Ashland, AL asked in Criminal Law for Alabama

Q: Are polygraph tests admissible in court in lower Alabama and child abuse allegation cases

The polygraph was requested by the defendant he has not been arrested the investigation has not been turned over to the grand jury but the law enforcement States that the investigation is been concluded

Related Topics:
1 Lawyer Answer
Samuel G McKerall
Samuel G McKerall
  • Criminal Law Lawyer
  • Gulf Shores, AL

A: Polygraph results are not generally admissible in any court in Alabama. They are not generally considered reliable evidence. Under certain rigid circumstances opposing parties may stipulate that polygraph results are admissible, but the judge has the discretion to allow or refuse the stipulated evidence. That does not mean that state agencies and employers do not seek to use them occasionally, or that private opposing parties cannot use them by agreement outside of court, but no one can force anyone to take a polygraph test. If the defendant has not been arrested and law enforcement states that the investigation has been concluded and the case has not been turned over to the grand jury that may mean that law enforcement has concluded that there is not sufficient evidence to take the case to the grand jury, but it may also mean that they do have sufficient evidence and just have not gotten around to taking the case to the grand jury.

If you or the person you are inquiring about is innocent of child abuse and wishes to convince a family member or friend of their innocence then he or she may engage a private polygraph examiner and take the test and present the results to their family or friends for consideration. That may or may not work. There are over 100 licensed polygraph examiners in Alabama, some of whom are in lower Alabama.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website. Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.