If the police ask you to take a polygraph test, your immediate response should not be to refuse outright, nor should you agree. Instead, you should politely state that you are going to consult with an attorney before making any decisions. You should not indicate either a willingness or unwillingness to take the test—just make it clear that you will not be answering any further questions until you have spoken with legal counsel.
Once you consult with a lawyer regarding the specifics of your situation, they can help you decide how to respond to the request and communicate that decision to law enforcement on your behalf. As you'll see in this article, the best decision is almost always to decline a police polygraph.
At the Law Office of James R. Snell, Jr., LLC, we have over 20 years of experience representing clients in law enforcement investigations and defending against criminal charges. We accept cases across South Carolina, including Lexington, Columbia, Greenville, and Charleston. To schedule a free consultation, call (803) 359-3301.
The Real Purpose of Police Polygraphs
Police sometimes claim they use polygraphs to clear suspects. However, in reality, polygraphs are not about finding the truth—they are used as interrogation tools.
Even though polygraph results are inadmissible in court, anything you say during the exam can and will be used against you. Police departments often train their best interrogators as polygraph examiners to extract damaging statements from suspects.
Prosecutors know they cannot mention a polygraph in court, so instead of calling the polygraph operator a “polygrapher,” they often refer to them as an “investigator.” This allows them to present what is actually a high-pressure interrogation as part of a broader “investigation” without revealing the true nature of the questioning.
Innocent People Can Fail Polygraph Tests
Even if you believe you will pass, agreeing to a police-administered polygraph is still a huge risk.
False "Deception" Results – If the test returns inconclusive results or falsely indicates deception, police will almost certainly treat this as evidence of guilt.
Poorly Worded Questions – A polygraph is only as reliable as the questions asked. A single misleading or vague question can produce damaging results.
Nervousness and Stress – Being anxious or scared, even if you are innocent, while not necessarily affecting the validity of a properly administered test, can also be seen as evidence of guilt by the police.
A Better Alternative: Private Polygraph Tests
For clients who are curious about taking a polygraph, we offer a confidential, private polygraph test in our office. Unlike a police test, the results are protected by confidentiality, meaning no one—not the police or the prosecution—can find out the test was taken or what the results were. If the results are favorable and you choose to disclose them, we can use them strategically. If the results are not helpful, no one outside of our office will ever know.
A private polygraph can also be a powerful tool in preventing an arrest or persuading prosecutors to drop pending charges. While polygraph results are not admissible in court, law enforcement agencies and prosecutors often consider them in their decision-making. Because of this, passing a private polygraph can be one of the fastest ways to demonstrate actual innocence.
The Law Office of James R. Snell, Jr., LLC, has over twenty years of experience representing clients during investigations and in criminal cases. We can help our clients decide if a polygraph is right for them and, if so, arrange the test in our office. Often, private tests can be scheduled the same or next day, allowing clients to quickly present evidence of their innocence. Polygraph tests can be useful in a variety of case types, including embezzlement, child abuse, sexual assault, and homicide.
We offer free consultations, which can be scheduled by calling (803) 359-3301. We accept cases statewide, including Lexington, Columbia, Greenville, and Charleston. If you are under investigation or have been asked to take a polygraph, do not answer any questions until you have spoken to an experienced criminal defense attorney. Call us today to protect your rights and your future.