Can You Use a Polygraph in Court in Carrollton, Georgia?

One area of legal confusion is the admissibility of polygraph evidence in a Georgia criminal prosecution. A polygraph—also called a “lie detector” test—measures changes in a person’s blood pressure, respiration, and pulse while under questioning. The person administering the polygraph will then analyze any physiological changes to determine if the witness is telling the truth or lying.

Polygraph tests are a part of some police investigations. When officers cannot tell if a witness is being truthful, they might ask them to take a polygraph test. But can you use a polygraph in court as evidence? That’s a complex question. Below, a Carrollton criminal defense lawyer lays out the legal requirements. We encourage all defendants to avoid participating in any polygraph exam—at least until you have spoken with our office about your case.

Is a Lie Detector Test Admissible in Court?

The general answer is “no.” A polygraph is not admissible as evidence. The science behind lie detector tests is not sufficiently reliable to qualify as evidence. However, there are exceptions to this blanket exclusion of polygraph evidence.

A major exception is if both the prosecution and defendant agree before the administration of the test that the results can be used without regard to what the results show. A 1977 Georgia Supreme Court case (State v. Chambers) is to this effect. You need to reach this agreement before the test is administered. The suspect then takes the test, and it’s up to either side to introduce the results, if they want.

Your Refusal Cannot Be Used Against You.

The smart thing for a criminal suspect is to decline a polygraph. Too many defendants think they can talk their way out of charges or somehow “beat the test.” All they end up doing is digging a hole and admitting facts that make them look guilty.

What if you refuse to take a test? Will the state tell the jury and use this fact against you? Helpfully, the state cannot use your refusal as evidence against you in court. If they try, then we can ask a judge to strike the testimony as unfairly prejudicial, and you have a solid issue to raise on appeal if you end up convicted.

Can You Request a Polygraph Test in Court?

A criminal suspect can negotiate on their own to take a polygraph. The law does not require that a lawyer negotiate on your behalf. The prosecution will want to determine ahead of time the questions you will be asked and who will perform the test. You will probably also have to sign a written agreement.

We highly recommend you avoid taking a lie detector exam. There is no reason to think you’ll somehow get the charges dropped, regardless of how well you perform on the test.

Polygraphs are not an exact science. There are all sorts of reasons someone might fail. Even those suspects who are innocent could become nervous and experience a racing heartbeat or begin to sweat uncontrollably. There is very little upside to taking a test.

What’s more: if the state is pushing for you to take a lie detector, then there’s a good chance the evidence is very weak.

How to Strengthen Your Defense

There are more effective ways to prove your innocence at trial than running the risk of a bad polygraph result. For example, your defense lawyer might introduce character evidence to support your claim that you are a law-abiding or peaceful citizen. The best character evidence comes from people with spotless reputations in the community, such as a boss or a religious figure. They can testify that you are not the type of person who would commit the crime.

This type of evidence is often more persuasive than a polygraph result—even a test that shows you are not lying. You can expect the prosecutor to minimize a favorable test result, in any event.

Request Immediate Assistance from Our Carrollton Criminal Defense Lawyer

Are you facing criminal charges? You deserve a seasoned legal advocate who knows how to hold the state to its burden of proof. At Moffitt Law, LLC, we have aggressively defended men and women from a variety of criminal charges. Our firm knows how to find weaknesses and holes in the state’s evidence against you. And we are confident in our ability to explain to a judge and jury why you are innocent.

Contact us today to schedule a consultation with our office.