Should Criminal Defendants Ever Take a Police Polygraph Exam?
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- Опубликовано: 30 июн 2024
- This video explains whether a criminal defendant should EVER submit to a police polygraph exam. Visit www.gustitislaw.com for more information about polygraph examinations (lie detector tests) and criminal defense strategies in Bryan-College Station, TX.
This video describes why a police polygraph test is not protected by the attorney client privilege and that anyone considering taking a lie detector test should hire their own polygraph expert to administer the examination.
Other Videos in this Series:
Using a Polygraph Examination (Lie Detector) in Criminal Defense ( • Using a Polygraph Exam... )
Can a Polygraph Examination Help Defend Your Criminal Charges? ( • Can a Polygraph Examin... )
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Disclaimer:
This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals. The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
About This Video:
In this video, Stephen Gustitis makes clear that a polygraph examination administered by the police is not protected by the attorney client privilege. It also examines four reasons why a criminal suspect should ask their criminal defense attorney to hire a private polygraph expert to administer any lie detector tests. This is the final video in our series on how a polygraph examination can be used to help defend your criminal case. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to use polygraph examinations to help defend your criminal charges. #polygraphs #gustitislaw #criminaldefense
- Don't argue with police
- Don't fight with police
- Don't talk with police
- Don't take a polygraph test
- Don't waive your legal rights
- Get a competent lawyer
Excellent advice. Summarizes my recommendations in much fewer words. Thanks.
Polygraphs have been proven to be unreliable both scientifically and historically. They don't technically detect lies, they detect nervousness. Feelings of nervousness is natural in an interrogation regardless of guilt or innocence. Nervousness can therefore be misleading or misinterpreted based on the phrasing of the questions or the bias of the questioner.
That’s why the police use them, so they can leverage a confession.
I can think of a reason why I would never want to take a polygraph test. They don’t work.
If you take a polygraph administered by your own expert, and you pass, then you've got something to negotiate with. But I certainly understand your thoughts on polygraphs, in general. There is a reason they are not admissible in court! Thanks for you comment and for visiting.
@Zyaire Gunner probably a scam
Great info!!
Thanks for watching!
You are SOOOOOOOOO Correct, you always hit the nail on the head!!!
Thank you for watching and for your kind words!
I dont mean to be off topic but does any of you know of a tool to get back into an Instagram account??
I was stupid forgot my login password. I would love any assistance you can give me!
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I think the best reason to avoid polygraphs is that they are unreliable. You may be entirely honest and the test can show you are lying. Why agree to something that can actively hurt you even when you have nothing to hide?
If you hire your own expert, who cares if you flunk the test? If you pass, your lawyer can use it. If you fail the test it's shit-canned.
@@GustitisLaw better to spend the money on something that actually works imo
@@ParanormalEncyclopedia How do you know a passed polygraph would not help the case?
@@GustitisLaw it's a die roll dumb luck maybe it will or maybe you just waste the money.
@@ParanormalEncyclopedia Well, that's for the client to decide. I've had clients who passed and those who failed. You never know what will work until you try.
GREAT VIDEO! I love it! yes, and i can think of another reason why NO one should submit to any polygraph test is>>>WHY? and just because in a case just very recently, the guy who i was paying an attorney
If you fail the poly, you throw it away. If you pass the poly, you can use it during negotiations. Remember, only 3 people who know about the poly, you, your lawyer, and the Polygrapher. All work is protected by the attorney work product privilege. This is a no brainer. You pass, you leverage it. If you fail, you shit can it. Simple.
I was interrogated years ago for breaking into vehicles. I had no idea what the hell they were talking about. They told me I may be required to take a polygraph. Then they said they had all this info about me and some gang ring I was running. It was so odd and I was young. I didn't have a clue and I sat in that mirror room for hours. I'm not sure how I could ever confess to something I never did or was even aware about. They didn't even tell me what I was being questioned for originally and these cops were so stupid that they didn't even know my mom was the owner of 1 of the vehicles broke into. In that vehicle they stole my wallet. My wallet was found in another vehicle which made me a suspect? But I reported my wallet stolen and had a hold on my social security because I card was in it. . I'm so glad cops are being brought down to reality now and recorded. I'm going to tell you so many things you're gonna think I'm lying. I'll gladly take a polygraph if you think I'm lying .
I'm not sure I understand your question, if there is one.
I think you should publish more videos, l am ready to learn more from you.
Thank you for your support and interest, Oscar! With a busy criminal defense law practice, a weekly video is about all I can manage. I am grateful my experience is helping you, in any case. Thanks again for watching and being a part of the Gustitis Law community!
@@GustitisLaw i have not receveid 1 weekly video. Let me check what hapen with my subscription
My current publishing schedule is on Wednesdays. :-)
Is there anything that would make the polygraph test no longer considered attorney client privilege? For instance, if the client told someone that his attorney made him take a polygraph?
Once ANY attorney/client privileged information is revealed to a third party, the privilege no longer applies to that information.
