Savvy criminal defense lawyers can make effective use of polygraph results.
Polygraph results are not generally admissible in evidence. Nevertheless, savvy criminal defense lawyers can help their clients by making effective use of polygraph results. This guide explains how.
Even though they are not admissible in court, polygraph results have proven very helpful in exonerating our clients.We have had many clients who have ended up not being prosecuted as a result of favorable polygraph results. One example involves a client who had a sexual encounter with the wife of a deputy sheriff. When the deputy arrived home unexpectedly, and found the couple in an affectionate situation, the wife asserted that the client must have put something in her drink, because she would NEVER have cheated on her husband otherwise. Our client passed a polygraph proving that he did not put anything in the wife's drink. As a result, our client was not prosecuted. Another example occurred in a "shaken baby" case, in which the parents were the primary suspects of harming a young child. Both parents passed polygraphs proving that they did not harm the child, and were not prosecuted.
Polygraph results have helped us negotiate favorable plea bargains for our clients.We had a client who was accused of having sex with an underage female. The female admittedly had lied about her age. The District Attorney was willing to allow our client to plead guilty to a non-sex misdemeanor offense, which will qualify for expungement, because our client passed a polygraph establishing that he had not had sex with anyone else under age.
Defense polygraphs are totally different from police polygraphs.As defense attorneys, we are seeking to use polygraphs to clear our client of suspicion. When we refer a client out for polygraph testing, we do so under strict requirements of confidentiality. If the result is not what we are seeking, nobody will know about it. Our polygraph experts are highly professional, and their integrity is without question. Everything is done to help the client pass the polygraph, and for the results to be accepted by the prosecutor. On the other hand, any person suspected of a crime should NOT take a police polygraph. The police are seeking to gather evidence against the suspect, and they sometimes use the polygraph as a way to pressure the suspect to confess. A person who is facing a criminal charge who wants to take a polygraph should only do so on a referral by a criminal defense attorney.