Taking a Polygraph Test

Were you or a loved one arrested and have questions about taking a polygraph test? Learn if the test can be used in criminal proceedings here.





Question:

Can a polygraph test be used in criminal proceedings?

Answer:

Almost all of our clients who come to see us for a criminal case ask us this question. In fact, we just had that question today. Our clients tend to point it out where they didn’t read me my Miranda. Should they have read me my Miranda rights? What are the Miranda rights? One of the things that we like to explain to our clients is, yeah, Miranda rights exist. They are on this little piece of paper that law enforcement has and it basically says you have the right to remain silent and anything you say can and will be used against you. They ask if you need a lawyer and things of that nature. These are things that we see on TV. We see them in the movies. In practice, it’s a real thing, but in reality, it only comes into play when you are a person who stands accused of a crime and you are asked to make statements.

If you have one thing to take from what you’re reading now is any time you’re accused of a crime, any time you stand accused of any type of criminal conduct, please remain silent until you have had the time to speak to an attorney because just like that little Miranda card says, whatever you say can and will be used against you in the court of law. Throughout our almost 20 years of experience, we have seen that happen many, many times.

Now, for example, if you are arrested and you don’t talk or you don’t answer any questions or you’re not in custody with law enforcement, then whether they read you your Miranda rights or not will have nothing to do with the outcome of your case. It’s really something that affects you if your case is dependent on maybe you giving a confession or what the law enforcement deems as a confession, then the reading of your Miranda rights is going to be important.

In our experience, many people nowadays are more able to recall that bit of knowledge to not speak to law enforcement or prosecutors without the presence of their attorney because, again, they can and will use those things against you. Do they have to read you your Miranda rights? They do if they want the statements they take from you to be valid and to not be thrown out in the court of law, but aside from that, there’s no other real requirement that actually affects the defense and the prosecution of your criminal case.

The important thing is to speak to an attorney, hire an attorney that knows about these types of situations, make sure that you have consulted with them before you do anything in regard to your criminal case because these can have longstanding consequences on you and your freedom. If you have any other questions about Miranda or any other issues in criminal defense, please feel free to contact the Victory law firm.


Have you been charged with a crime that carries significant penalties in Florida and have questions about taking a polygraph test? Contact our experienced Orlando criminal defense lawyers today for a free consultation and case evaluation.

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