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[Music] hi guys my name is katie i am a criminal defense attorney a former federal prosecutor and i'm here today because i want to talk about a topic that i've covered in some of my other videos and it is about talking to the police it's one of the most popular topics and people really need to know how to navigate these situations if god forbid you're ever in one of those positions so in today's video i wanted to talk about another specific topic that comes up during interrogations and that is polygraph exams so we all know what a polygraph is it's pretty popularized in the media lie detector tests we all heard of them and in criminal cases a lot of people on the you know lay side the non-professional side think that they play a really big role in how these cases get resolved so is that true and should you take a lie detector test what if you fail it what if you pass it how does this all work so let's get started so my advice and any defense counsel's default default advice is going to be that you are not going to consent to a polygraph no matter what especially a polygraph that is administered by the law enforcement agency or some contractor that they're working with and there's a lot of reasons for that i'm actually going to tell you a couple of horror stories i guess if you will of some of my own clients and how they got into a position because of a polygraph so the number one piece of the polygraph rule is no i don't want to take a polygraph why again we have to know why we're not just going to blindly tell them no what if we took it and we passed and our case went away what if i'll never know how this could have ended okay so let's talk about it number one should you take it no why well what if you fail well that's not going to be good maybe you fail because you're lying maybe you fail because the test is faulty maybe you fail because it's very ambiguous these tests are historically unreliable there's been many studies done regarding the reliability with regard to race with regard to background with regard to lots of different factors and there is some evidence that they are not reliable instruments to detect deception accurately so that's kind of the obvious reason is you don't take it because god what if you fail that's not gonna look good so that's number one number two though what if you pass what if you pass no deception detected thank you sir ma'am sorry for bothering you you can go on your way not so fast so we have clients all the time offered to take polygraph examinations um sometimes unfortunately clients already have talked to law enforcement and taken a polygraph before they ever contacted us so we can't do much about it except on the tail end which i'll talk about but really even if you pass a polygraph there is no obligation for the government to get rid of your case and throw it out in fact you can't even present it at a trial if you ever even get there so if you pass well good for you i guess but they're not going to do anything so it's a lose-lose you lose if you fail you lose if you pass or if you gain nothing i guess you could say but that's really all that could happen here and if you lose don't don't worry about it you will that will be used against you that will be used against you if you pass that will not be used for you think about that so unfortunately that's kind of the state of affairs with polygraphs and i told you i would tell you a couple of war stories um about some clients that have had polygraph gone wrong situations one of my clients and i'll kind of keep this general even though these are public cases and theoretically you could look it up i'll keep it pretty general you won't be able to figure out who i'm talking about but it's good to know about these situations i have had many clients and this is the technique of law enforcement to you know get called in question they agree to talk they don't lawyer up we know that's a mistake but they don't do it and then at some point they're offered take polygraph now a lot of times not always but a lot of times the law enforcement agents will pull somebody back in after they take this polygraph and tell them that they were determined to be lying that they detected deception and this is a technique that may not necessarily be based on the truth it's another way that they'll try to get you to come around i had a client who was interrogated one time for a very long period of time never said anything incriminating he did talk but he didn't give any quote unquote confessions was pulled back in asked to do a polygraph this is all pre-representation and he did so was told he was lying on the poly and then of course gave a whole new story that was a very unfortunate circumstance um for that young man and that happens all the time that's that's the dime a dozen sort of situation unfortunately the police can lie to you tell you you failed it you have no idea what they're even talking about so in a stressful situation people react in very unique ways and it may not be that you're telling the truth but somehow you come up with some version of events to satisfy them because they're hounding you and hassling you about what you're lying about so there's an unfortunate occurrence of that in many interrogations if you concede to taking the polygraph you don't want to be in that position it's not a fun place to be another example and this is actually even more frightening if you think about it same sort of situation the client was pulled in was questioned agreed to talk and then agreed to take a polygraph during the polygraph he was questioned about something relating to the initial offense and then kind of a related offense that was not really on their radar at that time okay for some reason they told him he they detected deception on the second crime that nobody had ever reported him for so something he was reported for they were looking into the second thing some topic that was related came up new allegation nobody ever reported it so they told him that he was lying about this potential other crime that had several victims that would have been implicated no one had ever reported this guy they hounded and pounded and pounded him told him he failed to polygraph fill the polygraph he needed to fess up he comes up with a very elaborate story about victimizing two people the police then have to go locate these people these people claim there was absolutely no memory of this ever happening they don't believe it happened they think it was just my client essentially just making something up because they have no memory of it it's not something that they're aware of long story short they go to trial and just based on his confession post polygraph he's convicted the victims the alleged victims never confirm anything so that's a very serious situation um if you think about it that you can incriminate yourself and basically build the entire case against yourself it's wild and it's it's a really awful thing that can happen so i'm telling you from the bottom of my heart i ask that you do not consent to take a polygraph it really does not do anything to help you best case scenario it does nothing and what is the point of risking all those other things if that's the only thing you could potentially gain so i hope that was helpful i hope that kind of leads up to some other questions about questioning rights interrogations whatever's on your mind let me know i'll try to make a video if it's something that i know anything about so see you guys soon and don't forget please do subscribe bye