Legal Question in Criminal Law in Michigan

Failing a lie detector test

Two cars were set on fire in a drive way of a kid that my son has had trouble with and he told police that the only one he knows that could of done it was my son. The police came to my house and ask questions and at the time it happened my son was a sleep on the couch. But they ask him to take a lie detector test and he aggreed because he knew he didnt do it and we knew he was asleep. So after working a midnight they had him come in and keep him for 4 hours and

scared my son to death by trying to make him admit he done it and told him he is going to jail for 20 years. They said he failed the test. what if any thing can I do?


Asked on 9/30/03, 8:04 pm

1 Answer from Attorneys
James B. Mitchell , Jr. James B. Mitchell , Jr.

Re: Failing a lie detector test

You should get your son a good criminal defense attorney immediately, and tell your son to refuse to be questioned any more by law enforcement. It appears your son may be charged with the crime, because most law enforcement believe in the lie detector. The lie detector, however, is not admissible in a trial so your son cannot be convicted based upon the failing of the test. If, however, the police questioned him independently of the lie detector and he made an admission, that admission can be used in trial unless the attorney can successfully argue it must be suppressed because the questioning violated your son's constitutional rights. That is often hard to do, but I do not know the details to give an opinion. A conviction must be based upon some hard evidence - an admission, fingerprints, a witness seeing your son nearby carrying a gas can, etc.

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Answered on 9/30/03, 8:12 pm


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