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The seven Golden Rules for an Attorney to decide to use Polygraph

1.      An offer from the prosecutor that states their intent to cease prosecution if your client passes a polygraph examination. This is a good indication that they are searching for a way to dispose of a weak case.

2.      If the prosecution or the police ask you or your client to take a polygraph test. This is another indication of a weak case. However, it could become stronger or they could bolster their position with a lot of circumstantial evidence. Never send this client into such a test like a lamb to the slaughter because even though the test would be inadmissible, your client could make incriminating statements that would be admissible. Get a test done by a competent private polygraph examiner. He will tell you whether to allow such testing.

3.      When you have a guilty defendant, do not always count out the use of a polygraph. Many times the prosecutor has a good case but they want to ensure the conviction. They will be looking for a kicker, so to speak, for their case. What if your client is charged with capital murder, but he wasn’t the shooter, or maybe he was just the lookout or something of a lesser degree of participation? Have a private polygraph examiner test the client on his lesser involvement. If you get favorable results and you approach the prosecutor with the results and if it jives with what they already know your client may see the light of day before he dies. It’s according to how valuable he is, he may even get some kind of plea where he serves a brief sentence or even probation.

4.      What if a parent comes to you with their child who has had a problem at school that may have resulted in a suspension or expulsion? This is another opportunity for a polygraph.

5.      Another very frequent use of polygraph is in relationships between couples. If your client suspects his wife is cheating, advise him to get her polygraphed. Even if she is guilty, she may confess to something that will enhance your client’s position.

6.      If you have a business client who has found that he has employees who are stealing. He needs to know how pervasive his problems are. These employees can legally be tested, not all the employees but those who could be doing the same thing. Under the Employee Polygraph Protection Act, if you have a professional polygraph examiner who follows all the rules of this law, the testing is legal.

7.      What if your client has been accused of sexual harassment? Polygraph is a very good tool in these situations.  

The use of polygraphs by Attorneys is endless and is an invaluable tool that can be used to assist in many legal situations. These are just some food for thought for an attorney who is truly searching for the best way to help their client. The cost of polygraph testing is shouldered entirely by your client. Even those who appear to be without resources to afford a test will find relatives or friends who will help them find the funds

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