Polygraph examinations are powerful instruments for the lawyer in the defence. Despite this, any criminal defense attorney who allows a client to submit to a polygraph administered by the police polygrapher is bordering on misuse. Only polygraph examinations administered by an expert hired by the defence team should be submitted to clients. In this way, the attorney / client privilege protects the findings (good or bad) and the investigator. That means that the testing remains a secret, and the results can not be used against the interests of the client. Why should we have our client submitted to a polygraph with that said? Well, sometimes when they fail the test it’s good. Checkout Toland Law, LLC.
Client regulation is a concern regularly, often for the most seasoned attorneys in the criminal defense. Many of my clients remain unmanageable, or at least impossible to handle after nearly 20 years of criminal law practice. Yet I’ve learned some good monitoring strategies over the years. Another of these is the evaluation of the lie detector or the analysis of the polygraph.
Often the customers fail to face reality. That is, truth in the form of uncontroversial facts, admissions, physical evidence, the like. Defendants draw on this information to make plea bargain deals. But the recalcitrant client always ignores this fact and insists on an action plan which leads to eventual failure. Most times, given a mountain of contrary evidence, the client insists upon a presumption of innocence.
Now the polygrapher arrives. From the point of view of the customer … An expert on neutrality. The client knows the investigator is there only to gather evidence. The client realizes that the investigator isn’t his representative, doesn’t bargain with him and doesn’t care if he says the truth. But the customer also knows if he was untruthful, there is a good chance that he will now be discovered. Once it has been discovered, the client knows that he will have to face reality.
I ‘m amazed how simple they are when a person fails a polygraph. The family of the company is feeling better too. (Supposing we want to warn them) That’s because their loved-one allegations have now been investigated in full. Their claims for defense were granted their proper due. The defendant is now in a stronger mood for evaluating plea bargains, legal tactics, etc. I do not imply, by any means, that we roll over to the prosecutor. But the client at least has a reasonable grip on their situation, and can make better , more informed decisions. This is how a prosecutor at the College Station uses a polygraph to monitor clients.
Is your customer out of reach, then? Consider putting a polygraph on them. When they move, awesome! Now he hit the prosecutor with it over the head. If they fail, then don’t even worry. Sometimes we need the polygraph to help customers confront reality.