What Are the Polygraph Laws in California?
A polygraph test, also known as a lie detector test, lets the defendant undergo questioning and examination to determine if they are honest. This device watches for biological changes that indicate when a person lies and when they tell the truth. California law allows for the admission of a polygraph test in court when all parties consent to using it as evidence.
Legal Aspects of Polygraph Use in California
A polygraph is a device designed to detect signs of lying in a person. During the test, the polygraph records changes in biological indicators. Such as:
- respiratory rate
- heart rate
- blood pressure
- sweating
These changes can indicate the stress a person is under while lying. It should be noted, however, that the polygraph is not always accurate. Although often associated with reliability, polygraph results are not always admissible as evidence in a court of law. Polygraphs record changes in physiological indicators that can be caused not only by lying, but also by factors such as:
- stress
- anxiety
- fatigue
Also, when a person is nervous about a test, his heart rate may increase, which is interpreted as a sign that he is lying. Even if he is telling the truth. In order for polygraph results to be used in court, the consent of both parties is required. In some cases, the defense may offer a polygraph test to prove their client’s innocence. However, such tests are rarely conclusive. You should also note that polygraphs cannot serve as the sole evidence. The test results must be corroborated by other facts and evidence.
Polygraph As a Tool for Solving Criminal Cases
Despite their questionable reliability, polygraphs can be useful at the pretrial stage. If a defendant takes a polygraph test and the results show that he or she did not lie, this data can be used in his or her favor. It is important to remember that such tests can be expensive – the cost can range from $200 to $2,000. It all depends on the complexity of the test and who is administering it.
In some cases, a polygraph can be an important tool for the defense. For example, if a defendant wants to convince a prosecutor of his innocence or persuade him to accept a plea bargain. The results of a polygraph examination can help you make the right decision. However, it is important to consult with an experienced criminal defense attorney to understand when and how it is appropriate to use this tool.
Can You Take a Polygraph Test Outside of Court?
Yes. In certain cases, a defendant can go out on their own to take a private polygraph test. These test results, if they come back truthful, can be then handed over to the prosecutor in an attempt to have the case dismissed. Taking a private polygraph test is recommended when:
- Trying to dismiss a charge during the pretrial process.
- Attempting to persuade the prosecutor to consider a second examination during trial.
- Convincing the defendant to enter into a plea bargain or no contest.
A private polygraph test can cost between $200 and $2000
Can Your Employer Make You Take a Polygraph Test?
There are a number of laws governing the use of polygraphs in the workplace that limit what employers can do. In California, California Labor Code 432.2 prohibits private employers from requiring a polygraph examination. This restriction applies to both pre-employment testing and continuing employment.
The Employee Polygraph Protection Act (EPPA) governs federal law. This law prohibits employers from using polygraphs to screen employees. But there are exceptions. Such as:
- security of government agencies
- investigations of serious crimes.
Even in these cases, the employer must obtain the employee’s consent and explain his or her rights before administering the test. If your employer improperly forces you to take a polygraph test at work, contact an attorney to protect your rights. Such actions may be illegal, and your employer may be held liable for violating employment laws.
When is it a Good Idea to Consult an Attorney?
Before agreeing to take a polygraph test, it is important to consult with a qualified criminal defense attorney. This is especially true if you are facing criminal charges or a potential trial. By consulting with an experienced attorney, you will be able to understand all the risks and consequences of taking the test. It is also better to prepare for possible legal action.
A polygraph examination may be useful in certain circumstances. But its results should be part of a broader defense strategy. Remember that even if the polygraph shows that you are not lying, others can challenge the results. They may also not be admissible as sole evidence. Contact the attorneys at KAASS LAW for more information about polygraphs and your legal rights.