Polygraph tests are essentially uncounseled statements to the police because attorneys are not generally present. This can typically and unfortunately cause more problems than it solves. No matter what tactics the police use against you, you are fully within your rights to refuse a polygraph test at any stage of the criminal justice process.
If you do agree to a polygraph while under police questioning, you might be worried about the results being admitted as evidence and used against you at trial. In the case of Turner v. This means that the statements you make during the polygraph test, and any pre or post-polygraph interview may still be offered as evidence.
The courts simply exclude the opinion of whether your statements are true or false. Despite their unreliability and limited courtroom value, polygraph tests are an interrogation tool that gives law enforcement and prosecutors a significant edge, while your rights suffer. Any number of things can influence the results, causing false positives and negatives. Additionally, subjective questions can also create confusion. For example, if a subject is asked if they participate is kinky sex acts or use drugs, the answer provided would be based on what the target deemed kinky or whether they fely their prescribed medication is considered a drug.
Therefore, you should not, under any circumstances, consent to a polygraph test if you are being investigated for a crime. Even if you know you are innocent and pass the polygraph test with flying colors, the police may gain other incriminating or embarrassing information. Instead, you should exercise your right to remain silent and a call a Virginia criminal defense lawyer to handle your case. Call us today at for a free case evaluation.
Our Attorneys Attorney Michelle C. Facing Criminal Charges in Virginia? Call Us at You Cannot be Forced to Take a Polygraph Test There is no law in Virginia or throughout the United States for that matter that makes it illegal to refuse a polygraph test.
Know the different aspects of polygraph testing, understand your legal rights and take proper action only after consulting an experienced criminal defence lawyer. The process involves a polygraph , deceptograph, voice stress analyzer, psychological stress evaluator or any other similar device both mechanical and electrical.
The polygraph records physical changes among them, breathing rate, pulse, blood pressure and perspiration during an interrogation; the tester reads and interprets those changes.
A criminal may be able to lie without flinching, whereas an innocent person may feel anxious about being interrogated by police. What the tester saw or assumed might not be what actually happened. Secondly, the test is an impeachment of many rules of evidence — the rule against oath helping, the rule prohibiting the use of prior-consistent statements and the rule against bolstering character. Although the results of the polygraph are inadmissible in court, any statement made during the interrogation process are.
Whether the statement comes during the pre-test interrogation or post-test interview, everything is intended to gather enough evidence so the police can pursue their investigation.
Even accused persons who believe they may be able to prove themselves innocent through exculpatory statements may unknowingly provide facts and statements that work against them. This is because the more people talk, the more likely it is for their statements to appear to police to be incorrect, exaggerated or unreliable. These unavoidable flaws and errors are often misused during trial cross-examination. Although police can ask you to take a lie detector test at any time, they usually do it at the beginning of an investigation.
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