Law Enforcement Use of Polygraph Test
When it comes to the polygraph test, most people think about it the way they see it on TV, where people take very accurate and fair polygraph tests. When it comes to real-life polygraph tests from a criminal defense standpoint, at least from my perspective, having practiced criminal defense for twenty-five years, I think polygraph tests are worthless. They're not admissible into evidence in any criminal case and will never be because of their unreliability.
However, law enforcement and even prosecutors still utilize polygraph tests. In criminal cases, there is often evidence that someone has committed a crime. There will be evidence that they didn't commit the crime, or maybe it's a weak case.
Someone claims something, but they don't have any proof to back it up. A lot of times law enforcement and even prosecutors will say, okay, let's do a polygraph test, and if the person can pass it, we will not charge them with any crime.
If a person doesn't pass the polygraph test, they are often charged with a crime. But the bottom line is that, no matter what happens with the polygraph test, it is not admissible in a criminal case.
It's not admissible because it is subject to outside circumstances interfering with the result. It's not reliable, and the bottom line is that courts have repeatedly held that polygraph tests are not admissible in criminal cases in Los Angeles, California, and all over the nation.
What Are The Problems With Polygraph Tests?
One of the biggest problems with the polygraph test is that usually, when the test is being done, it's being done in a police-dominated environment.
Questions are being asked that are outside the control of the defense attorney and the person who has to answer them. So, a lot of times, people are already feeling anxious and nervous—whether they're guilty or not.
I wouldn't say I like polygraph tests. I rarely have my client take them; only in sporadic extreme cases would I allow a client to take a polygraph test. Again, the bottom line is this – if the person is very nervous and they're in a police-dominated environment somewhere in Los Angeles County, a lot of times that can affect the result. If that will affect the outcome, what's the point of doing the polygraph test? So, I don't like them and don't typically use them.
When Will You Get Involved With A Polygraph Test As A Criminal Defense Attorney?
What I will do if the case is a close call, it's a weak case. The police are asking for a polygraph test – or even if the prosecutors want a polygraph test – my strategy is I have some polygraph people that I use that are respectable, know what they're doing, are not going to make the client feel uncomfortable and are going to conduct the test fairly.
So, we will have my polygraph person do the test, ask the same questions that the prosecutor or police are going to ask, and if the client passes the test, then we turn that result over to the police/prosecutors and say, here you go.
My client has taken a polygraph test with a polygraph examiner who either used to work for law enforcement or the FBI. He's passed the test, so you can dismiss the case or not file it in the first place. We won't need to take one of your tests.
Sometimes they'll do that. Sometimes, they'll accept it, depending on whether they feel confident with the polygraph examiner and the questions asked. Other times, they won't admit it. Still, then maybe you do take the test because if you can pass the test with a good defense polygraph examiner who has probably worked for the prosecution at some point, then you should be able to pass the polygraph test with whoever the prosecutor will bring at you.
The only issue I mentioned is that you will probably be in a police-dominated environment. It's not going to be controlled. The client may be nervous, and there are a lot of outside factors that can impact them. Still, I've had federal cases where the bottom line is that the client passed our test but didn't pass the fed's polygraph examiner's test, and the prosecutor just countered that as a push. So, it didn't hurt or help the definite. It can never be used against the defendant.
Lawyer to Review Circumstances of Your Case
So, the bottom line is this: If you're contemplating a polygraph test or if the police are trying to get you to take one, you have to sit down with somebody like me who has been doing this for a long time. We'll talk about the circumstances of the case.
We'll talk about the questions that can be used and get the strategy together. If the polygraph test will help you, we'll use my expert, my polygraph examiner, to do the test. If we do not like the polygraph test, I'm just going to tell law enforcement or the prosecutors, no, we're not taking a polygraph test. They're not admissible in court and need to be more reliable. I don't find any value in them.
The bottom line is we're going to handle it the way that's best for you. That's why you hire your criminal defense attorney. Whenever you're talking about an unreliable testing device like a polygraph, you have to be talking to a criminal defense attorney who has done it a long time, knows how to deal with these types of cases, knows how to use polygraph results, and knows when to tell the prosecutors and police no, that's not going to work for my client.
A free initial consultation is your best step for more information on Polygraph Tests In Criminal Cases in LA. You can get the information and legal answers you're looking for by calling (213) 542-0979 today.
