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We blog about relevant issues in criminal defense law, discuss the misconceptions surrounding criminal defense law, and provide readers with helpful criminal defense information and resources.


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Tuesday, January 22, 2013

The Benefits Of A Polygraph Test

A polygraph is an instrument that is designed to measure changes in physiological reactions, such as blood pressure, pulse, and the rate of sweating or breathing. The use of this machine is controversial. Even though they are not admissible in Massachusetts court rooms, this does not mean that the polygraph machine does not serve other purposes for Law Enforcement Officers and Criminal Defense Attorneys.

Although these test results are not 100 percent conclusive, there are occasions when it can be beneficial to submit to a test:
  • The passing of a private polygraph test could force the Prosecution to take a closer look at their case. This could result in a plea bargain, a sentencing agreement, or dismissal of a charge or charges. 
  • In some circumstances, the passing of a polygraph could result in the Prosecution cooperating with the Defendant while seeking out a criminal case against other individuals. 
  • Oftentimes, there are multiple Co-Defendants in a case and Prosecutors are unsure whether a particular Co-Defendant had any culpability in committing the alleged crime and therefore the Co-Defendant gets charged with a crime out of caution. However, a successful polygraph test may make the Prosecution focus their efforts elsewhere. 
  • In the instance where a juvenile is facing expulsion from school for a matter that occurred on school property, often times the only witnesses are other minors. You may carry some leeway in the eyes of the school board in preventing the expulsion if the polygraph results are favorable to your child. 
Please understand that the above-referenced examples are just a few examples of when taking a polygraph test may help a suspect’s situation. The decision to take a polygraph test is made on an individual basis and you should consult an experienced Criminal Defense Attorney before ever making such a decision.

While there are a great deal of myths surrounding ways to cheat a test, such as taking drugs to reduce blood pressure or anxiety, applying antiperspirant all over one's body, controlling breathing, etc. These tactics are detectable to a trained polygraph examiner and you may hurt your case by attempting to defraud the justice system. Additionally, even when an accused is absolutely positive that he or she is innocent of a crime, oftentimes Experienced Criminal Defense Attorneys counsel against taking a polygraph. There are numerous reasons why an innocent person may fail a polygraph test.

Never submit to a police administered, or any, polygraph test before consulting with an Experienced Criminal Defense Attorney. While the actual test results are not admissible in court, your answers to questions are. Even if you "pass" the test, there is always a risk of your answers being taken out of context and used against you. If you are facing criminal charges and have been asked to take a polygraph, immediately contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200.


Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.comWebsites:
http://www.northofbostonlaw.com/

http://www.massdefense.com/
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