The following was found on Twitter. It was posted by Doug Gladden @DougtheLawyer on 12/13/22. His profile lists him as a criminal defense lawyer and the managing attorney at @BarbieriLaw. It states that he is Texas board certified in criminal appellate law and is licensed in Texas and Georgia.
We very much appreciate the advice he shared with the public.
This is your periodic reminder to never take a police polygraph. Let’s talk about why.
If a police detective is suggesting that you take a polygraph, that means you’re a suspect. A suspect should never talk to the police. A polygraph is a free opportunity for the police to talk to you. The detective knows that the results of the polygraph aren’t admissible in court. But he also knows that anything you say before and after the polygraph is.
A police polygraph examiner is trained to ask you questions before and after the exam that will elicit admissible, voluntary statements that can be used against you in court. Simply put, the detective wants you to take a polygraph because the detective wants to talk to you. Don’t give him that opportunity.
“But the detective says I can take the polygraph and clear my name.”
Don’t fall for that. If by some miracle you “pass” the polygraph, the detective isn’t going to close the case and clear you. He’s going to file it using all of the other evidence that he has against you. And if you “fail” the polygraph, the detective will file the case against you and include the failure in his arrest warrant affidavit. Because the detective knows that even though the result isn’t admissible in court it can be used to establish probable cause.
In short if you take a polygraph and pass you’ll get arrested. If you take a polygraph and fail you’ll get arrested. Any statements you make before and after the polygraph can be used against you.
There is no good reason ever to take a police polygraph. Just don’t do it.