Wojnaroski Consulting Services, LLC

Assisting Defense Attorneys

The polygraph examination, commonly known as the lie-detector test, can be a very useful tool to assist someone in proving their veracity/truthfulness. While polygraph examination results are not admissible in a trial, they have many other uses, both in and out of the courtroom.

Michigan appellate courts do allow judges to consider polygraph examination results in two instances:

1. In a motion for a new trial, where the defendant seeks to introduce the polygraph results of a witness, other than the defendant, in order to show that a prosecution witness committed perjury during the criminal trial (People v. Mechura, 205 Mi App 481, 1994).
2. On a defendant’s pre-trial motion to suppress evidence, where the defendant claims that a police officer acted illegally in obtaining the evidence. (People v. McKinney, 137 Mi App 110, September 4, 1984)

The polygraph examination can also assist the defense attorney in reaching plea bargains with the prosecution, impugning key witnesses, challenging sentencing reports, and bolstering credibility disputes.

For the defense attorney, the polygraph examination takes the unknown out of allowing their client to take a police-administered polygraph examination. It would be unwise for a defense attorney to have their client take a police-administered polygraph examination without first having the client take a private polygraph examination that was protected by the attorney’s “Work Product”. (People v. Sclafani, 132 Mi App 268; 347 NW2d 30 [1984])) In the Sclafani case, the Michigan Court of Appeals considered it to be "ineffective assistance of counsel" for a defense attorney to allow his or her client to take a police-administered polygraph examination without first checking to see how the client would do on a privately administered polygraph examination.

Defense attorneys should not overlook the utility of the polygraph examination in pre-trial and post-trial motions. The general rules prohibiting evidence of a polygraph examination in a trial do not apply to the pre-trial and post conviction stages of the proceedings.

Divorce Cases

Divorce attorneys, arbitrators and judges routinely use the polygraph examination to assist them in determining whose story is more credible on many of the common conflicts that arise in most divorce cases.

Property disputes in divorce settlements are easily resolved through the use of polygraph examinations.

Anytime an issue of “credibility” is at stake, a polygraph examination should be considered.

Criminal Sexual Conduct Matters

Michigan law states that a law enforcement officer shall not request or order the reporting victim of a sexual assault case to take a polygraph examination. The law goes on to state that a law enforcement officer shall not inform the reporting victim of the crime of the option of taking a polygraph examination, unless the victim inquires about doing so.

However, Michigan law mandates that if a “defendant” in a criminal sexual conduct case requests a polygraph examination, it SHALL be given! Further, the law states that if the defendant passes the polygraph examination, the reporting victim SHALL be confronted with the fact that the defendant has passed a polygraph examination. (MCL 776.21)

Relationship Issues

Issues involving sexual loyalty, parent-child relationships, etc. are very easy to resolve through the use of a polygraph examination. However, these issues are very emotional and if not treated properly could cause more psychological harm than good.

Mr. Wojnaroski will ONLY engage in polygraph examinations of this nature if he is working in concert with a therapist, counselor, pastor, rabbi, etc., under some form of doctor/therapist – patient/client relationship. NO EXCEPTIONS!

Employment Related Matters

Michigan law does not allow employers to request or require their employees to take a polygraph examination on any employment related issue. However, the law does allow the employee to seek out a polygraph examination to assist them in negotiating with their employer on an employment related issue.

If you as an employer or employee are considering a polygraph examination on an employment related issue, you are welcome to call Mr. Wojnaroski to discuss your particular situation.