Legal Question in Criminal Law in New Jersey

Polygraph Examinations offerd by the government

You have a 5th amendment rifht to remain silent. So you can not be forced to submit to a polygraph. If you do take the test usually the questions, your answers and statements made during the pretest examination can be introduced into evidence against you. The results can not. When my clients are faced with this choice I will hire my own expert to polygragh my client first.Make sure you know the questions first. If he/she passes the test I will agree to the test . if not I won't let the client be tested.

Should I submit to a polygraph

Before deciding whether to submit to a polygraphexamination by the government, it is advisableto get your own polygraph examination from aprivate polygrapher. Look in the Yellow Pages(R) or consult with an attorney who practicescriminal law.

If you have any physical problems at all, youshould not even think about submitting to apolygraph. If you have a twitch or asthma orback pain or any condition which prevents youfrom sitting still in a hard chair and breathingregularly for half an hour or more, you shouldnot submit to a polygraphic examination offeredby the government.

If you get your own polygraph, first, (a) youwill have firsthand experience with the methodand the physical constraints involved and (b)you will have an idea how you will respond ifyou decide to take the government up on its offer.

I had a client fail a polygraph because of apnea:he would take short breaths for several minutesthen a deep breath. The government polygraphersaid he was trying to defeat the polygraphby breathing irregularly because he committedthe offense with which he was charged.

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Not advisable to submit to one without having your own done first

As the other two replies have stated there is too much risk to sit for a polygraph for the government before ascertaining how well you do on one you order and pay for.

The results depend entirely on your performance. I suggest you hire an attorney now, at this stage of the investigation/accusation, for some serious errors may be made without one.

Remember what the prosecutor's goal is!

The prosecutor's goal is NOT to prove your innocence, but to get a conviction. If s/he thinks s/he can get one from you, then s/he is going to do what it takes to get it. S/he is NOT going to waste time polygraphing you unless you are under suspicion already, right?! So, go hire yourself a lawyer, take the advice given above and do a private polygraph yourself. Of course, you need to know what the questions are likely to be, which presents a problem since you haven't been charged with anything [yet], but your atty can help you sort that out. There is absolutely NO reason to volunarily take a polygraph "offered" by the government without taking precautions to protect yourself first just like you would if you had been charged already. You give up your "right" to silence extremely easily these days: don't fall for the trap of a "voluntary" statement by way of polygraph. It will NOT end there.