Pre-Trial Polygraph Examinations
How Pre-Trial Questioning Can Strengthen Your Defense Strategy
The Polygraph Examiner
Andrew Goldstein—A multi-state-licensed and certified polygraph test administrator
I help attorneys (and their clients) uncover the truth through pre-trial polygraph testing, providing clarity in high-stakes negotiations and defense strategy.
The power of a pre-trial polygraph examination for defense attorneys has little or nothing to do with its admissibility. Rather, that power is always found in pre-trial negotiations and case building outside of the courtroom.
Much of the legal debate around polygraph examinations centers on whether their results can be used in court. The short answer: sometimes they are admitted as evidence, but often they’re not.
But that discussion really misses the point. Why worry about the courtroom when the vast majority of criminal cases never see the courtroom?
Wise attorneys have learned to utilize pre-trial polygraph examinations to aid in their case before trial, many times making such a trial unnecessary. Polygraph examinations can and have been used successfully to:
- Convince the prosecutors that the charges against your client are unfounded
- Determine if your client would fare well if offered a police polygraph examination
- Obtain a more favorable plea-bargain and sentence
- Determine if your client is one of the truly innocent victims of false charges
- Diminish the credibility of the prosecutor’s witnesses
- Raise doubts about the alleged victim’s truthfulness
Whatever the specifics of your case, it’s important to consider the strategic benefits of a pre-trial polygraph exam, like its power in pre-trial negotiations, rather than avoiding it out of concern for time or resources.
In an article from Champion Magazine, the publication of the National Association of Criminal Defense Lawyers, Charlie Daniels states:
“Polygraph evidence, like any other evidence admitted in our courts day in and day out, is not infallible. It will rarely win a case in and of itself, and it always has to be one component of an entire defense presentation.
In appropriate cases, however, it can be such an important part that it can mean the difference between your client’s walking out the front door of the courthouse with you and that client’s being carried down to the lockup in shackles.
At the same time, there is no doubt that getting it before the jury or judge requires an extraordinary evidentiary battle. Despite the numerous obstacles, occasionally you can prevail. It is worth the fight.”
Some Ways That Pre-Trial or Post-Trial Polygraphs Are Used in Criminal Defense
- Suppression and other evidence admissibility hearings: If you’re offering a polygraph in a suppression or other evidentiary admissibility hearing, Rules 104(a) and 1101(d)(1) state that the standard rules of evidence do not apply.
- Probation revocation: Apart from pre-trial negotiations, many courts allow results of polygraph examinations in probation revocation proceedings, and most jurisdictions approve requiring such exams as a condition of probation.
- Bench trials: The admissibility hearing, or even the evidentiary proffer, will be made to the judge who is to decide the merits of the case. Even if the evidence from your pre-trial polygraph results is not formally admitted, you will be better off with a fact-finder who is at least aware of its existence.
- Bail: Evidence Rule 1101(d)(3) states that the rules of evidence do not apply to bail hearings, and 18 U.S. Code § 3142(f) confirms that the ‘rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information’ at a detention or release hearing. This conforms with the general practice in all jurisdictions to consider hearsay, proffers, and other such matters at a bail hearing.
- Sentencing: Even if this doesn’t end at the pre-trial negotiations stage and continues to court, the sentencing judge has the authority to consider a wide range of sources and types of information in determining a proper sentence.
- Brady discovery: In the context of a pre-trial polygraph, several cases have addressed the issue of whether the defense is entitled to discover the results of polygraph tests on government witnesses, predictably with mixed results. For example, in Carter v. Rafferty, a polygraph examiner’s report of the examination of the key government informant-witness against boxer Hurricane Carter was Brady impeachment material to which the defense was entitled to use in showing how the trial testimony developed. Once results from a pre-trial polygraph are discovered, they can aid negotiation, support admissibility efforts, or be used creatively to strengthen the defense.
- To show how the witness’s story developed: The fact that the polygraph was administered may be an admissible operative fact in showing why the witness changed his story, whether or not you may admit explicitly the test results. The gist of the polygraph outcome will not likely be lost on the fact-finder if the questioning of the witness is structured properly. Suppose it helps your theory to show that the witness was lying in the pre-trial polygraph exam. In that case, this can be an effective cross-examination tool, especially when used to strengthen your position during pre-trial polygraph negotiations.
- Purposes other than to show directly the results of the test: Many of the above uses allow you to offer the polygraph results for some purpose other than to show that the test results indicate truth or deception. Even hostile courts seem more open to the notion of admitting polygraphs for some purpose arguably unrelated to the truthfulness of the test subject. Think creatively to consider how the facts of your case can support such an argument for the introduction of evidence of a polygraph test.
You may not have the complete truth with which to most effectively defend your client. With my pre-trial polygraph exams, you’ll get the information you need. Contact me anytime at (800) 497-9305 to discuss polygraph testing for your case.
