Will Polygraph Evidence Be Used in Your Criminal Case?

Facing criminal charges is always overwhelming and stressful, especially when you do not know what to expect. Having to navigate the criminal justice system can be a daunting task without the assistance of a skilled lawyer. One question that may arise during your case is whether polygraph evidence will be used against you.

If you have been charged with a crime, you might want to consider hiring a criminal defense lawyer to represent you. At Hawkins Spizman Trial Lawyers, our Alpharetta criminal defense lawyers help clients build a compelling defense and find weaknesses in the prosecution’s case.

What Is Polygraph Evidence?

Polygraph evidence, also known as lie detector test evidence, is evidence that is obtained through the use of a polygraph machine. This machine measures physiological responses such as heart rate, blood pressure, and respiration in response to questions asked during the test. The results are then interpreted by an examiner to determine if the person being tested is telling the truth or lying.

Is Polygraph Evidence Admissible in Georgia Courts?

The short answer is no. Georgia courts typically do not allow polygraph evidence to be introduced during a criminal trial. The reasons are twofold. First, the scientific validity of polygraph tests is still a matter of debate among experts. Second, courts have determined that the introduction of polygraph evidence can be prejudicial to a defendant, according to the U.S. Department of Justice.

However, there are certain circumstances under which polygraph evidence can be used. For example, if both parties agree that the results of the polygraph test can be used, polygraph evidence may be admissible in Georgia courts.

When Is Polygraph Evidence Used in Criminal Cases?

Although polygraph evidence is generally not admissible in trial, it can still be used in other ways in criminal cases. For example, a prosecutor may use the results to decide whether to file charges or in plea negotiations. Additionally, a defendant may be asked to submit to a polygraph test as a condition of bail or probation.

Why You Should Consult with a Lawyer Before Agreeing to Take a Polygraph Test

If you are facing criminal charges and are asked to take a polygraph test, you should speak with a criminal defense lawyer immediately. While it may seem like taking a polygraph test is a good way to prove your innocence, there are many reasons why agreeing to a test could be detrimental to your case.

For example, even if the test results are not admissible in court, they could still be used against you in other ways. They may be shared with law enforcement agencies or used to influence the prosecutor’s decision to file charges or to offer a plea deal.

Charged with a Crime? Contact Hawkins Spizman Trial Lawyers

If you are facing criminal charges and are asked to take a polygraph test, it is critical that you consult with an experienced lawyer before agreeing to do so. While the use of polygraph evidence in Georgia courts is generally not allowed, the results of the test can still be used against you in other ways.

Our lawyers at Hawkins Spizman Trial Lawyers can advise you on your rights and help you navigate the criminal justice system to ensure the best possible outcome for your case. We advocate for the rights and freedom of clients in Alpharetta, Sandy Springs, Dunwoody, Johns Creek, and Atlanta, as well as Gwinnett County, Cobb County, and Fulton County. Call 770-685-6400 today to set up a free case review.

Source:

justice.gov/archives/jm/criminal-resource-manual-262-polygraphs-introduction-trial