do you think he would have a chance on appeal?

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Hello d:

I don't know if he'd have a chance or not, but I'd certainly appeal. He has NOTHING to loose and EVERYTHING to gain... My worry is that the time for filing an appeal has elapsed... Depending on where he is, he only has a few days in which to file...

excon