Here are some of our reviews
See what our happy clients are saying on Google and why they trust us for quality service.
It was incredibly difficult to let go of my relationship, but I am grateful to have found Andrew. I believe my partner was trying to throw off the test with his erratic breathing and movements, which actually revealed his deceit.
Afterwards, Andrew showed us both how to interpret the polygraph results and shared a lot of insightful information. Although we didn't get the definitive answer I was seeking, my partner's behavior during the test clearly sealed his own fate. The polygraph was worth every penny because I have complete confidence in the results.
Thank you again, Andrew, for your professionalism, patience, kindness, and reassurance. You provided me with the answers I truly needed!
If you are lying don't use Andrew!
100% accuracy, 100% professional
nonjudgmental and punctual. He is very thorough and honest.
Thank you Andrew for your time , your true empathy . And bring peace to our home.
Try him if you need to clear your name for any reason or situation and want the truth to be know
Thank you
Today was the big day and I couldn't be more pleased with the results- I passed with flying colors.
Due to my marital situation, I have high anxiety but I was at ease and relaxed during the session. Not to say I wasn't nervous, but it was ok. I was comfortable and ready to prove my truth once and for all.
If you feel the need to prove your honesty, give him a call.
I can't tell you the weight that has been lifted off my heart and mind.
Andrew helped me through the process, including recognizing how my anxiety does not have to effect the test. He is certified and licensed through law enforcement and conducts his exams with integrity and precision. If you need to prove your innocence, this is the person you want to see. But if you’re lying, don’t even bother showing up.
He will know!!!
From the moment I arrived, I was impressed by Andrew’s professionalism and the warm, welcoming atmosphere of the examination space. He conducted the exam with care and took the time to thoroughly explain each step of the process, ensuring I knew what to expect. Throughout the session, he was attentive to my questions and made a real effort to put me at ease.
Overall, Andrew’s service exceeded my expectations. I left feeling informed, confident, and well-prepared for the next steps. I highly recommend his services to anyone seeking a professional and compassionate approach to polygraph testing.
He is a reputable man and will reach the truth!
He is very professional with a lot of experience.
It has given me such a great peace of mind, now I can relax.
If you have doubts then take the test, it will help.
Renee C.
I not only got the truth, but I was able to also get some grace with words of advice from him.
I highly recommend his services and encourage you to, if having had a bad experience in the past, or needing a greater depth of knowledge about the process, to give him a call and talk about your options.
Highly recommended if your name &/or relationship are on the line.
Innocent man wins!
Thanks Andrew
I was very comfortable and I felt completely at ease.
Throughout the exam, Andrew’s expertise was evident. He was thorough, attentive, and very patient, making sure I understood the significance of each part of the test. His calm and reassuring presence made what could have been a stressful experience feel manageable and straightforward.
If you can follow instructions and be honest, Andrew is definitely the person you want in your corner. His dedication to his work and his clients is truly commendable. I want to personally thank Andrew for his exceptional service and the professionalism he brings to his career. It was a truly positive experience, and I am grateful for his support and expertise.
Guys if you want to know if your being cheated on or got suspicious activity this guy is your go to guy. He takes the time to teach you how to read the pollygraph and shows examples of liars and truths. So If your wanting to know the truth call Andrew.
Thank you Mr. Goldstein!
Tell the truth and will be the easiest thing you’ve ever done
Ur marriage if accused of cheating
I know myself and I got the results!
Amen!
Thank you for your professionalism and competence sir.
Your pleasant demeanor and authentic representation of your esteemed profession was not only refreshing but also invigorating.
I have never experienced a polygraph examination until this moment. The quality of your character and intention, displayed with such empathy and passion, secured my confidence in your abilities.
Thank you for your contribution to the service of our country.
V/r,
Mr. Christopher D. Coulter "Colt"
ATC Supervisor GS-2152-12
1st Bat.,11th Av. Reg. A Co.
Shell Tower, Ft Novocel AL
The process was a little tiring, but glad he was able to give my spouse the reassurance that he needs!
If truth and integrity do not define your course, don’t bother with this gentleman, he will expose the truth!
Performed a wonderful Polygraph on me. Made me feel very comfortable and understanding of the process. Very professional and I would recommend him to everyone.
This is used as a tool to rebuild trust, and it is most definitely working. Thanks for being so professional and helpful in our journey.
If you want 100% accurate results, book an appointment with him. I would recommend him to anyone seeking the truth!
You are the best it was a long week but now I can move on with my life.
You Will confess.
My life was in turmoil! I was accused of having inappropriate contact with my step granddaughter, which was totally not true.
But yet it was said, so I had to try and clear my name. My wife decided that in our best interest it would be to take a lie detector test. So my wife contacted Mr Andrew Goldstein to perform the test. I was a nervous wreck, not so much from the allegations made against me, but just the thought of taking the test. I know I’m innocent of the accusation, but just having to prove my innocence. I was worried that me being so nervous would affect the outcome. So we go to meet Mr Goldstein to take the test. I explained to him my thoughts and worries about taking the test.
