San Diego Criminal Lawyers Blog
You are all about demonstrating your innocence, so when law enforcement asks you to take a polygraph test, it seems logical to comply. You have nothing to hide, after all. You couldn’t be more mistaken! There are lots of reasons to steer clear of lie detector tests.
Just Say No
Along with the fact that the results of your polygraph test will not likely be admitted in court, and the fact that a “conclusive” result showing you to be telling the truth will not persuade police to release you, there are some very compelling reasons to avoid taking one, including:
- The police are not interested in helping to prove your innocence. If you are a police suspect, there are no laws or rules for police about lying to you in order to confuse or frustrate you. You may have passed with flying colors, only to be told by detectives that the test confirmed your guilt in the hopes that you’ll crumble and confess.
- On the other hand, there’s the chance that you might actually fail the test. If the test indicates deception in the slightest, it might energize law enforcement to come at you even more vigorously.
- Despite the results of the polygraph likely never making it into a courtroom, anything that you say can still be used against you, whether it was said in the pre-polygraph interview or during the test itself.
- The tests are not considered reliable (thus the hesitancy of courts to allow test results as evidence). The machines used in polygraph testing measure a person’s physiological reactions to various questions—including heart rate, perspiration, and so forth. Is it conceivable that a person might experience changes in pulse, breathing, or perspiration simply as a result of their worry or apprehension? Do blameless people ever fail the test? Can guilty people who feel no remorse or who have psychopathic tendencies pass the lie-detector test? The answer to these questions is a categorical yes.
- When you consent to take a polygraph test, you give up your Fifth Amendment right to remain silent. That, in itself, may be the biggest mistake anyone on the radar of law enforcement can make.
Instead…
There is no requirement that you take a lie detector test. You have no legal compulsion to agree to this law enforcement request, regardless of the amount of pressure exerted by authorities. A better option is to respectfully request to see your attorney. That is the one person who is guaranteed to be in your corner, irrespective of the circumstances or charges. When you are a suspect in a criminal case, your defense attorney is the person who can help you through every stage of your defense.
Call Today
The ethical and experienced criminal defense attorneys at Boertje & Associates always fight to achieve the best possible outcomes for you. To discuss, schedule a confidential consultation in our San Diego office today.