Michigan Criminal Defense Lawyer Paul J. Tafelski Discusses Michigan Court Upholding a Defendant’s Polygraph Waiver

November 25, 2022 at 19:29

Michigan criminal defense lawyer Paul J. Tafelski (https://www.michigandefenselaw.com/blog/court-upholds-defendants-polygraph-waiver-in-recent-michigan-sex-offense-case/) releases a new article discussing a recent case in Michigan where the court upheld a defendant’s polygraph waiver. The lawyer mentions that a state appellate court in Michigan issued a written opinion that discussed the defendant’s challenge to the lower court’s finding that the defendant waived his rights before taking a polygraph test.

According to the Michigan criminal defense lawyer, “The case highlights the importance of speaking with a Michigan criminal defense attorney before agreeing to speak with detectives or give up any of your rights when you could face serious allegations. According to the court’s opinion, detectives suspected the defendant of sexually assaulting his daughter. During their investigation, detectives asked the defendant if he would take a polygraph test, otherwise known as a “lie detector” test.”

Michigan criminal defense lawyer

The lawyer further explains that law enforcement cannot require a person to take a polygraph test. The results of this test are usually not admissible in court. However, detectives may be able to administer this test if the defendant agrees to it and waives their rights. A finding that the defendant was not telling the truth can prompt them to make statements that may be admissible in court.

Attorney Paul Tafelski says that in this particular case, the defendant was read their Miranda rights and agreed to take the lie detector test. The defendant admitted to sexually assaulting his daughter and wrote an apology letter. However, the defendant sought the suppression of his statements later. The defendant argued that the waiver was not voluntary and that the confession was a result of that involuntary waiver.

In the article, attorney Tafelski adds, “The court found that the defendant’s confession was not involuntary. In doing so, the court rejected the defendant’s argument that he did not understand the rights he was giving up. The court noted that the two detectives who oversaw the confession testified that the defendant seemed to understand what rights he was giving up and that they explained everything to him before proceeding with the polygraph test.”

Lastly, the Michigan criminal defense lawyer emphasizes that if someone is being accused of a criminal charge, it is important that they seek the guidance of a skilled lawyer right away. Having an experienced defense attorney may be able to help them understand where they stand in the case at the moment and what their next steps should be.

About Michigan Defense Law

Founder of Michigan Defense Law attorney Paul J. Tafelski has over 20 years of experience working in the legal justice system. His team of experienced criminal defense lawyers at Michigan Defense Law work hard to represent their clients. The team, along with attorney Paul Tafelski have earned a reputation as Michigan’s most respected criminal defense lawyers.


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