Should I take a polygraph test? The agents are telling me it can help clear me…

Short answer..NO.  I recommend that you do not take a polygraph test without consulting an attorney.  The investigators are not looking to help you.  They are looking to trap you into confessing.  It is true that a polygraph is not admissible as evidence in your court-martial.  However, that is not why it is being offered to you.  The investigators in your case will administer the test to you and then most likely tell you that you failed.  They will then try to interview you again and get you to confess on paper.  The confession that they are attempting to get immediately after the polygraph test IS admissible at a court-martial.  I have seen this happen time and time again.  There is no good that can come of you taking a polygraph test without first speaking to an attorney.  I have seen a few unique cases where an accused has passed a polygraph test and the court-martial charges facing him were then dropped.  However, these cases were rare and did not happen without help from an attorney.  In most cases an accused is told that he failed the polygraph test.  While the results of the polygraph examination are not admissible at a court-martial, they can be viewed by the Commanders making the decision to send charges to a court–martial.  For this reason, a failed polygraph test can prove very damaging to an accused.  Bottom line, don’t fall for it.  Do not take a polygraph test without consulting an attorney.  Better yet, do not waive your rights and speak to an investigating agent without first consulting an attorney.   To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.

William E. Cassara- Military Law Attorney

Scroll to Top