Expert Advice When You Need It Most

Passed Voice Stress Analysis Test - take Polygraph also?

Our son is expecting to be arrested in 6 days for a crime he didn't commit. The offense happened almost two months ago. His defense lawyer has been busy with a trial and hasn't even met with him yet. I think he is waiting for our son to be charged before he does anything. Since we want to avoid the arrest, we had him take a voice stress analysis test which he passed. Should he also take a polygraph? I would like to get him another lawyer, or is too late to avoid the charges?

Save

Attorney answers (2)

Reputation Level 19
If your son was my client here in N J, and about to be charged criminally, I would not want him talking to anyone without my knowledge and approval. The reason for this, is the attorney-client privilege protects the communications between the client and the lawyer. It does not apply to anyone else your son is talking to.
I understand that the lawyer is busy, but I am sure that he does not want your son talking about the case with anyone without his knowledge and approval.

In addition, the tests you refer to are subject to rules of evidence, and are not typically deemed admissible to prove innocence or guilt, absent a stipulation by the prosecution and the defense as to the purpose to which the tests can be used. If your son's lawyer did not talk to your son about taking these tests, then I suggest you stop until your son's lawyer advises him on these issues. Your son is, according to your facts, about to be arrested. If he is, he needs legal counsel then (and from your facts, now). I strongly urge you to stop until you talk to the lawyer, or if you really want to change lawyers, stop until you have the new lawyer who is admitted to practice law in NY advise you on what should or should not be done in regards to these tests. Good luck

Disclaimer
This information is offered for informational purposes only, as I do not practice law in your State. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this issue.
2 people marked this answer as good

Avvo Pro

Reputation Level 20
Neither one is admissible evidence in court and neither one will necessarily persuade the DA from dropping the case. If anything he will just provide information that will be later used against him. Follow my colleague's advice and get him a reliable lawyer.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now