Private Polygraph Tests in Criminal Cases: What You Need to Know
Facing criminal charges is NEVER fun – it can feel like the world is crashing down around you. Maybe you’re being accused of something you DIDN’T do, or perhaps the situation is a bit more…complicated.Either way, we get it. The fear, the stress, the uncertainty of what comes next – it’s overwhelming. But take a deep breath, you’ve come to the right place. At Spodek Law Group, we’re experts at navigating these treacherous legal waters.One strategy that’s often brought up in criminal cases is taking a private polygraph test, also known as a lie detector test. But what exactly is it? How does it work? And most importantly, could it actually help your case?We’re here to lay it all out for you, no sugar-coating. So grab a cup of coffee (or something stronger, we don’t judge), and let’s dive into the world of private polygraph tests.
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What is a Private Polygraph Test?
A private polygraph test is EXACTLY what it sounds like – a lie detector test that you pay for out of your own pocket, rather than one administered by law enforcement or the court system.Here’s how it works: you hire a trained polygraph examiner, often a retired law enforcement officer or someone from the private sector. They‘ll hook you up to a nifty little machine called a polygraph, which measures things like your breathing, blood pressure, and sweat gland activity.The idea is that when you lie, your body has an involuntary physical reaction that the polygraph can detect. Kinda cool, kinda creepy, right?During the test, the examiner will ask you a series of questions related to the crime you’ve been accused of. If the polygraph doesn‘t detect any deception in your answers, the results could potentially be used to try and convince the prosecutor that you’re telling the truth and should have the charges against you dropped.On the flip side, if the test indicates you WERE being deceptive…well, those results get swept under the rug faster than a kid trying to hide a mess before their parents get home.Now, we know what you’re thinking: “But wait, aren‘t polygraph tests inadmissible in court?” You’re absolutely right, my friend. In most cases, polygraph results CANNOT be used as evidence in a criminal trial.However, that doesn’t mean they’re completely useless. In fact, there are a few strategic situations where taking a private polygraph test could potentially help your case. But we’ll get to those in just a bit.First, let‘s address the elephant in the room…
The Controversy Surrounding Polygraph Tests
Look, we’d be doing you a disservice if we didn’t acknowledge the HUGE debate surrounding the accuracy and reliability of polygraph tests.On one side, you’ve got law enforcement and some psychologists who swear by them, claiming they‘re a valuable investigative tool. They’ll point to studies showing polygraphs can be up to 90% accurate when administered correctly.But on the other hand, there’s a whole camp of experts who think polygraph tests are about as reliable as a drunk fortune teller. They‘ll cite research showing that things like anxiety, certain medications, and even your body’s natural physical responses can throw off the results.The truth? It’s probably somewhere in the middle. Polygraph tests aren‘t an EXACT science, but when used correctly and interpreted by a skilled examiner, they can potentially provide SOME insight into whether someone is being truthful or deceptive.At the end of the day, it’s up to you to decide if you want to put any stock into the results of a private polygraph test. But before you make that decision, let’s look at a few situations where taking one COULD potentially help your case.
When a Private Polygraph Test Might Be Useful
Okay, so we‘ve covered what a private polygraph test is and the controversy surrounding its accuracy. Now, let’s talk about when it might actually be a good strategic move for your criminal defense.Generally speaking, there are three main scenarios where taking a private polygraph test could potentially benefit you:
- To try and get charges dismissed during the pre-trial process
- To persuade the prosecutor to agree to a follow-up polygraph test administered by the state
- To convince you to enter into a plea bargain or plead no contest
Let’s break each of these down a bit further.
1. Getting Charges Dismissed
This is probably the BEST-CASE scenario for taking a private polygraph test. The idea is that you take the test EARLY on, often before charges have even been filed or during the pre-trial process.If the results indicate you were telling the truth about not committing the crime, your attorney can then approach the prosecutor and present those results as evidence of your innocence.Now, prosecutors generally don‘t want to waste time and resources pursuing charges against someone they believe is factually innocent. So in some cases, they may find the polygraph results compelling enough to dismiss the charges entirely.Even if they don’t outright dismiss the case, the results could potentially persuade the prosecutor to reduce the charges to a lesser offense.Of course, this all hinges on the prosecutor finding the polygraph results credible, which brings us to our next scenario…
2. Persuading the Prosecutor for a Follow-Up Test
Sometimes, even if you take a private polygraph test that seems to indicate your innocence, the prosecutor just isn’t buying it. Maybe they don’t trust the examiner, or maybe they have other evidence that contradicts the results.In that case, your attorney can use the private polygraph as a bargaining chip of sorts. They can approach the prosecutor and say, “Look, my client took this test and passed. How about we have them take another one administered by YOUR polygraph examiners?”The idea here is that prosecutors may have more faith in the results if the test is conducted by examiners they know and trust. If THEIR polygraphers also conclude you were telling the truth, it becomes much harder for them to ignore those findings.Of course, this strategy relies on the prosecutor being open to the idea of a follow-up polygraph in the first place. But hey, it’s worth a shot, right?
3. Considering a Plea Bargain
Now, let‘s look at the flip side of the coin. What if you take a private polygraph test, and the results seem to indicate that you WERE being deceptive about your involvement in the crime?In that case, your attorney may advise you to seriously consider entering into a plea bargain or pleading no contest.Look, going to trial is always a gamble, and if the polygraph results suggest you might not have the strongest case, a plea deal could be the smartest move. It allows you to potentially avoid the most severe penalties while still taking responsibility for your actions.Of course, this is a very personal decision that depends on the specific circumstances of your case. But at the very least, unfavorable polygraph results could be the wake-up call you need to re-evaluate your legal strategy.
The Pros and Cons of Taking a Private Polygraph Test
Alright, so we’ve covered the basics of what a private polygraph test is and when it MIGHT be a useful strategy in a criminal case. But like most things in life, there are pros and cons to consider before taking the plunge.Let’s start with the potential benefits:
Pros:
- Could lead to charges being dismissed or reduced: As we discussed, if you “pass” the polygraph test, the results could potentially convince the prosecutor of your innocence and get the charges against you dropped or lessened.
- Provides insight into the strength of the prosecution’s case: Even if the polygraph results don’t sway the prosecutor, they can still give you and your attorney a better idea of how strong the evidence against you might be.
- Relatively inexpensive compared to the cost of a trial: Most private polygraph examiners charge between $200 and $2,000 for a test, which is a drop in the bucket compared to the tens of thousands of dollars (or more) it can cost to go to trial.
- Completely voluntary and confidential: Unlike a polygraph administered by law enforcement, you’re under no obligation to disclose the results of a private test if they don’t work in your favor.
But as with most things in life, there are also some potential downsides to consider:
Cons:
- Results are inadmissible in court: No matter how convincing the polygraph results may seem, they cannot be used as evidence in a criminal trial unless BOTH the prosecution and defense agree to it (which almost never happens).
- Accuracy is still debated: As we discussed earlier, there’s a lot of controversy surrounding just how reliable polygraph tests really are, which could undermine the impact of the results.
- Could provide a false sense of security: If you “pass” a private polygraph, you might be tempted to get overconfident and turn down a favorable plea deal, only to be convicted at trial.
- Opposite results could be demoralizing: On the flip side, if the polygraph indicates deception, it could shake your confidence and potentially lead you to accept an unfavorable plea deal out of fear.
At the end of the day, the decision to take a private polygraph test is a highly personal one that depends on the specific circumstances of your case. That’s why it‘s CRUCIAL to discuss this strategy thoroughly with an experienced criminal defense attorney before moving forward.Speaking of which…