Should I take a polygraph if I've been arrested for a sex crime in South Florida?

You face harsh punishments if you’re charged with a sex crime, such as sexual battery, child pornography, or solicitation of a minor in South Florida. If convicted, you could be sentenced to years or decades in prison.

You need to do everything you can to fight the charges you face, given how high the stakes are. But does this include agreeing to take a polygraph test? Before you agree to a lie detector exam, you must understand the implications—both positive and negative—for your defense.

The experienced South Florida sex crime defense lawyers at the Law Offices of Robert David Malove have extensive experience guiding clients through these challenging situations. We're here to provide the information and advocacy you need to make informed choices and will develop an aggressive defense to protect your rights and fight the charges you face.

What Is a Polygraph Test and How Does It Work?

The police frequently ask suspects accused of sex crimes to take a polygraph test. A polygraph, often called a "lie detector test," is a tool used by law enforcement to gauge a person's truthfulness by measuring various physiological responses, including:

• Breathing rate. Changes in breathing patterns can indicate stress or anxiety.
• Heart rate. An elevated pulse may suggest the person is being deceptive.
• Blood pressure. Similar to heart rate, rising blood pressure is sometimes interpreted as a sign of lying.
• Skin conductivity. The polygraph measures perspiration, as sweating can increase when someone is being dishonest.

During the test, the examiner asks "yes or no" questions while monitoring these bodily functions. The idea is that lying causes detectable changes in a person's physiology. However, the accuracy and reliability of polygraphs are highly controversial.

The Questionable Science Behind Lie Detector Exams

Despite their dramatic portrayal in movies and TV shows, polygraph tests are far from foolproof. Here are key facts about them: 

• No definitive evidence. Studies have not conclusively proven that polygraphs can reliably detect lies.
• Inadmissible in court. Because of their dubious scientific basis, polygraph results are generally not admissible as evidence in criminal trials in Florida.
• Potential for misinterpretation. Many factors other than deception—such as stress, anxiety, or medical conditions—can trigger physiological responses that mimic signs of lying.

Weighing the Risks and Benefits of Taking a Polygraph Test

Should you submit to a lie detector test if you've been accused of a sex crime in South Florida? You may be tempted to if you know you’re innocent or otherwise believe it could help in your defense.

The answer to whether taking a polygraph test is a good idea depends on the unique circumstances of your case. However, before making this decision, it's crucial to fully understand what you stand to gain or lose. You should never make this critical decision without consulting our knowledgeable sex crime defense lawyers.

Potential Advantages of Taking a Lie Detector Test

In some situations, agreeing to take a polygraph could work in your favor:

• Demonstrating cooperation. Consenting to the exam may show investigators that you have nothing to hide and are willing to cooperate in resolving the allegations against you. This could help build credibility.
• Lack of incriminating evidence. If the polygraph doesn't indicate deception on your part, this result could bolster your defense or even lead prosecutors to reconsider or drop the charges if other evidence is weak.
• Plea bargaining leverage. Favorable test results may provide our attorneys with additional leverage to negotiate for reduced charges, a lesser sentence, or an alternative to jail time, such as probation or a diversion program.
• Peace of mind. "Passing" a polygraph can provide you with a sense of personal validation, even if the results are not admissible in court. The test offers a way to feel that you've done everything possible to clear your name.

The Dangers of Polygraph Tests

On the flip side, submitting to a lie detector test also carries serious, potentially case-altering risks:

• Unreliable results. Even if you're telling the complete truth, the polygraph is not a guarantee of vindication. False positives are a real possibility due to the test's inherent flaws and limitations.
• Overconfidence in "passing." It's a mistake to assume that a passed polygraph means your legal troubles are over. Prosecutors may still choose to proceed with the case if they believe other evidence is strong enough to secure a conviction.
• Misplaced focus. Taking a lie detector test shifts attention away from the burden of proof. Rather than forcing the state to prove guilt beyond a reasonable doubt, it puts you on the defensive, making you feel like you must prove your innocence.
• Emotional strain. The pressure of facing a polygraph while already dealing with the stress of a criminal accusation can take a hefty psychological toll, impacting your mental well-being and potentially even your performance on the test.

What Are More Effective Ways to Establish Your Credibility If You’ve Been Charged With a Sex Crime?

