Often times, sexual assault cases or cases involving some type of molestation against a minor involve some kind of an accusation by the victim, which in turn triggers an investigation. If a law enforcement officer asks to speak with you about a possible allegation, ask that your lawyer be present. These are dangerous waters that you cannot navigate without the assistance of an experienced criminal defense attorney at your side.
Oftentimes, a state or federal law enforcement officer may suggest that you should take a polygraph to prove your innocence. Always say NO. If you're innocent and you want to clear your name through a polygraph, obtain the services of an independent private polygraph specialist with the assistance of your attorney who will keep the results of the polygraph in confidence. That way if the results come back against you or they come back as inconclusive, the government can't use that against you during their investigation.
Many times folks come into my office that have been approached by an investigator in the case of a child pornography case or say a gross sexual assault against an adult female. The accusation is out there and the investigator says “Well, if your innocent, prove it. Just take a polygraph, it's not a big deal.” That is absolutely false. It is a huge deal and it is a major, major investigative tool employed by the police. They want you to take a polygraph so that they can cement their case against you. They already think you committed the crime. This isn't a chance for you to prove your innocence; rather, it is a chance for them to prove you're guilty. Therefore, always say no.
Now, with that being said, sometimes I will employ my own polygraph expert to give you a polygraph. If the results are favorable that you did not commit the crime then we can present this evidence to the government on your behalf, often times resulting in the dismissal or reduction of charges. This is why it is so important to be proactive in these types of cases and get an experienced criminal defense attorney involved immediately before the charges are levied against you.
So while there are times that it is to your benefit to take a polygraph, it is never, ever to your benefit to take a polygraph test at the behest of the police or the federal government without the advice and counsel of your attorney. If you have any questions whatsoever about taking a polygraph just say no, call your attorney and speak with them about the pros and cons of a polygraph. Never go forward in any investigation brought against you without an attorney. The idea that the police believe you are innocent and just want to help you clear your good name is naive and will only lead to further misery. Don't go down that road.
If you have any questions please feel free to call me at the office. I look forward to speaking with you soon. Thank you.