Criminal Sexual Conduct – Should I Take a Police Polygraph?

Randall Levine

Criminal Sexual Conduct charges are extremely serious.  Often times there is no physical evidence to support the claims of a complainant who may have ulterior motives to make an accusation.  Consequently, it is not uncommon for the police to request that a person accused of Criminal Sexual Conduct take a police polygraph examination.

The law in the State of Michigan is that the results of a polygraph examination cannot be used in evidence except under very limited circumstances.  Nonetheless, law enforcement often uses the polygraph examination as a tool to determine whether a false accusation is being made and therefore whether the case is worthy of prosecution.

 The reason polygraph examinations are inadmissible in a court of law is that they have not gained peer acceptance of their scientific reliability.  The results of a polygraph examination are often dependent upon the health of the examinee and the qualifications of the examiner. 

 What should you do if you are accused of Criminal Sexual Conduct and the police ask you to take a polygraph examination?  The answer is simply maybe.  At Levine & Levine we have utilized experienced polygraph examiners to conduct private independent examinations for those persons accused of Criminal Sexual Conduct for over 30 years.  We can tell privately whether an examinee is likely to pass a police polygraph examination based on the results obtained with our private polygraph operator who conducts the examination at our office.

 If the polygraph examination charts are strong enough the answer is you may be well advised to take a police polygraph.  However, if you are one of those persons who simply cannot pass a polygraph regardless of whether you are being truthful the answer of whether to take one offered by the police is a resounding no.

 Levine & Levine is very experienced in defending Criminal Sexual Conduct cases.  Please contact us in the event that you have questions or concerns.

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