Mr Goldstein was so courteous and knowledgeable. He listened to my every concern, and then he went over how the whole process would take place. He is very committed to his job, and he takes this so serious. He was so professional and so respectful that I was able to feel a lot better about the situation. I did take the polygraph test, and I was found to be “non deceptive”!
I can’t tell you how relieved I was!! I give Mr Goldstein an A-Plus… he was so genuine and truly caring! I don’t think I could have even gotten through this without his Positive attitude!
Thank you Mr Goldstein, for your positive outlook and for being the Professional you are! It was actually a pleasant experience because of your actions!! If by chance anyone has any false accusations they are facing, I’d recommend YOU contact Andrew Goldstein!! It was the best action I’ve taken in a long time!
Thank you again Andrew, for your loyal commitment to your work.
God bless you!!
Sincerely;
Donnie
P.S. You work as if you're 7' tall... 😄
Thank you
Mr. A Goldstein
Thanks again
Thank you God Bless
Hashim Miller.
Thank you Andrew
Areas I Serve
I conduct polygraph exams throughout North and South Carolina and select areas of Georgia to support attorneys and clients during their legal strategies.
- The Polygraph Examiner Lie Detector: Aiken, SC
- The Polygraph Examiner Lie Detector: Aiken, SC
- The Polygraph Examiner Lie Detector: Anderson, SC
- The Polygraph Examiner Lie Detector: Apex, NC
- The Polygraph Examiner Lie Detector: Asheboro, NC
- The Polygraph Examiner Lie Detector: Asheville, NC
- The Polygraph Examiner Lie Detector: Atlanta, GA
- The Polygraph Examiner Lie Detector: Augusta, GA
- The Polygraph Examiner Lie Detector: Boone, NC
- The Polygraph Examiner Lie Detector: Burlington, NC
- The Polygraph Examiner Lie Detector: Burlington, NC
- The Polygraph Examiner Lie Detector: Cary, NC
- The Polygraph Examiner Lie Detector: Chapel Hill, NC
- The Polygraph Examiner Lie Detector: Charleston, SC
- The Polygraph Examiner Lie Detector: Charlotte, NC
- The Polygraph Examiner Lie Detector: Columbia, SC
- The Polygraph Examiner Lie Detector: Concord, NC
- The Polygraph Examiner Lie Detector: Conway, SC
- The Polygraph Examiner Lie Detector: Cornelius, NC
- The Polygraph Examiner Lie Detector: Durham, NC
- The Polygraph Examiner Lie Detector: Fayetteville, NC
- The Polygraph Examiner Lie Detector: Florence, SC
- The Polygraph Examiner Lie Detector: Fort Mill, SC
- The Polygraph Examiner Lie Detector: Fuquay-Varina, NC
- The Polygraph Examiner Lie Detector: Goose Creek, SC
- The Polygraph Examiner Lie Detector: Greensboro, NC
- The Polygraph Examiner Lie Detector: Greenville, SC
- The Polygraph Examiner Lie Detector: Hickory, NC
- The Polygraph Examiner Lie Detector: Hilton Head Island, SC
- The Polygraph Examiner Lie Detector: Huntersville, NC
- The Polygraph Examiner Lie Detector: Lexington, SC
- The Polygraph Examiner Lie Detector: Mint Hill, NC
- The Polygraph Examiner Lie Detector: Mooresville, NC
- The Polygraph Examiner Lie Detector: Mt. Pleasant, SC
- The Polygraph Examiner Lie Detector: Myrtle Beach, SC
- The Polygraph Examiner Lie Detector: North Charleston, SC
- The Polygraph Examiner Lie Detector: Raleigh, NC
- The Polygraph Examiner Lie Detector: Rock Hill, SC
- The Polygraph Examiner Lie Detector: Savannah, GA
- The Polygraph Examiner Lie Detector: Simpsonville, SC
- The Polygraph Examiner Lie Detector: Spartanburg, SC
- The Polygraph Examiner Lie Detector: Sumter, SC
- The Polygraph Examiner Lie Detector: Wake Forest, NC
- The Polygraph Examiner Lie Detector: Wilmington NC
- The Polygraph Examiner Lie Detector: Winston Salem, NC
Why The Polygraph Examiner?
- Multi-state licensed and certified
- Cutting-edge tech and equipment for pre-trial polygraph testing
- Strict adherence to testing protocols established by the American Polygraph Association
- Highly accurate
- Guaranteed confidentiality
- Very flexible scheduling
Start Resolving Doubt with Pre-Trial Polygraph Questioning
I’ve helped many clients and their attorneys use the power of truth to move forward with confidence. If you’re dealing with suspicion, false accusations, or trust issues that could affect legal outcomes, a pre-trial polygraph may be a great first step. Explore the FAQs to learn more or schedule your confidential appointment today.