The short answer is yes. Under the law, MCL 776.21, if you are charged with criminal sexual conduct and you wish to take a polygraph you must be provided with the opportunity to do so. However, the results are not necessarily admissible at trial. During a trial, the Judge will determine what is admissible at trial. Polygraph results are typically not admissible because they are not viewed as being 100% reliable. When determining whether or not to take a polygraph you should discuss the pros and cons with an attorney. Sometimes taking a polygraph may be helpful in resolving a case short of trial, but there are risks involved as well. Even if you are innocent, that is not a guarantee that you will pass. Other factors can effect the result. You need to speak with an attorney and weigh your options. If you or someone you know is in a situation like this call me today. I am here, and I can help.
Paige Favio is with the law firm of Matecun, Thomas & Olson, PLC in Howell. She answers readers’ questions on legal matters affecting individuals, their families and their businesses. Email questions to [email protected], or if your question is urgent, call (517) 548-7400. The information in this column is not intended as legal advice.