Polygraph Testing and its Role in California Sex Offense Cases
Polygraph machines are one of the most famous instruments used to detect truth and deception. They record one’s physical involuntary responses to questions and generally measure results based on the respiratory, sweat gland and cardiovascular systems of the body. Although polygraph testing is the subject of much debate and is generally excluded from evidence in California, there are ways that it can be helpful to the defense in a sex offense case. The skilled California sex crime defense attorneys at The Kavinoky Law Firm know how to effectively use this type of evidence to help their clients in a variety of ways.
California courts are open to the use of polygraph results under a number of circumstances. While results are generally excluded from evidence during the case-in-chief, there are some instances where they may nonetheless be admissible, and others where they may be useful in pre-trial situations. For example, a polygraph test may be admissible in a sex offense criminal trial if both parties stipulate to its admissibility before the test is administered. When this is the case, the court will typically set certain requirements relating to the conditions under which the test may be given and relating to the qualifications of the polygraph examiner. These requirements are set forth in an effort to ensure the most reliable results, as even those who believe in the accuracy of these tests admit to the fact that erroneous results can occur. Errors can result from inadequate preparation of the individual taking the test, from the manner in which the examiner asks the questions, from the examiner’s interpretation of the test, and from the individual’s anxiety and nervousness. If the accused believes that his or her results were mistakenly interpreted, he or she should immediately ask the criminal defense lawyer to request a second examination with a different examiner.
An experienced criminal attorney may also ask his or her client to participate in a polygraph test for pre-trial purposes. If the charged allegations are based on false accusations under any circumstances, test results could be extremely helpful in obtaining an early release from custody and in negotiations with the prosecution to either reduce or dismiss the charges. For example, if a polygraph test reveals that the defendant either didn’t commit the crime alleged, or that he or she believed that (in certain crimes, such as rape or sodomy) there was consent on the part of the other adult participating in the act, the judge may be persuaded to permit an OR release or to reduce bail, based on the fact that the accused doesn’t present as big a threat to society as was previously believed. Similarly, these types of results may be useful evidence to convince a prosecutor that the alleged “victim” may not be telling the truth, especially if it is a case that is lacking in physical evidence. Such powerful evidence may convince a prosecutor to either reduce the charged offense to a less serious offense (for example, to reduce a felony to a misdemeanor or to reduce a charge that requires sex offender registration under Penal Code 290 to one that doesn’t) or it may convince him or her to dismiss the case altogether, especially if it lacked substantial support to begin with.
Only a qualified lawyer should consider this type of testing because of the risks that it presents. The outstanding attorneys at The Kavinoky Law Firm specialize in all the complexities related to California sex crime defense, enabling them to provide the most comprehensive defenses. They keep current with the latest rulings, trial strategies and issues that are applicable to this ever-changing and emotionally unique area of the law, which gives their clients a tremendous advantage. With law offices in Los Angeles and throughout California, they are conveniently accessible to those in need of an exceptional California sex crime defense attorney. For more information about the role of polygraph testing in sex offense cases, and for the most trusted legal advice, contact them today for a free consultation.