The other day I got arrested, just to make a long story short , those cops got my phone since I don't lock it , and turn on the part where it says , let your phone be control by another device . What can I do about it?
Make sure you are crystal clear with the police that you are not giving them consent to examine or search your phone. That way they will need to obtain a warrant, based on probable cause, to search it. Hire a qualified criminal defense attorney immediately to defend your case.
PLEASE FOR THE LUV OF GOD CAN YOU answer this question for my upcoming criminal case on
JUNE 29TH 2021
SHOULD I take a voluntary polygraph test administered by a private company he submit to the prosecution at my arraignment to persuade him not to go forward with the case
Please talk to your defense attorney. They are familiar with facts, I am not. I wish I could help, but I’m not qualified under these circumstances.
If you pass a private polygraph and prosecutor wants you to take there state polygraph is that an exception to NEVER taking prosecutor polygraph?
Maybe. What does your defense lawyer say about taking their polygraph?
@@GustitisLaw The criminal defence lawyer said it's in my best interest to take the public polygraph after I passed the private polygraph, but he did say they will probably fail me anyway that doesn't make sense. He says we give up nothing because will we go to trial. I don't see why this case can't be dismissed. Would you allow your clients to take a public polygraph after passing a private test that cost $500. ?
@@GustitisLaw Why no response?
I know this is not related but back in 2019 I was subject to a swat raid on my house for a “red flag law” the police did not allow me to get my glasses or shoes and it was a hot August day. They did not provide me with a copy of the warrant to search my house until the very end and did not provide me with a copy of the inventoried firearms until two days later. What are my rights in regards to the presentation of a warrant and the decency of allowing me to retrieve prescription eyeglasses as well as footwear?
These rights are used to protect you in the courtroom, not out on the street. You can't control the cop's behavior, but you can control yours. You need to discuss these issues with your defense attorney. That's what you pay them to do. Good luck.
What happen if I don’t take the polygraph they want me to take
Excellent question! I assume you are asking about the polygraph the COPS want you to take. If the cops are asking for a polygraph, they may have doubt about THEIR case against you. Don't resolve this doubt by failing a polygraph right in front of them. Instead, have your defense attorney hire your own expert to run the polygraph and see how it turns-out first.
Gustitis Law what about if I took a polygraph already with my lawyer and I passed and investigator still want me to take their polygraph
@@OKTATORADIO That's a very tactical and strategically decision to be made with the help of your lawyer. Since there are several advantages and disadvantages to this strategy, I'd be interested in what your defense lawyer thinks.
Gustitis Law lawyer but what will be the reason for them will want to take the polygraph
Maybe they don’t trust your hired Polygrapher. Have they seen your Polygrapher’s report on the test you passed?
Is it ethical for it attorney to submite u to a forensic analyst
It depends why they are doing it.
Im looking for some advice, I recently lost my husband in a house fire, I didn't live with him, he had his own life I have mine, we didn't have any problems. No one is telling me anything about what happened, I feel lost. I recently got questioned by a detective who tried to accuse me of having something to do with it, I volunteered for a polygraph, my family advised me against it, I want to prove my innocence, we talked to a attorney and he also advised me against it and not to speak to law again. What should I do?
First, I’m very sorry about the loss of your husband. I’m also sorry you have become the focus of the investigation. However, you must abide by the advice given you by your attorney. They know the law and evidence applicable to the case and they are in the best position to advise you. Keep your mouth absolutely shut! Good luck with this important case.
@@GustitisLaw Thank you very much for getting back to me, im just so confused with the way this is going, but the attorney seems like he knows what he's doing thank you again
@@apriljanis1620 Of course. I’m glad to help!
If you refuse a polygraph completely with no other evidence against you, what happens from there at that point?
If there is no evidence against you, then why are you taking a polygraph in the first place??
@@GustitisLaw i was suspected of being a part of a burglary crime that happened at my work when in reality i had no knowledge of it or the people involved
So they're suspecting me of knowing something and say the only way to clear my name is to take a polygraph
Just like I never would talk to the police why would I trust them with a polygraphic examiner that works with them because what they want is a conviction.
Actually, what the polygraph operator wants is a confession. Thanks for commenting.
I have a 2o year old case of stealing against me I have some questions about
Please see my response to your question in another video where you asked for help. Thanks so much.
What video
@@iamonebor This one. ruclips.net/video/pKXXgQ_3dbU/видео.html
Can I please have someone help me with some questions please.
If you are looking for legal advice, you'll need a lawyer to independently investigate the facts of your case before rendering any opinions.
At the very least you could face perjury charges.
Negative. Perjury means someone takes an oath to be truthful and then lies about a material fact. A polygraph is not taken under any oath. But what is said can still be used against the person, unless the polygraph operator is hired by the defendant.
