Shoplifting, Larceny, Robbery, Theft HELP ME PLEASE! I am being unfairly accused!

[Samomo6485]

Just yesterday, I was in Santa Barbara, California visiting a good friend from college. My friend has long since had a volatile relationship with her much-younger roommates, which culminated in the theft of some of my belongings and the purported theft of a roommate's camera.

I have since returned to my home in Los Angeles, and received a telephone call from the Sheriff's office in Santa Barbara asking for my version of the events and whether I would be willing to submit to a polygraph to prove my innocence.

I absolutely did not take the camera (and there is no proof to support such), and feel that taking a polygraph would be an egregious invasion of my privacy.

Can I legally refuse to take the test? If yes, what justification can I use, and what (if any) consequences can arise from my refusal to take the polygraph?

I am terribly anxious about this situation and would love any advice out there.

Thanks.

 

[jacksgal]

You can legally refuse you dont need a reason

 

[Samomo6485]

Thank you for responding jacksgal. Could my refusal be used as evidence against me? For instance, could they use it as justification to search my belongings or something?

 

[jacksgal]

Refusing a polygraph is not evidence of guilt and cannot be used that way. In fact you cannot even use results in court. Police like to use in cases with little evidence to help decide whether they want to pursue investigation or drop it.

 

[Samomo6485]

So if I go ahead and refuse to take this polygraph, is there any typical police recourse I can expect?

If I didn't do what I'm being accused of, and there is absolutely no evidence (that I'm aware of) pointing towards anyone, what other wonderful surprises can I expect from the police?

And when am I allowed to flat out refuse to even talk to them?

 

[jacksgal]

I cannot say what the Police will do but I suspect it will be dropped for lack of evidence

 

[CdwJava]

So if I go ahead and refuse to take this polygraph, is there any typical police recourse I can expect?

If they have sufficient evidence to make a case, they will file the matter with the DA. If the DA feels he has enough to proceed to trial with, the DA will request an arrest warrant.

As Jacksgal has mentioned, there is no way to predict what they may or may not do.

And when am I allowed to flat out refuse to even talk to them?

You NEVER have to talk to the police. Although that means that they only have the statements of other parties to go on, and they may have evidence that can be interpreted multiple ways but without your account they may interpret it against you. There are pluses and minuses to talking with the police when you are innocent. The "plus" is that it may deflect the investigation from you. The "minus" is that you might say things that DO make you sound guilty.

- Carl