Precision Polygraph of Texas

Precision Polygraph of TexasPrecision Polygraph of TexasPrecision Polygraph of Texas

Precision Polygraph of Texas

Precision Polygraph of TexasPrecision Polygraph of TexasPrecision Polygraph of Texas
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    • Home
    • About
      • About the Examiner
      • Exam Types
      • Location
      • Your Preparation
      • Selecting an Examiner
      • Removing Friction
      • Licensing
      • Affiliated Team
      • Voice Stress Analysis
      • Eye Scanning
    • Schedule
    • FAQs
    • Map
    • Contact Us
    • Site Map

  • Home
  • About
    • About the Examiner
    • Exam Types
    • Location
    • Your Preparation
    • Selecting an Examiner
    • Removing Friction
    • Licensing
    • Affiliated Team
    • Voice Stress Analysis
    • Eye Scanning
  • Schedule
  • FAQs
  • Map
  • Contact Us
  • Site Map

How Attorneys Use Polygraph

How Attorneys may use Polygraphs

Polygraph examinations are mostly used when there are factual disagreements over an issue. The polygrapher may help the credibility of the client’s version. It can also be very useful specifically for defense attorneys. Eight examples of polygraphs used by attorneys include:


  1. Plea Bargaining: Even inadmissible polygraph results can be used to bargain with the prosecution for a lesser charge or outright dismissal. Verification of essential elements in the subject’s version of the incident will prevent unnecessarily lengthy investigations into sometimes incredible versions. This is effective when the other evidence against the subject is overwhelming, and a very appealing offer by the prosecution is available, if the case is resolved by a negotiated plea.
  2. Motions to Suppress Evidence: Polygraph can resolve conflicting testimony between the client and the arresting officer, concerning the legality of a search and advisement of rights.
  3. Settlements: Acceptance of polygraph results prior to a trial may result in settlements, thereby saving the time, expense, agony, and embarrassment of trial.
  4. Sentencing: Polygraph results may be used to disprove unfavorable information found in presentencing reports.
  5. Supporting Evidence: Quite often, a criminal defense depends upon psychiatric opinion testimony as to the defendant’s ability to understand the charges and assist in his defense or legal culpability for actions committed. The opinions of the expert witness in this area often depend heavily upon statements made to the expert by the defendant. Prosecutors often attack the experts’ opinions by challenging the truthfulness of the defendant’s statements. The polygraph, used in conjunction with a psychiatric examination, can provide the expert with verified information upon which to base her opinion.
  6. Parole and Probation: The polygraph can be an invaluable aid in verifying the accuracy of information used as a basis for granting or revoking parole or probation.
  7. Arbitration: The polygraph technique has been successfully used in federal and state arbitrations to resolve conflicting testimony.
  8. Civil Actions: Polygraph results can be used to resolve paternity suits, effect marital reconciliation, settle child custody and visitation rights, and determine the veracity of accusations in domestic relations cases. Disputes in automobile accidents or transactions between businesspeople can also be resolved by the polygraph.


Polygraph examinations of clients may fall under the doctrine of attorney-client privilege. 

This was first established by Hickman v. Taylor. This was later codified in the Federal Rules of Civil Procedure rule 26(b)3. Learn more about Attorney Client Privilege.

Pen and paper on a desk

Texas Polygraph Case Law

Probation Conditions

Firefighter Pre Employment

Probation Conditions

Ex parte Renfro, 999 S.W.2d 557 (Tex. App. 1999) (Court could properly condition community-supervised probation on periodic polygraph exams.)

Probation Miranda

Firefighter Pre Employment

Probation Conditions

Marcum v. State, 983 S.W.2d 762 (Tex. App. 14th Dist. 1998) (Polygraph examination administered as part of a court-ordered condition of probation is not an in-custody interrogation for purposes of triggering the need to give Miranda warning.)

Firefighter Pre Employment

Firefighter Pre Employment

Firefighter Pre Employment

Andrade v. City of San Antonio, 143 F.Supp.2d 699 (W.D. Tex. 2001) (Upholding pre-employment polygraph screening for firefighter positions.)

Changed Statement

Military Cadet Confession

Firefighter Pre Employment

  Bradley v. State, 48 S.W.3d 437 (Tex. App. 2001) (Court did not err in refusing to allow defendant to cross-examine state’s key witness with evidence that witness changed his statement after failing polygraph but was not polygraphed to determine truthfulness regarding changed statement.)

