Military Investigations • Gonzalez & Waddington
Gonzalez & Waddington is a civilian military defense firm, founded by Michael Waddington and Alexandra Gonzalez-Waddington, that has defended service members at courts-martial and in UCMJ matters worldwide for more than two decades.
Quick answer
Not without first speaking to a lawyer. A polygraph is voluntary. Military Rule of Evidence 707 makes polygraph results and the fact that you took or refused a polygraph inadmissible at court-martial. The real risk is the interview before and after the test: anything you say in those sessions can be used against you. Gonzalez & Waddington generally advises suspects not to take a government polygraph unless counsel has evaluated the case and agrees it serves a clear purpose.
Why investigators ask
Investigators often use a polygraph as an interview technique. A long pre-test interview and a post-test session where the examiner says you showed deception are common settings for statements and admissions.
You can say no
Refusing a polygraph cannot be used against you at trial. Say politely that you want to speak with a lawyer first.
When a polygraph may make sense
In limited cases, a lawyer may arrange a private polygraph through a defense examiner, with results protected by attorney-client privilege, to support negotiations. That is a strategic decision made with counsel, not a test taken alone at an investigator’s request.
Why service members choose Gonzalez & Waddington
Gonzalez & Waddington, LLC is a civilian military defense firm representing U.S. service members worldwide. Michael Waddington is a former Army JAG prosecutor, Trial Defense Counsel and Senior Defense Counsel who has practiced military criminal defense for more than 25 years and has litigated more than 200 contested trials. Alexandra Gonzalez-Waddington is a founding partner with more than 20 years of military and criminal defense experience and a former Georgia public defender. Together they have written 14 books on military justice, cross-examination and trial advocacy, and both teach other lawyers at national CLE programs. The firm limits its caseload so the senior lawyers stay directly involved from investigation through trial or board.
What to bring to a consultation
- Any paperwork you received: rights advisement, notification memo, reprimand, charge sheet or investigation notice.
- A short timeline of events and the investigation so far.
- Names of key witnesses.
- Messages, emails, photos or records, preserved in their original form.
- Every deadline and suspense date you have been given.
Video transcript
Transcript of the video “Military Investigator Wants Me to Take a Polygraph — Should I Agree?,” with Michael Waddington of Gonzalez & Waddington.
Read the full transcript of this video
A military investigator wants me to take a polygraph. Should I agree? No. Never take a law enforcement polygraph. And here’s the part most people don’t know. The results can’t even be used at your court-martial. I’m Michael Waddington, civilian military defense lawyer and co-founder of Gonzalez & Waddington. The polygraph is not a lie detector. It’s an interrogation tool, and I’ll show you exactly how it’s used against you.
Start with the law. Military Rule of Evidence 707 says polygraph results, the examiner’s opinion, and any reference to taking or refusing a polygraph are inadmissible at a court-martial. Full stop. The panel will never hear that you passed. They’ll never hear that you failed. They’ll never hear that you refused. So, the test itself has zero value to your defense. Then, why do CID, NCIS, and OSI push it so hard? Because of what happens around the test.
A polygraph session has three parts, and only the middle one involves the machine. Part one is the pretest interview. The examiner spends an hour or more getting to know you and going over the questions. You’re not hooked up yet. You think it’s small talk. It’s an unrecorded interrogation, and everything you say is a statement. Part two is the test. Sensors measure breathing, blood pressure, and sweat. The examiner asks control questions and relevant questions.
The science is contested, and the error rates are high enough that federal courts and Rule 707 exclude it. Nervous innocent people fail. Calm guilty people pass. Part three is the post-test interview, and this is the whole point. The examiner comes back and says you showed deception, whether or not the charts actually show it. Then, they say the machine doesn’t lie, so help them understand why. This is where confessions happen.
People who’ve just been told a scientific instrument caught them start explaining, minimizing, agreeing to partial versions. That statement is admissible even though the polygraph isn’t. Here’s what to say when they ask. I decline to take a polygraph. I want a lawyer and I’m not answering questions. You can’t be ordered to take one and your refusal can’t be mentioned at trial. Is there ever a reason to take one? Occasionally, a defense lawyer will arrange a private confidential polygraph with an independent examiner.
If the client passes, the lawyer might use it in negotiations with a convening authority. If the client fails, nobody ever knows. That is completely different from a law enforcement polygraph and it’s a decision your lawyer makes with you, not one you make alone in an interview room. At Gonzalez & Waddington, we’ve seen more cases made in the post-test interview than by any other single technique. The polygraph is a stage set for a confession.
So, a military investigator wants you to take a polygraph. Should you agree? No. Decline it, invoke your rights, and call us. I’m Michael Waddington with Gonzalez & Waddington. We defend service members worldwide. You can learn more at ucmjdefense.com or call 1-800-921-8607 for a free confidential consultation.
Frequently asked questions
Do I have to take a military polygraph?
No. It is voluntary.
Are polygraph results used at court-martial?
No. Results and references to taking or refusing a polygraph are inadmissible under Military Rule of Evidence 707.
Can my statements during a polygraph be used?
Yes. Statements made before, during or after the test can be used against you.
Will refusing make investigators think I am guilty?
They may say so, but refusal cannot be used as evidence at trial. Protecting your rights is the safer course.
Speak with a civilian military defense lawyer
If you are dealing with this now, the next step is a confidential conversation about the allegation, the evidence, your deadlines and what is at stake. Gonzalez & Waddington represents service members worldwide.
Call 1-800-921-8607 or text 954-799-4019 to request a consultation.