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Investigation by military investigative services
(AFOSI, NCIS, CID, CGIS) or commander directed
investigations

Being under investigation can be an extraordinarily
frightening and confusing experience. Members who are
under investigation often think they can talk themselves
out of the situation by cooperating with an investigation.
Many times, by the time the command or investigators
are talking to you, they have already made up their minds
and are simply trying to elicit an incriminating statement
to fit their version of what they think happened. They are
not there to help you. Talking to them without an
attorney will hurt you. Clients who do this provide the
government with evidence it is not entitled to and make
the defense of the client's case more difficult. For this
and other reasons, military members who are facing
investigation can benefit from counsel as early as
possible during the investigation.

There are important rights that every military member
has. It is our experience that frequently, members do not
know their rights, and do not exercise them because they
do not understand how critical they are. By doing this,
they often put themselves in legal jeopardy, hand the
government evidence it is not entitled to, and
compromise the later defense of their case.

These rights include:

ARTICLE 31 RIGHTS. When a military member is
suspected of an offense under the Uniform Code of
Military Justice, another military member (or military
investigator) who wants to question them for purposes of
investigation or disciplinary action must advise the
member of the rights under Article 31 of the Uniform
Code of Military Justice. This includes the right to be
advised of the general nature of the offense of which you
are suspected, your right to remain silent, and the
consequences of giving a statement. While not part of
Article 31, you also have the right to counsel (under the
U.S. Constitution) and must be advised of that right as
well. If a military member invokes the right to remain
silent or the right to counsel, all questioning must stop.

CONSENT. Military members cannot be forced to
consent to a search of their person or property. Consent
must be voluntary. If investigators obtain the appropriate
search authority based on probable cause, or if the
search is part of an inspection, a search may be
conducted without your consent.

PRETEXT PHONE CALL. Military investigative services
sometimes use this technique to obtain evidence they are
not otherwise entitled to. For example, in a rape case,
the military investigator may ask the alleged victim to call
you and attempt to elicit incriminating statements from
you while the investigators listen in on the call. You do
not have to talk about your case. This is one of the many
reasons why defense counsel often advise their clients to
talk to no one except the client's attorney about the case.
Those statements may be used against you at a later
court-martial proceeding or other disciplinary action.

You do not have to wait until court-martial charges are
preferred to obtain counsel. We regularly represent
members who are under investigation.

If you are under investigation, please call us toll-free at
1-877-569-6941 for help.