Pause before making a statement.
If you are being questioned as a suspect, ask for legal advice before providing oral or written statements about the allegation.
Military Defense / Investigations
Under Military Investigation?Protect Your Rights First.
If investigators or your command are questioning you about suspected misconduct, the decisions you make now matter. Before making a statement, speak with defense counsel who understands military investigations.
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What should you do right now?
If you are suspected of an offense, you may have important protections under Article 31 of the UCMJ. You can respectfully assert your rights and request a lawyer rather than trying to explain your way out of the situation.
Words you can use
“I respectfully wish to remain silent, and I would like to speak with a lawyer before answering questions.”
State your request clearly. Do not assume remaining quiet by itself communicates that you are invoking your rights. Military defense guidance on invoking rights →
Don't delete or alter anything.
Preserve relevant messages, documents, and records. Avoid discussing allegations with potential witnesses or posting about them publicly.
Speak with a defense attorney.
Get advice specific to your role, service, the type of investigation, and any deadlines or lawful orders you may have received.
Your Phone & Digital Accounts
Before sharing access to your devices, get legal advice.
Phones, messages, photos, cloud accounts, and computers may contain information relevant to an investigation. Requests for access can raise different questions depending on consent, a lawful order, a warrant or authorization, and the type of device.
Ask what authority is being relied on.
Before voluntarily consenting to a search or giving someone a password, ask whether the request is voluntary and ask to consult defense counsel.
Ask about Face ID, fingerprints, and passcodes.
Rules governing compelled device access can differ. Do not assume biometric unlocking and disclosing a memorized passcode have identical legal treatment.
Preserve existing records.
Do not delete, hide, factory-reset, remotely wipe, or alter potential evidence, accounts, or messages. Do not interfere with a lawful search or order.
Discuss security-setting changes with counsel.
Changing biometric unlock settings in response to an investigation may raise preservation or compliance issues. Get case-specific advice before acting.
This information is general education, not a guarantee against a lawful search. A defense lawyer can assess the request and your obligations in your circumstances.
What should you avoid?
- Trying to clear things up through an informal interview before receiving legal advice.
- Sending explanations or apologies about the allegation over text, email, or social media.
- Contacting witnesses to coordinate accounts or attempting to change or destroy records.
- Assuming every question or directive can be ignored. Continue to follow lawful orders; counsel can help distinguish protected questioning from other obligations.
Understand the Basics
Your Rights During a Military Investigation
What is Article 31(b) of the UCMJ?
Article 31(b) requires specified rights warnings before covered questioning of a person accused or suspected of an offense, including the nature of the accusation, the right not to make a statement about it, and that a statement may be used as evidence at court-martial. The applicability of Article 31(b) depends on the circumstances.
Do I have the right to talk to an attorney?
Suspects have important consultation rights in military criminal questioning. The availability and type of appointed or retained counsel can depend on the circumstances. Request defense counsel clearly, and seek legal advice before deciding whether to make a statement.
What if I've already spoken to investigators?
Request counsel now. Tell your attorney what you said and whether you signed anything. Do not attempt to revise your account or contact witnesses to repair it on your own.
Does this apply to command-directed or administrative investigations?
Different processes and duties may apply. Whether you are a suspect, witness, or respondent matters. A lawyer can help you understand your rights and obligations in the particular proceeding.
General educational information, not legal advice. Individual rights and duties depend on the facts and governing rules. Joshua should review all legal descriptions before publication.
The VML Perspective
Get advice before the stakes escalate.
As a former Air Force Senior Prosecutor and Senior Defense Counsel, Joshua Tolin brings experience from both sides of military justice matters to the decisions you face.
Have investigators contacted you?
Discuss what happened and what to do next with Veritas Military Law.
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