@@GustitisLawI would have to agree with that. You're not in the courtroom or under oath. I do believe however it would be falsifying information. It is the police gathering evidence they could use towards a warrant or arrest. Anything you say or do will be used against you in a court of law. 😊
This is not a question about polygraphs. Occasionally in the media we hear of very nasty crime ( usually a child abduction/murder) where the authorities have some forensic evidence so they ask everyone in a neighborhood to voluntarily provide a DNA sample.
Assuming this happens and everyone provides a DNA sample for comparison in this investigation and your sample does not match the forensic evidence from this crime, once the authorities have your DNA sample are they allowed to:
1) keep the sample
2) go on a fishing expedition and use the sample to see if it matches any other evidence for a different crime
Once you voluntarily give the government your DNA, they have your DNA. State law may govern what happens to it after the investigation. But why give your sample in the first place?
3) Plant it somewhere.
Submit to a police polygraph? Would the police ever agree in writing that if the polygraph results do not prove you are lying they will immediately drop all charges against you and state that you are not guilty of the crime?
If not, taking the test would never be to your benefit.
The police would never do that. If they can still prove the crime, they are coming after you regardless.
@@GustitisLaw Which was my point. Taking a polygraph would not help you in any way.
But if your lawyer suggested their client would agree to it IF the police agree to the conditions I stated above and the police decline, then your lawyer could let the media know that the police themselves won't accept polygraph results they don't like because the police know the polygraph is not reliable
Other reasons... it could reveal embarrassing details of your life. It could incriminate you in other things the cops don't know...
Thanks for your contribution to this video.
im about to go take a polygraph test for my attorney here in a couple days. Im going to have to pay $1100.00 for it. Im blessed to have an Attorney who is working for me pro bono. Do you have any suggestions? I'm a nervous guy by nature, struggling with anxiety.
Just follow your lawyer's advice. Good luck and make sure you remain SILENT about the fact you are taking/took a polygraph examination. You don't want ANYONE to know about the polygraph until your lawyer decides what to do. Good luck.
Anyone doing Polygraph is committing crimes against humanity for bearing false witness with gadgets incapable of delivering what they promise, accuracy. Polygraph is a SCAM industry. They can use it to scare confessions out of suspects who believe they actually work. In other words, if you believe in polygraphs, chances are you’ll be scared and confess to what they’re trying to shake out of you. There is no Pinocchio 🤥 effect when a person lies. Your nose doesn’t grow if you lie. Using physiological responses such as pupil dilation, heart rate, pulse, breathing and sweating activity also do not have anything to do with corroborating truth or deception as the Polygraph Industry would have you believe. I took a polygraph once to settle a trust issue and was told I “failed miserably” even though I was being 100% truthful and should’ve passed with flying colors. The U.S. Supreme Court has already ruled, that the polygraph is as reliable as the “toss of a coin”. Had I known how flawed the polygraph industry is, and their operators being narcissistic POS, I never would’ve subjected myself to it. It was my idea to hire a polygraph examiner, not the other party. Since then, I have learned about the Supreme Court’s decision on banning their use to being admissible in courts of law, due to their extremely poor results. Also, I learned of these two resources available on RUclips here, one is Doug Williams Polygraph (a former Oklahoma Detective/polygraph examiner and now a crusader against their use), and the other is a 60 Minutes television episode taped around 1986. The 60 Minutes episode has Diane Sawyer and her undercover investigative team exposing the polygraph industry for being complete frauds. The episode is called “Truth and Consequences”..
@@marck8899 But I’ve used polygraphs to get my clients out of trouble. How do you explain that positive result? Thanks for leaving a comment?
@@GustitisLaw “The toss of a coin”, that’s how I would explain it. As a matter of fact, had I “passed” my two test as I expected to, I would not have been made aware and awoke to what a crock of BS the Polygraph is. I wasn’t even nervous when taking my test, I was looking forward to some redemption with the other party I was trying to prove myself too. Had I “passed”, I would have continued to have been as naive as when I first sought out to hire the examiner (a retired police detective) and of course, not on here crusading against these , as Doug Williams (retired Oklahoma police detective and anti-Polygraph crusader) calls them, the last Orwellian vestiges of witchcraft.
@@marck8899 I appreciate you sharing you experiences here on my Channel. I wish you better luck in the future!
Every polygraph involves talking to the police. Every lawyer worth his salt knows that this is always a bad idea.
Wrong. I hire polygraphers all the time. My clients NEVER talk to the police as a result. I'm afraid you are misinformed. Thanks for commenting.
@@GustitisLawI think what he means is taking a polygraph administered by the police would involve talking to the police. Not that taking a polygraph in of itself is a bad idea. I could be wrong but I think he meant any lawyer worth his salt knows it's a bad idea taking a polygraph coming from police
I know the answer,,,, How about NO,,,,,,,
Not a bad comment. Thanks.
@@GustitisLawThank you Mr.Gustitis.
Why do police officers and law enforcement in general have the right to lie and we the "people" dont?
They don’t. But the police have biases. It’s the lawyer’s job to discredit the officer’s testimony.
@@GustitisLaw
Great, thank you!!