Rules To Follow When Under Military Investigation
Rule #1: Stop Talking & Hire a Private Civilian Attorney
Don’t talk to the Command. Don’t talk to law enforcement. Don’t talk to your buddies at the barracks. Don’t talk to your mom, your dad, or your significant other. First, call an attorney!
Why should I?
People like the investigating officer or officers, members of the Command, and even your buddies in the barracks may not have your best interest in mind, despite professing the contrary. By speaking to them, you may be giving them the evidence they are missing or breathing life back into a dead or dying investigation.
Another reason: confidentiality. A conversation between you and an attorney remains confidential, so whatever you say stays between you and that attorney. All other people can be compelled to talk (except maybe your spouse), and if they are not an experienced attorney, they likely cannot respond with good, experienced advice.
Rule #2: Know Your Rights
When facing a military investigation, it’s incredibly important that you know your rights under the Uniform Code of Military Justice (UCMJ). Understanding what you are entitled to can protect you from self-incrimination and help ensure that the investigation is handled fairly and lawfully.
What are they?
When under investigation by military law enforcement agencies, every service member has clearly defined rights and protections under military law. Investigators must meet ethical standards, establish probable cause, and follow strict regulatory requirements before taking formal action.
You have the right to remain silent and are not required to answer questions or provide statements that could be used against you. You also have the right to be represented by defense counsel before making any decisions or responding to allegations. An experienced military defense attorney like Aden Wilkie can help you understand your legal options, gather evidence, and ensure that your rights are respected throughout the investigation process.
Rule #3: Keep Doing Your Job
One of the best things you can do when you are in “trouble” is to keep doing your job. Your chain of command is waiting for you to have a bad attitude, be late to work, or get caught doing something worse. So, don’t make it easy for them to make your charge sheet longer or possibly give them an excuse to throw you in the brig.
Why should I?
If you don’t develop an attitude and keep doing your job, your immediate chain of command typically will leave you alone and not make your quality of life miserable. Additionally, if your case does go to trial, it makes it easier to find people at the Command who have a positive attitude about you when cross-examined by your attorney and may be willing to testify on your behalf.
Rule #4: Keep Your Perspective
Being accused of wrongdoing does not mean you are guilty. The government still bears the burden of proof, and in many cases, it is a long way from building a case that can withstand legal scrutiny, and it may never get there.
How can I?
During this uncertain time, it’s important to remember that you have rights and legal protections. Seeking help from a qualified military defense attorney who can explain the process, review the evidence, and outline what to expect can greatly reduce the stress and anxiety that come from not knowing where you stand or what happens next.
Rule #5: Tell Your Attorney the Whole Truth
Remember that anything you tell your attorney must be kept confidential by law under the attorney-client privilege. Hire an experienced military investigation defense attorney you trust and provide them with all the details, no matter how insignificant they may seem, so they can properly defend you.
Why should I?
Your attorney’s ability to defend you is directly related to the amount and accuracy of the information you provide them. Remember, this is your case—and the consequences can be life-altering. You could go to jail, lose your retirement, lose your GI bill, lose your liberty, and potentially be saddled at a very young age with a lifetime stigma of a convicted felon or sex offender.
You were there and know the facts better than anyone. Share those with your attorney so they will know every angle of your case and prevent unexpected issues from arising later in the process.
How to Know if You Are Under Investigation
Recognizing the signs of a military investigation early can help you take steps to protect yourself and your military career. Common indicators include learning that your Command or law enforcement is gathering information about you or your activities. You may also be questioned by investigators, have your property seized, or be restricted to base without a clear explanation.
Another major sign is receiving direct contact or official notice from agencies such as NCIS (Naval Criminal Investigative Service), CID (Army Criminal Investigation Division), OSI (Air Force Office of Special Investigations), or CGIS (Coast Guard Investigative Service). If any of these occur, you should exercise your right to remain silent and contact an experienced military defense attorney immediately.
What To Avoid While Under Investigation
When you are the subject of a military investigation, every action you take can and will influence the outcome of your case. As such, it is crucial to:
- Avoid discussing your situation with coworkers, superiors, or anyone other than your defense attorney, as even casual remarks can be misinterpreted or used against you.
- Never delete messages, destroy records, or tamper with evidence, as doing so can lead to additional charges or disciplinary action.
- Stay off social media and refrain from posting about the investigation in any form, as online comments, photos, or private messages can easily be obtained and used by investigators.
Above all, remaining cautious and following your attorney’s guidance is essential to protecting your rights and your military future.
Immediate Steps You Should Take When Notified of an Investigation
- Stay calm and speak only with your attorney. Do not discuss the case with Command, coworkers, friends, or the alleged victim.
- Preserve potential evidence. Save texts, emails, call logs, photos, location data, and other records from your phone, computer, or cloud accounts; make secure backups without altering file metadata.
- Document interactions. Write down dates, times, locations, and names of anyone who contacts you about the matter, including investigators and potential witnesses.
- Limit communications. Do not post on social media, and do not message the alleged victim or any witness.
- Contact The Wilkie Law Group immediately. Early guidance helps protect your rights, organize evidence, and prepare a strategy tailored to your circumstances.
Possible Outcomes of a Military Investigation
The outcome of a military investigation depends on the evidence gathered and the severity of the alleged offense. In some cases, investigators may find insufficient evidence or determine that no violation occurred, resulting in no action being taken and the case being closed.
For minor misconduct, the Command may impose non-judicial punishment under Article 15, which can include loss of pay, extra duty, restriction, or a reduction in rank. If the investigation reveals more serious or repeated issues, administrative separation proceedings may be initiated, potentially leading to an unfavorable discharge characterization.
In the most serious cases, formal court-martial charges may be filed, exposing the service member to criminal penalties such as confinement or a dishonorable discharge.
How Long Do Military Investigations Take?
The length of a military investigation can vary greatly depending on the circumstances surrounding the allegations and the type of case being reviewed. A command investigation involving minor misconduct or administrative action matters may take only a few weeks to complete, while more serious allegations—such as sexual assault or violent criminal offenses—can take several months or longer.
The Role of a Civilian Military Defense Attorney
An experienced military defense attorney plays a critical role in protecting the rights of service members facing allegations under the military justice system. Unlike appointed counsel, a civilian military defense attorney operates independently from the chain of command, ensuring your defense is focused solely on your best interests. From the initial assessment of your case, your attorney will carefully review witness statements, physical evidence, and the investigation results to identify weaknesses or inconsistencies in the government’s case.
Military Investigation Attorney in Jacksonville, NC
As a seasoned criminal attorney and former Marine, Attorney Aden Wilkie of The Wilkie Law Group understands the unique procedures, expectations, and military regulations that govern the armed forces. Whether you are facing criminal charges, an administrative discharge, or potential disciplinary action, he and his legal team will provide strategic advice, prepare a comprehensive defense, and advocate aggressively on your behalf.
Your career and your future are worth defending – Call (910) 548-7846 or complete our online contact form to schedule a confidential consultation with the Devil Dog Defender today.