Military Cadet Confession

Military Cadet Confession

Military Cadet Confession

  Graham v. State, 3 S.W.3d 272 (Tex. App. 1999) (Order to Air Force cadet to stay overnight unrestrained at command center in military institution pending next day’s polygraph test does not constitute apprehension or custody, as such restriction was a product of cadet’s military status. As such, post-polygraph confession is not a product of illegal arrest or detention. Further, prosecutor’s improper reference to defendant’s polygraph examination during opening statement did not require mistrial, as court gave limiting instruction. Additional reference to polygraph by prosecution was not made subject of objection and, as such, defendant waived right to raise as an issue on appeal.)

Probable Cause

Military Cadet Confession

Military Cadet Confession

Guardiola v. State, 20 S.W.3d 216 (Tex. App. 2000) (Failed polygraph cannot, by itself, constitute probable cause for arrest.)

Per Se Rule

Revocation Hearing

Revocation Hearing

Hernandez v. State, 10 S.W.3d 812 (Tex. App. 2000) (Court declined to re- examine per se rule excluding polygraph evidence at trial.)

Revocation Hearing

Revocation Hearing

Revocation Hearing

  Leonard v. State, 2021 WL 715981 (Tex. Crim. App. 2012) (Reversing lower appellate court, the Court held that polygraph evidence is admissible in a revocation hearing on defendant’s discharge from a sex offender treatment program involving community supervision if it qualified as the basis for an expert opinion under Texas Rules of Evidence 703 and 705(a). Such evidence is permission because revocation hearings are administrative proceedings, in which there is no jury and the judge is not determining the guilt of the original offense.)

Results on Appeal

Revocation Hearing

Results on Appeal

Long v. State, 10 S.W.3d 389 (Tex. App.-Texarkana 2000) (Although results of polygraph examination are inadmissible, failure of defendant to object to testimony of polygraph results prevents raising the issue on appeal. Had defendant timely raised an objection to the testimony of polygraph examination results, he would have been entitled to a mistrial.)

Confession

Admissibility & Sixth Amendment

Results on Appeal

Gomes v. State, 9 S.W.3d 373 (Tex. App. 1999) (Police conduct following polygraph examination not sufficient to overcome voluntariness of defendant’s confession.)

Admissibility & Sixth Amendment

Admissibility & Sixth Amendment

Admissibility & Sixth Amendment

Perkins v. State, 902 S.W.2d 88 (Tex. App. 1995) (Polygraph evidence inadmissible under Rule 702, as it does more than assist trier of fact but, rather, impermissibly decides an issue for the jury. Also, such rule does not violate defendant’s Sixth Amendment right to obtain favorable witnesses.

Polygraph in Treatment

Admissibility & Sixth Amendment

Admissibility & Sixth Amendment

Mitchell v. State, 420 S.W.3d 448 (Court of Appeals of Texas, Houston 14th Dist, 2014) Polygraphs offer some value at the diagnostic level, thus sex offenders required to submit to this condition of community supervision is reasonable.

Video Primer for Attorneys using Polygraph

Are you the type of person who learns better by watching? Check out this 4 1/2 minute video for attorney tips! And watch these others for more information: 


Introduction to Polygraph

Who Uses Polygraph

Preparing for your Polygraph

Polygraph for Therapists  

Podcast including The Truth Behind the Test (for Attorneys)

Book It Now

Real Time Scheduling

Professional Associations

Seal of the Texas Association of Polygraph Examiners
Logo of the Veterans Chamber of Commerce
Seal of the State of Louisiana
Logo of the Austin Criminal Defense Lawyers Association
Symbol from the State of Tennessee
Seal of the State of North Dakota
Logo of the British and European Polygraph Association
Texas Association of Law Enforcement Polygraph Examiners
American Association of Police Polygraphists
National Polygraph Association badge
  • American Association of Police Polygraphists
  • National Polygraph Association badge
  • Seal of the Texas Association of Polygraph Examiners
  • Logo of the Veterans Chamber of Commerce
  • Seal of the State of Louisiana
  • Logo of the Austin Criminal Defense Lawyers Association
  • Symbol from the State of Tennessee
  • Seal of the State of North Dakota
  • Logo of the British and European Polygraph Association
  • Texas Association of Law Enforcement Polygraph Examiners
  • American Association of Police Polygraphists
  • National Polygraph Association badge
  • Seal of the Texas Association of Polygraph Examiners

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Precision Polygraph of Texas LLC

9130 Jollyville Rd, 9130 Offices, Suite 123, Austin TX 78759-7482

(512) 66-TRUTH or (512) 668-7884

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