Legal Question in Criminal Law in New York

Reply: lie detector test

NO! Unless it is part of your job requirements. If it is for any type of criminal investigation, you NEVER have to take one and NEVER should. They are unreliable and the police use them primarily to coerce people into "confessing."

It does NOT matter whether or not you "agreed" to take one - you still do not have to do so. You ALWAYS have the right to both talk to and have with you, an attorney - preferably one who is an experienced criminal law practitioner. Your lawyer should tell the police that (a) they are representing you - to keep the police from hounding you; and (b) that you will not agree to any polygraphs, voice analysis or whatever.

Please call me if you have any specific questions. E-mails are not secure and are easily monitored by police and law enforcement agencies.

Don Rehkopf

(585) 454-2000 X 12

Re: lie detector test

You do not have to take a lie detector test, even if you already agreed to do so, unless it is part of a job requirement (usually involving federal security clearances).

As former federal and state prosecutor, I can tell you that the police know that lie detector tests are not admissible in court, even if you pass. Generally, the police ask people to take the test to see what there reaction to being asked is.

Assuming that you have been asked by the police (and you already agreed), you should do nothing further without speaking to a criminal defense attorney who can advise you if you have any exposure to a criminal prosecution. If you want to discuss your options, please feel free to call me at 212-622-7180.

Re: lie detector test

In a criminal law context, one does not ever have to take a polygraph (lie detector).

Law enforcement use this as a tool to garner confessions because they know it is not admissible in court. There are some polygraphers who swear that the science of polygraph is accurate but few if any of these will go to bat for an accused who passes a polygraph.

If a person insists on taking a polygraph, I believe it would be wise to have counsel present, to review the questions before the polygraph, and to insist that there will not be any post-test interrogation. Moreover, it should be noted that while the results of the polygraph are not admissible at trial, the statements obtained therein can be used against an accused.

If you have any questions about how a polygraph works and how the police use it to gain confessions, feel free to call me at 646-209-8213.

Good Luck.

Steven Brand, Esq.

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.

Steven Brand