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Since 1981, Truth Detection Laboratories has provided polygraph testing for law enforcement agencies, private parties and law firms. TDL welcomes your questions concerning polygraph testing and its potential use as an investigative tool. Call us for a confidential, no-obligation consultation to help you decide whether polygraph testing is an appropriate solution to your particular situation. For over 70 years, polygraph testing has been used by law enforcement entities and government agencies as an investigation tool. "The most valuable aspect of polygraph testing is its ability to help exonerate the innocent person who is surrounded by circumstantial evidence."We Can Help With:
Defense lawyers use "private polygraph tests" to exonerate clients A private polygraph test is when a person hires a polygrapher and voluntarily takes a lie detector test in order to demonstrate that he or she is being truthful about a matter. This is frequently done in criminal cases to exonerate a defendant. The examiner asks subjects whether they committed the crime. If they answer no and the test indicates truthfulness, these results can be given to the prosecutor in the hopes of getting the case dismissed. If the polygraph indicates the subject is being untruthful, then the test and the results are kept secret. A lie detector test and a polygraph test are the same thing. A polygraph is an electrical device that measures biological changes in people when they answer questions. These changes can indicate when someone is being deceptive. Studies have shown that lie detector tests are not reliable all of the time. Because of this, test results are not admissible as evidence in a jury trial. This is unless the prosecutor and the defense attorney both agree to have the results admitted. It might be strategic for a defendant to take a private polygraph in three situations. These are when it is used to:
Note that a defendant can take a private polygraph test even if he/she is in jail. In this scenario, the defendant’s attorney would need to:
Trained polygraph examiners administer lie detector tests for a fee. The typical cost is between $200 and $2,000. Our California criminal defense attorneys will discuss the following in this article: A private polygraph test is when a private polygraph examiner conducts a lie detector test. 1. When is a private polygraph a good defense strategy?A private polygraph test is a good defense strategy in three situations. These are when it is used to:
1.1. Dismissal of chargesThis strategy requires that a defendant take a private polygraph test early in a case. Often, it gets taken during the pretrial process or even before charges are filed. If the test results indicate the accused is telling the truth about not committing a crime, then:
Here, the prosecutor may find the results compelling and agree to dismiss any charges in the case. Prosecutors generally do not want to pursue charges against a person they have reason to believe is factually innocent. If no dismissal, the prosecutor may decide to reduce a charge to a lesser offense. 1.2. Persuade a prosecutorThere are times when:
In this situation, it is an effective strategy for the defense attorney to:
The prosecutors may have more confidence in their own polygrapher. If both the defense and the state’s polygraphers agree that the defendant is being truthful, the prosecutor is more likely to defer to the tests and dismiss the case. 1 1.3. Plea bargainThere are times when a defendant:
In this event, the defendant may want to think about entering into a plea bargain. This means to plead guilty or no contest to the crime charged or to a reduced charge. This strategy avoids the risk of:
2. If a defendant fails the test, will the results go to the authorities?If an accused fails a private polygraph test, the results do not have to go to the:
The defense attorney can simply never come forward with the fact that a polygraph was ever administered. This is what makes a private polygraph “private.” The law says that the results of a polygraph test can only be used as evidence if the prosecution and the defense agree that this is okay. 3. If the defendant passes the test, can that be used as evidence in court?The law says that the results of a polygraph test can only be introduced as evidence at trial if:
The same rules apply to the following pieces of information:
4. What if the defendant is in jail?A defendant can take a private polygraph test even if he/she is in jail. In this scenario, the defendant’s attorney would need to:
5. Does a defendant have the right to present lie detector results as exculpatory evidence?A defendant does not have a constitutional right to present lie detector results as exculpatory evidence.4 Note two things:
Despite the above, the Supreme Court has ruled that an accused does not have a constitutional right to introduce lie detector results into evidence.6 This is true even if the findings of the examination suggest the accused did not commit the crime in question. The reason for the rule is that this type of evidence is not 100% reliable. 6. How does a polygraph test work?A polygraph test is normally conducted in a room with only the examiner and defendant present. The test typically begins with the examiner asking the accused questions while he/she is not connected to the polygraph machine. The examiner then connects the machine and asks additional questions. As the questions are answered, the machine records physiological changes in the accused. These include changes in the person’s:
The examiner analyzes these changes as questions get answered. The idea behind these tests is that:
For example, signs that a person is lying may include:
Note that a polygraph test does not measure whether a person is lying. Rather, it measures the signs that suggest that a person is lying. 7. How much does a private polygraph test cost?Trained polygraph examiners administer lie detector tests for a fee. The typical cost is between $200 and $2,000. The specific cost usually increases with the length of the test. This means an all-day test will be on the high end of the cost range. A typical two-hour exam is generally $200-$800. For additional help…Contact us for additional help. For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group. Legal References:How much is a real polygraph test?The typical cost is between $200 and $2,000. The specific cost usually increases with the length of the test. This means an all-day test will be on the high end of the cost range. A typical two-hour exam is generally $200-$800.
How much does a lie detector test cost in Arizona?Typical costs: Lie detector tests conducted by certified professionals typically cost $200-$2,000.
Can civilians take a lie detector test?There are numerous companies and private practices around the world that conduct polygraph exams for private clients.
How accurate are polygraph tests?There have been several reviews of polygraph accuracy. They suggest that polygraphs are accurate between 80% and 90% of the time. This means polygraphs are far from foolproof, but better than the average person's ability to spot lies, which research suggests they can do around 55% of the time.
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