A Handy Guide to Dealing with Military Investigations

Being the subject of a military investigation can derail careers and upend lives. When allegations arise, service members suddenly face intense scrutiny and confusing processes they often need to prepare for. Without proper guidance, the complex world of military justice inquiries can quickly overwhelm.

This article provides a handy guide for any service member facing a command-directed probe, criminal investigation, or administrative board. It outlines critical first steps to take, key rights to invoke, common missteps to avoid, and smart strategies to emerge from an investigation in the strongest position. Following this advice can help protect one’s interests, limit damages, and achieve the most favorable resolutions during challenging military investigations.

Get Legal Counsel Immediately

Upon learning you are under investigation, consulting defense counsel should be your first move. Never go at it alone. Qualified military investigation lawyers are best positioned to guide you through the investigative process and defend against allegations. Be polite but firm, invoking your right to counsel if investigators try questioning you beforehand.

Understand the Investigation Type

There are varied types of military inquiries with different procedures. Common investigations include:

• Command Directed – Unit commanders order these to examine informal allegations of misconduct. They are not full-scale criminal probes.
• Criminal – CID, NCIS, or OSI conduct detailed criminal inquiries into serious alleged violations of the UCMJ. These carry the most risk.
• Boards of Inquiry – These administrative boards investigate matters like misconduct, poor performance, or other issues to determine if separation is warranted.

Know Your Rights 

Members maintain important rights during military investigations that counsel will explain. Key rights include:

• Right against self-incrimination – Statements you make can be used against you, so be extremely cautious.
• Right to counsel – Once requested, investigators can only question you with your attorney present.
• Right to copies of records – Request copies of your entire investigative file, including any sworn statements.
• Right to rebut evidence – You have opportunities to rebut unfavorable evidence and provide counter-evidence.

Avoid Common Missteps

The following innocent mistakes can permanently damage your case:

• Talking too much – Do not run your mouth trying to explain allegations. Only make statements with counsel’s guidance.
• Downplaying misconduct – Admitting even minor wrongdoing can validate accusations.
• Losing composure – Stay professional. Do not get defensive, angry, or emotional.
• Destroying evidence – Never tamper with evidence, intimidate witnesses, or obstruct the probe.
• Making false statements – Lying or misleading investigators leads to additional charges.

Draft Your Rebuttal Statements Carefully

With your counsel’s help, thoughtfully draft written rebuttals to unfavorable evidence in the file. Avoids errors by:

• Sticking to facts, you can prove
• Not speculating about others’ actions
• Avoiding accusatory language against the accuser
• Having counsel review the statement before signing

Consider Your Cooperation Carefully

Cooperating with investigators to provide explanations, statements, and other evidence may help demonstrate innocence and lead to favorable conclusions. However, cooperation also has major risks, like self-incrimination. Analyze the options thoroughly with counsel before deciding on the level of cooperation.

Explore Informal Resolution

For less serious allegations, informal resolutions allow for settling matters administratively rather than through formal disciplinary processes. Often initiated by the accused, common options include:

• Memorandum of agreement – Acknowledges substandard performance or minor misconduct and outlines corrective measures
• Letters of reprimand or censure – Formal letters of criticism placed in your records. It allows for avoiding an investigation file

Again, only pursue such options after in-depth discussions with counsel about their implications.

Conclusion

You are rigidly safeguarding your rights and interests while subject to investigation, which can counterbalance the impact of the sanction on your career and future. Never take military inquests lightly. The most important step is to obtain qualified legal help right from the beginning of the process and continue through the entire proceeding. After that, it is just as important to learn your rights through and through. Diligence and skillful preparation, together with your attorney, is the only way to achieve the best possible outcome as you navigate through the complex and difficult trial process.