Is It Worth Taking A Polygraph? Most Likely -- No.

Posted by Ernesto Gapasin | Oct 31, 2023 | 0 Comments

Whether or not you should agree to take a polygraph (lie detector) test when you are suspected of committing a crime is a complex decision and depends on several factors. It's important to note that the admissibility and accuracy of polygraph tests can vary widely, and their use in legal proceedings is a subject of debate.  However, polygraph results are NOT considered admissible evidence.  Judges will prevent any mention of an accused either having taken a polygraph or even turned one down.  Military Judges will simply not allow any mention of polygraphs into a court-martial trial.

Here are some other considerations to keep in mind:

  1. Consult an attorney: If you are suspected of a crime, it is generally advisable to consult with an attorney before making any decisions regarding a polygraph test. An attorney can provide legal advice based on the specific circumstances of your case and help you make an informed decision.  A good military lawyer will help you take a test with an outside polygrapher (i.e., NOT CID, OSI, NCIS or CGIS).  A former cop with extensive experience is usually a good bet, and if the client fails the test, then the results can just be trashed.  If the polygraph results show No Deception, then your civilian counsel can turn those favorable results in to your chain of command.

  2. Admissibility: In many legal jurisdictions, polygraph results are not admissible as evidence in court. However, even if the results are not admissible, they can still be used by law enforcement in their investigation, and they might influence their perception of your credibility.

  3. Accuracy: Polygraph tests are not foolproof and can produce FALSE positives and FALSE negatives. Factors such as the examiner's competence and the examinee's state of mind can affect the results. Inaccurate results could potentially harm your case.

  4. Psychological stress: Taking a polygraph test can be a stressful experience, and the results may be affected by your emotional state. If you are innocent, the test may falsely suggest otherwise due to stress or anxiety.

  5. Legal rights: In many jurisdictions, you have the right to refuse a polygraph test. You cannot be forced to take one, and refusing to do so should not be used against you in court.

  6. Alternative strategies: If you believe you are innocent, you should focus on building a strong legal defense with the help of your attorney. Providing evidence, alibis, or other witnesses to support your innocence can be more effective than relying on a polygraph test.

In summary, agreeing to a polygraph test when you are suspected of committing a crime is a decision that should be made in consultation with your civilian defense counsel. It's important to understand the potential limitations and consequences of taking such a test, as well as your legal rights. If you are facing the possibility of taking a polygraph, contact Gapasin Law Group, LLC today by filling out and submitting the "Contact Us" Form on this page.  We will immediately reach out to you for a no-cost consultation.  

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Ernesto Gapasin



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