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Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Polygraph – a Criminal Defense Lawyer Strategy Tool | How a Lie Detector is Used

On Behalf of | Mar 7, 2016 | Polygraph |

What is a Polygraph Test in Colorado and How is it Used by Denver Metro Defense Lawyers

The Polygraph is often referred to as lie detector test in Jefferson County and across Colorado. This tool is a scientific effort to determine whether someone is lying or not. Fundamentally, it involves highly sensitive tools which measure changes in a person’s physiological responses when asked questions. The idea is that a person’s breathing, blood pressure, perspiration and heart rate, will change when a lie is told. If it does not change, then the polygraph examiner will say you are telling the truth. Some examiners work for the government and never want you to pass, so they say you fail when you really did not – just to get you riled up and talking.

Is a Polygraph Admissible in Court in Denver, Colorado?

The short answer is “no”. Polygraphs are not reliable enough to be admitted in Denver, Colorado courts. While our legislature and legal experts agree that polygraphs are not admissible for this purpose, many parole and probation offices use them to determine if a person is telling the truth. They are also used in the sex offender treatment process, to ensure that someone is telling the truth. Many serious consequences can result when a polygraph is failed. These include having your probation revoked, having your treatment revoked, and having your parole revoked. So, while you can’t use a polygraph in court because it is too unreliable, the government still uses them like they are reliable and put people in prison when they fail a polygraph. This double standard typifies Colorado’s criminal justice system.

Why the Police Use Polygraphs in Criminal Cases in Arapahoe County

Many police departments will ask suspects to come in and take a polygraph. If the suspect does not come in, they are usually charged with a crime. If the suspect passes (which is nearly impossible with police polygraph examiners), charges are not filed. Once again, an unreliable scientific instrument is used by the government to determine the fate of men and women and serious criminal charges like Sexual Assault. Police, prosecutors, investigators and even judges, rely on an unreliable tool to make life decisions concerning you and me. We use our own polygraph examiners, who we trust not to stack the deck against you, before we let you take a police polygraph. Never take a polygraph from the police without first consulting an Aurora and Littleton criminal defense attorney.

How Taking a Polygraph Can be Harmful in Douglas County and Adams County

While the results of the polygraph and not admissible in court, the questions asked and the answers given are admissible. Taking a polygraph in Brighton, Thornton and Castle Rock is, in most cases, the equivalent of giving an interview to police. And, since we know most Douglas County police are not looking for the truth, you set yourself up to be misquoted, manipulated and tricked into giving incriminating statements. You could greatly hurt your chances for a fair trial in Adams County by taking a police polygraph. Be careful, and always have a full time criminal defense lawyer at your side when making such an important decision as whether you should be interviewed by polygraph. Read about how Polygraphs are used in Sex Offender Treatment.

The police are not your friend and neither is the polygraph in most cases. In limited circumstances, if used carefully and strategically, a polygraph can help you. Call our criminal defense attorneys at 303-731-0719, to learn whether a polygraph would be useful in your criminal case. Together, we can protect your future.

Image Credit: – Stuart Miles