Should I take a polygraph if suspected of a crime?
Ask yourself, am I guilty of what I am being accused of.Often, a law enforcement investigator or police detective will ask a suspect to submit to a polygraph test in order to "get their side of the story". In my experience, having been a criminal defense attorney for well over a decade and having personally handled well over two thousand cases, the police usually use the request to submit to a polygraph as a ruse to simply question the individual in a controlled setting. The purpose is not to get to the "truth" or determine whether the person is lying, the office usually already knows that.
If the answer to question one is yes, do not agree to take a polygraph.Most experienced criminal defense lawyers and other professionals, including judges, will advise a client to not take a polygraph at the request of police. Instead, the detective should be asked to allow the suspect, through his or her attorney, to choose an independent polygrapher and conduct their own test and submit the results to the police. This is preferred because it gives the attorney control over the manner of the testing and ultimate reliability.
Another option is to request that the results be admissible in Court through a stipulation of the criminal defense Lawyer and the local District Attorney. The bottom line is they will usually not agree to these terms but it gives the criminal suspect a polite "out" to refuse to submission of the polygraph.