Should I cancel a polygraph test?

Question

I was falsely accused of a crime so when they asked me to do a lie detector test I agreed. After reading up on it I now think it's a bad idea, but if I cancel will there be legal repercussions?

Jules N. Fiani · Answer

Yes.

Jacob P. Sartz · Answer

I would recommend privately consulting with an attorney if you need  specific legal advice for your particular circumstances. Most attorneys  provide free initial consultations. This answer does not contain  specific legal advice.   Speaking generally, polygraphs are very risky for alleged defendants in criminal cases. The results are usually not admissible in court. There are notable issues with accuracy. However, this exclusion may be waived if the alleged defendant is volunteering to take one with the prosecutor's office. In some limited circumstances, they be very valuable. However, preferably, it is better to perform a private one and examining those results prior to agreeing to take one with the prosecutor's office. Nobody should contemplate taking a lie detector or polygraph test unless they have been privately fully advised of all the inherent risks.

Riana Durrett · Answer

In Nevada, the results of a lie detector test are typically inadmissible in court in family and criminal cases, unless the parties agree that it can be admitted as evidence.   Obviously there are many factors in any case that affect whether a lie detector test is beneficial or detrimental.

Jared Altman · Answer

No. No repercussion. Why don't you have your own polygraph done and then give them the results if it turns out okay?

Stephen Freeborn · Answer

A polygraph test is inadmissible in court, however it could lead to some information that might be used against you.  Remember, anything you say can and will be used against you.  You say nothing about the crime to which you have been accused.  I would recommend canceling the polygraph test until you have consulted with an attorney and only then make a determination about whether or not to submit to such a test.

Mark R. Thiessen · Answer

Why are you taking it?  Per your counsel's request?  Then do not cancel.  If it's for the Court, then you need to hire counsel immediately and let them get you out of it.

Peter Duarte · Answer

Never take an lie detector test as these are unreliable and not admissible in court. The cops use them to get you to talk more about the case. Do not do it. Consult with a criminal defense attorney.

Jeffery Cojocar · Answer

No, cancel it unless you do a private one first.

Jason Savela · Answer

The lie detector should not be done without an attorney representing you.  There are no legal consequences.  You do not have to talk to the police at all, but if you do, all you should say is, "I want a lawyer and until I talk with one, I do not want to talk with you."  If this is a sex case, talk to no one except an excellent criminal defense attorney.  Until you have spoken with one, do nothing else.  Sex cases are life sentence eligible.  Beware of the pre-text phone call from the so-called victim.  This is a police directed, recorded phone call designed to get you to admit to facts they cannot prove.  Hang up, and call an attorney.

Leonard Harden · Answer

I almost always advise clients to refuse to take a polygraph test administered by the state.  You cannot be penalized for changing your mind. The only thing that may happen is you could be charged and if you take test you could be charged as well.  I do not trust the police polygrapher examiners.  The state will often use polygraph to interrogate a client and attempt to get admissions and confessions.

Steven D. Dunnings · Answer

The only reason I would have a client take a polygraph is if I had one preformed on him by my own person and the client passed.

Craig Elhart · Answer

If you take the test and fail there will be problems.  Remember, the polygraph examiner is also highly trained in the art of questioning.  Many people who submit to a state police polygraph find themselves admitting to the crime during the course of the examination or afterwards.  As a general rule, don't submit to a polygraph exam without first consulting with an attorney.

Michael L. Aaronson · Answer

Yes you can cancel. The fact that you canceled or refused will not be admissible in front of the jury.

Raymond Dague · Answer

Lie detector tests are inadmissible in court but are a great way for the cops to try to tell you that "you lied" so as to get you to change their your story, and to get you to incriminate yourself.  My usual advice is to cancel the lie detector test, since it usually does no good to someone suspected of a crime.  If they had grounds to charge you with a crime, they would already have done so.  If not, you have everything to loose and nothing to gain by taking a lie detector test when accused of a crime.

