Legal Question in Military Law in Colorado

Re: Accused of Rape

I would be very careful about taking a polygraph. First of all, they are not admissible at trial. Thus, they are usually used as a means of questioning the suspect and trying to get him to say somthing which the can use against him. If they do not have any evidence against him, he should make sure not to say anything or to give them anything which they could use. Normally, I do not allow my clients to take a polygraph like that. However, there may be some exceptions if they are willing to drop the charges. If necessry, I would suggest that he take a private polygraph set up by his lawyer. If he passes it, that fact can be given to the prosecutors. If he does not pass, do not reveal anything and everything should be covered by the attorney client priviledge. Be careful and have him closely consult with his attorney about whether to take such a test or not.

I hope this has helped. Please feel free to contact me directly if you have any further questions.

Re: Accused of Rape

I would beware polygraphs.

In my experience they are often used as an interrogation tool. I never recommend a polygraph unless it's arranged and set up through the defense counsel.

It's ALWAYS better for them not to have a statement from him. Even though he might deny involvement, I've seen them take and twist something said to harm the client.

Generally not a good idea at this time. There are too many issues, and I do MANY of these types of cases for him to put anything in writing or oral at this time.

Later, if there's some move to prosecute, then there are alternatives.

Re: Accused of Rape

If your friend has a lawyer, he should listen to that lawyer and take his lawyer's advice. If I were advising you in this situation, I would tell you not to take it. It is usually a ploy by the investigators to get incriminating statements.