Stuart noted the risk of taking a PRIVATE polygraph is zero. (polygraphs given by the police, however, ARE NOT confidential and can be used against the client) The entire polygraph record is considered attorney/client work product and is always absolutely confidential when the polygrapher is hired as a defense expert. Furthermore, professional polygraphers and their staff remain obligated to keep all client interviews completely secret.
Finally, if the results of a polygraph are positive, then the price for the exam (usually around $500.00) is a small one. We now possess a report widely utilized by grand juries demonstrating the truthfulness of the client. If the polygraph results are negative, the exam remains confidential . . . as if the exam never took place.
So don't be afraid of a private polygraph administered by your lawyer's hired expert. It just might save your skin, too.
2 comments:
Many people are terrified of taking a polygraph. As a defense lawyer, how often would you say you recommend your clients take a polygraph test? I'd be interested to hear if you received new information as a result of a polygraph that helped you win a case for a client.
John: I recommend a polygraph whenever I think a pass will help me negotiate for my client. It is a no lose situation. If the client passes, everyone knows. If the client fails, no one will ever know. I recently utilized a polygraph to obtain a dismissal, even though I thought my client's story would not hold water. Despite my personal opinion, the client passed and the prosecutor dismissed the case.
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