Samuel H. Harrison · Answer

YES, YES, YES!!!! Cancel the polygraph NOW! The only legal "repercussions" will be that you avoided incriminating yourself.

Jared Austin · Answer

It depends on who is administering the test and what purpose you are having one taken for. Have there been any agreements about the admissibility of the results? I would not take one until consulting with an attorney first. There can sometimes be strategic reasons for taking a polygraph, but not usually.

Dennis Roberts · Answer

who wants you to take a poly - the cops or some private person you ripped off?  Whatever. DO NOT TAKE IT. They are notoriously inaccurate.

Joseph Dane · Answer

Polygraphs are inadmissible in court. So is the fact that you took one or declined one.   Talk to your lawyer before saying another word to the police.

Eric Chandler · Answer

You should contact an attorney.  In most cases I advise my clients to refuse the polygraph and keep quiet.  The good news is the polygraph is inadmissible at trial; however, if your results are bad law enforcement may pursue you more ruthlessly.

Kathryn Hudson · Answer

It would be money well spent to retain an attorney to get between you and the accusers. If the accuser is your employer and having to submit to a polygraph is a requirement in your employment contract you can still refuse but that might be grounds for termination. Polygraph tests are not admissible as evidence of guilt for a reason, they can be very unreliable so you are wise to not consent if you feel uneasy.

Daniel Kieth Martin · Answer

Definitely, cancel the polygraph right now!  Polygraphs are not very accurate. You may be nervous during the test or there might be something wrong with the equipment.  Contact them and tell them that you changed your mind because an attorney advised you not to take the test. Polygraphs are not admissible, however the judge and the District Attorney will learn about the results. (Even if they are not accurate. There are some exceptions, but for 99% of the cases taking a polygraph is not a good idea.)  I hope everything works out for you.

Theodore W. Robinson · Answer

While there may not be any legal repercussions, the fact that you already  consented and then withdrew your consent gives rise to the inference that you  are no longer willing to agreebecause you have something to hide. Speak to  your attorney about the entire matter. My experience has been excellent with  polygraphs in the past. Good luck.

James Edward Smith · Answer

Although polygraph results are not admissible at trial, sometimes the police arrest suspects who won't take a polygraph, especially after saying they will.

Kevin O'Grady · Answer

Generally a polygraph is only useful as an interrogator's tool.  Seldom can taking one benefit a person.  You should hire an attorney because if you take the polygraph they will use it against you and you decline to go, they may step up other interrogation techniques.    T

Maureen Baldwin · Answer

You need an attorney to give you case-specific advice. I dont know what you are charged with. It will likely be noted in the police report that you agreed to a polygraph and then canceled it, if that is what you do but that is not against the law. You have the right to remain silent. Anything you say to the police WILL be used against you. An attorney would be good at this exact time so the attorney can cancel the lie detector. Attorneys NEVER let the police do lie detector tests. If you reallywant to do apolygraph test, your attorney would set up something confiedential and not with the police but with a certified polygraph operatorand only tell the prosecutor if you pass.

Michael J. Breczinski · Answer

No there will not be any repercusions, but you should talk to your attorney about the pros and cons of polygraphs.

Carina Laguzzi · Answer

Hire an experienced criminal defense attorney immediately!  Do NOT go to   talk to the police, give a statement or a polygraph without consulting with   and hiring an attorney.  If necessary, you can always take it later.

Harley Gutin · Answer

You should always meet with a lawyer prior to taking a polygraph test and prior to talking to any law enforcement.

Cynthia Henley · Answer

The lawyer needs to evaluate the situation and determine whether you should take the polygraph. I understand you say it is a false allegation but there is an allegation. If it involves a claim of a sexual assault of a child (which is often when polygraphs come into play), they intend to not only give you the polygraph but to interview you and try to get you to confess and to make statements that may later come back to haunt you. This could apply in other types of allegations, too. Lawyer up first.

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