South Florida Criminal Attorneys Blog
If you have watched any crime show, you are probably familiar with polygraph exams. However, they are nearly never used in court cases, especially in Florida. Florida law is clear that a polygraph is never admissible in court because it has not been shown to pass scientific standards to be proven reliable. The State can possess a polygraph you have given in your case, but it cannot and will not be used against you at trial or hearing.
The Supreme Court commented that there is no reliable scientific evidence about the accuracy of polygraph exams. However, the Supreme Court has not forbidden it.
Did you know a polygraph exam can be used against you by law enforcement during interrogation? Even if you “passed” the polygraph, law enforcement can lie and say that you failed and you might as well confess or tell them the “truth”. Although this is dishonest and deceiving, it is allowed under Florida case law. In the end, the best thing to do is not take a polygraph. If you fail it, law enforcement can confront you about your lies; if you pass it, law enforcement may say you lied anyway. Some think that taking a polygraph is a way to convince law enforcement that you are innocent, but police often use it as a way to get a confession.
If you and your attorney decide that you should take a polygraph exam, it is important to select the right polygraph examiner. Polygraph examiners who are former federal agents will have much more weight with prosecutors than a person who has a certificate to perform the test but no law enforcement experience.
If you have any questions about your case or other legal advice, we are here to help. Contact Michael B. Cohen today for a free consultation and let us fight for your freedom.