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I have been asked by detectives to take a polygraph test as…

Customer Question
I have been asked...

I have been asked by detectives to take a polygraph test as part of a preliminary investigation but have been advised against it because of inaccuracies. I have researched it and tend to agree. What is your opinion?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Colorado Springs, CO

Lawyer's Assistant: Has anything been filed or reported?

No charges have been filed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think that’s it.

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
2/16/2018
Lawyer: Zoey, JD, Attorney replied 4 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,919
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post and I am composing a response. Please be patient while I type the answer.

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Lawyer: Zoey, JD, Attorney replied 4 months ago

Your Constitutional right against self-incrimination is one of the most important rights you have. As a result, a suspect of a crime should NEVER allow himself to be interrogated by the authorities without a lawyer. And no self-respecting experienced criminal defense lawyer would ever agree to a police-arranged polygraph.

Your right to remain silent rather than answer questions about an incident is fundamental and can never ever be used against you. However, the second you give up that right, anything you say can be twisted and used against you at trial.

Polygraphs are inadmissible because they are not accurate enough to be considered reliable evidence the way, for example, fingerprints and DNA evidence is. So you want to avoid this at all costs. Even if you are innocent of what you're being charged with, false positives are common enough so that it's just not a good idea.

If you do think a polygraph will help you, ask your lawyer to arrange one for you without telling anyone else you're doing so. In that way, the results are protected by the attorney/client privilege. If it comes out in your favor, your lawyer can take it to the prosecutor and/or judge and use it to negotiate with. If it doesn't come out favorable or it comes out inconclusive, you're the only one besides your lawyer who will know it ever happened and it can't be used against you.

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Lawyer: Zoey, JD, Attorney replied 4 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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