Attorney/Client Examinations
The
sophisticated attorney today deals with complex legal proceedings. Polygraph
examinations are crucial to assist with navigating and conquering the legal
obstacle course. The polygraph examination is a superior investigative tool
to determine if a client is truthful in their account of the facts
surrounding the offense, disputed facts common in civil litigation, or
determine the client’s degree of responsibility. Favorable examination
results arm you with invaluable and corroborated information from the
interviews and examination to encourage the prosecution to drop or alter
charges against a client. Polygraph examinations effectively advance the
interest of a client and are a cost effective means to capitalize on
precious time constraints in contrast to costly and time-consuming
investigations.
Polygraph examinations given by the government or a law enforcement agency
are used to support prosecutorial efforts. In contrast, TKJ Polygraph, LLC
examinations is confidential, attorney-client work product. Nothing about
the examination, including the simple fact a test was administered occurs
without your prior written permission. You are in control of the release of
any and all information about the examination. All data collected from the
examination, which includes audio/visual recording, polygraph charts and
written information is released only upon a written directive from the
attorney.
Can your client pass a law enforcement polygraph?
Clients often minimize or fail to provide critical details that could be
potentially devastating to their defense and embarrassing to recover in a
legal proceeding. Clients taking a private polygraph examination afford you
the opportunity to weigh the information collected and the examination
results without any knowledge to adversarial counsel unless you utilize and
release the information for your client’s advantage.
A successful polygraph examination can be of assistance to you as a
defendant's attorney in a variety of cases. Criminal, civil, insurance
disputes, bankruptcy law, compensation, marital and family law, sex abuse
allegations, real estate law; any case that revolves around a factual
dispute between two parties.
Utilizing a private polygraph examination prevents providing adversarial
counsel the opportunity to conduct discovery about your case directly from a
client since you never know what question the prosecutor's examiner will ask
during the examination or interviews. Reponses from your client during any
portion of the examination could significantly affect your case. Polygraph
examiners are traditionally professional interviewers and interrogators and
elicit information throughout the entire polygraph examination.
If the client is determined non-deceptive to the offense or disputed issue
from the polygraph examination, the prosecuting attorney may request a copy
of the examiner's written report to determine exact questions asked of the
defendant. The questions asked of the defendant will directly address the
issue under investigation. The prosecutor may also review the test
structure, perhaps with another polygraph examiner, to determine a properly
conducted test based upon the standard guidelines and procedures for each
type of examination given. If there is a question about the original
polygraph results, a request to the defendant to submit to a second
examination under the scrutiny of the prosecution may occur, or the
prosecutor could arrange for a second examiner to evaluate the subject's
polygraph charts to review the reliability of the first decision.
Prosecutors may take into consideration the results of polygraph
examinations. A prosecutor has nothing to lose and a great deal to gain by
offering a criminal suspect a polygraph examination with the understanding
that the results may be "considered" in making an informed decision, since
criminal prosecution evidentiary standard is “beyond a reasonable doubt”.
Civil litigation evidentiary standard requires facts supporting a
preponderance of the evidence. Non-deceptive polygraph examinations could
sway the prosecutor to seriously review the evidence against the suspect and
consider the possibility that law enforcement or the plaintiff
misinterpreted evidence or overlooked other possible suspects or information
supporting alternative theories . This is especially true when the evidence
against a defendant is circumstantial or based on an eyewitness or victim's
account.
A prosecutor has a responsibility not only to the crime victim, but makes
every reasonable effort to avoid charging an innocent person with a crime. A
polygraph examination, when conducted by a competent examiner, offers highly
accurate results, which, in most cases support the police investigation. In
those instances when a defendant does produce non-deceptive polygraph
results, the prosecutor should re-evaluate the evidence or strongly consider
the probability that the defendant is innocent. In cases where a victim's
statements are suspicious or because of a suspect being non-deceptive in a
polygraph examination, and where not prohibited by law, a prosecutor should
consider asking the victim to take a polygraph examination. In addition to
pre-trial applications, polygraph examinations occupy increased utilization
in pre-sentence investigations and as a condition of probation and
probation.
TKJ Polygraph customizes Specific Issue polygraph examination around defense
attorney's needs. This polygraph program allows defense attorneys to better
defend their client or shape their defense strategy, by putting pressure on
the prosecution or by being ready for any circumstance during trial.
The specific issues polygraph examinations are ideally suited for:
• Specific act or behavior is in question
• Statement confirmation (accused or witness)
• False allegations/accusations
• Verifying truthfulness of testimonies
• Disputed facts