Polygraph Tests

North Carolina Divorce Law Divorce and Separation Answers
1

A polygraph test is not something I have used before in court, however, in cases where I have evidence that is not admissible I sometimes to share it with the other attorney to give them a more balanced view of the facts. You should consult with an attorney before doing so, but it may also be helpful for you to share the results with DSS and law enforcement if there is a criminal investigation ongoing.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

Just before I was to relocate to my children’s town and request a more balanced time sharing agreement my former wife preempted my move by filing a false child sex abuse charge against me, claiming that I molested my little girl. There is no evidence to support her claim, save her word only. My daughter has not validated the claim to anyone. Yet, the DSS investigation remains “ongoing”.

To clear my name, at least in the eyes of friends and family, I took and passed two different polygraph tests. The polygrapher’s reports state that it is their professional opinion that I am telling the truth and that the event did not take place.

I understand that polygraphs are not admissible in court. However, I have heard that they are still useful for things like trying to demonstrate to the district attorney that I am innocent of the charge and to persuade him not to file criminal charges against me.

How can these polygraph tests be utilized to my advantage if they are not admissible in court?