While a polygraph test may seem like a quick way to prove your innocence when facing a sex crime accusation, there are often more reliable and strategic methods to strengthen your defense and demonstrate your commitment to uncovering the truth. Here are some ways that our South Florida sex crime defense lawyers can establish your credibility:

• Witness statements. Our legal team will help you identify individuals who can provide testimony about your character, whereabouts, or interactions during the relevant time period. These witnesses may be able to corroborate your version of events or offer insights that challenge the accuser's claims. We can interview these individuals and secure statements that support your defense.
• Phone or GPS records. Your phone records or GPS data can provide valuable evidence of your location and activities during the time of the alleged incident. These records can help establish alibis, demonstrate inconsistencies in the accuser's story, or support your own account of events. Our lawyers can obtain and analyze these records to bolster your case.
• Surveillance footage. If the alleged incident took place in an area covered by security cameras, such as a public space or business establishment, the footage may capture important details that support your defense. Our attorneys can work to secure and review any relevant surveillance footage, which could provide visual evidence of your innocence or call the accuser's version of events into question.
• Text messages and emails. Any correspondence between you and the accuser, or communications with other relevant parties, can shed light on the nature of your interactions and the context surrounding the allegations. Preserving and sharing these messages with your lawyer can help establish your credibility, demonstrate consent, or reveal inconsistencies in the accuser's claims.
• Expert testimony. Depending on the specific circumstances of your case, our lawyers may recommend enlisting the help of expert witnesses, such as medical professionals, psychologists, or forensic specialists. These experts can provide scientific analysis, interpret evidence, or offer professional opinions that challenge the allegations against you and support your defense.

By working closely with our sex crime defense attorneys to gather and present this type of evidence, you can build a strong, fact-based case that asserts your innocence and exposes weaknesses in the prosecution's allegations, increasing your chances of a favorable resolution.

What Steps Should You Take If You’ve Been Charged With a Sex Crime in South Florida?

If you are arrested for a sex crime in South Florida, it is crucial to take immediate action to protect your rights and begin building a strong defense. Our sex crime defense lawyers recommend you take these steps:

• Invoke your right to remain silent: Exercise your Fifth Amendment right to remain silent, as anything you say can be used against you in court. Politely inform the police that you will not answer questions without the presence of an attorney.
• Contact an attorney. Seek the assistance of a skilled lawyer at the Law Offices of Robert David Malove as soon as possible. We’ll guide you through the legal process, protect your rights, and develop a tailored defense strategy.
• Gather evidence and information. Work with our lawyers to collect any evidence that may support your case, such as alibis, witness statements, or electronic records. Provide us with a detailed account of the events surrounding the allegation.
• Comply with court orders. Follow any court-imposed conditions, such as restraining orders or travel restrictions. Failure to comply can result in additional charges and jeopardize your case.
• Maintain discretion. Refrain from discussing your case with anyone except your attorney, as statements made to others could be used against you. Avoid contacting the alleged victim, discussing your case with inmates, or engaging in any behavior that could be misinterpreted.

Remember, an arrest is not a conviction. By taking these steps and working closely with our knowledgeable sex crime defense lawyers, you can effectively address the legal challenges ahead and strive for the best possible outcome in your case.

The Bottom Line: Talk to a South Florida Sex Crime Defense Lawyer First

Don't let investigators railroad you into taking a polygraph without first gaining a complete understanding of how this decision could affect your case, your freedom, and your future. Before making any decisions about a polygraph or other defense strategies, your smartest move is to consult an experienced attorney who focuses on sex crime cases. At the Law Offices of Robert David Malove, we're here to:

• Carefully evaluate the strength of the prosecution's evidence and identify weaknesses in their case
• Explain how a lie detector exam could impact your unique situation, based on decades of experience in Florida sex offense cases
• Discuss whether a polygraph's potential benefits outweigh the risks, and help you weigh this choice against other options for demonstrating your truthfulness
• Communicate and negotiate with law enforcement and the prosecutor on your behalf to protect your rights and pursue an optimal outcome
• Craft a customized, proactive defense strategy tailored to the facts of your case and focused on fighting the specific accusations against you
• Provide the knowledgeable guidance and aggressive courtroom advocacy you need to challenge every aspect of the state's case