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When a Polygraph Exam Might Be Beneficial

By: Nader W. Nassif, Esq.

Polygraphs, well known from television drama, are a controversial and much contested method of lie detection. Firstly, it is important to understand that the results of such tests are inadmissible in court.  Although there is a lot of skepticism, many people still believe that polygraph testing is accurate. This belief means they can still be used as convincing evidence for a client’s innocence outside of the courtroom in the right situations.


When Should You Think About Taking a Polygraph Exam?

Although polygraphs cannot be used to prove someone’s guilt or innocence in the courtroom, they can still be a helpful tool when wielded in particular ways. Cases that rely strongly on witness testimony of interpersonal relationships such as assault, sexual assault, and domestic violence often have witnesses, victims, and suspects with conflicting accounts. In pre-charge cases a passed polygraph exam is a powerful tool to influence investigative and prosecutorial decisions. Although not a guarantee, after you have been charged a passed polygraph can also be used to ask for a dismissal or negotiate a better plea offer.


A comprehensive private polygraph test can also help you prepare for what a police polygraph would be like. It can give you and your attorney an idea of what results may be if you do consent to taking a police polygraph.Your attorney can refer you to a reputable polygraph administer who is well known to the court your case is located in. Professional reputation means a lot before the court.


The Test

Polygraph tests are designed to measure a person’s truthfulness through minute changes in a person’s body.  Sensors will be placed on the person being questioned to measure pulse, breathing rate and volume, blood pressure, electrodermal activity, and motor movements. You will be asked several control questions to which the examiner already knows the answers.  Then you will be asked several questions regarding the accusations leveled against you.  This is known as the Control Question Test.  It is the most common test given by Michigan polygraph examiners. The entire exam typically takes two to three hours.  After the exam the administer will make a note of your results and compile them into a comprehensive report to be provided to you and your attorney.



The Results

Whether you pass or fail, your polygraph test and the results are private between you, the administer of the test, and your attorney. The private polygraph examiner is now a part of your defense team, and the same attorney-client privilege applies to whatever you say to them. Your attorney will be able to best advise you of the way in which you polygraph results may be beneficial to your case. There are many reasons other than guilt, including several mental health conditions, that may cause someone to fail a polygraph exam. You cannot be required to present negative results to the court or any other law enforcement administration. 


My Michigan Legal, PLLC Is Here to Help

A skilled criminal defense attorney can help you navigate the complicated paths that come with facing a criminal charge. Here at My Michigan Legal our attorneys have years of experience using polygraph exams appropriately and more and can confidently guide you through the entire process.  Don’t go into court unprepared. Contact My Michigan Legal and let us help you with your criminal charge today. 

If you need legal help anywhere in the state of Michigan, then contact My Michigan Legal, PLLC at (844) 4MY-MICH (844-469-6424) today. 

Explaining the Preliminary Exam Process

By Nader Nassif • January 8, 2025
A preliminary examination, sometimes referred to as a probable cause hearing, is an important step in all felony cases. This hearing takes place at the district court level and determines whether a case is allowed to move on to circuit court in a process known as a bind over. Often, a preliminary exam will look like a mini trial since the prosecuting attorney will present evidence and may call witnesses for testimony at this hearing.

The Holmes Youthful Trainee Act (HYTA) Explained

By Nader Nassif • January 6, 2025
As a young adult, if you find yourself facing criminal charges, you may have a path to keeping the conviction(s) off your record. In Michigan, the law acknowledges that young adults do not posses the same level of maturity as an adult over the age of 26. The Holmes Youthful Trainee act, known as HYTA, is intended to give young adults a chance at avoiding such a conviction. If a criminal conviction is placed on your record it can have severe negative consequences on employment, housing, and other areas of life for extended periods of time. HYTA is intended to instead provide rehabilitative guidance to young adults in an effort to keep them out of the criminal system in the future. HYTA was signed into Michigan law in 1966. In its original form it was available to offenders ages 17 to 21. The programs has since been expanded to young adults between the ages of 18 and 26 with additional restrictions and requirements possible for defendants over the age of 21. Some offenses are ineligible for HYTA deferral including major criminal sexual conduct charges and offenses that carry a maximum penalty of life in prison. Previous convictions of criminal sexual conduct may make you ineligible to receive HYTA for subsequent lesser charges. Juvenile delinquency and traffic offenses may also not be deferred under HYTA, including Operating While Intoxicated charges.
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