Being accused of a crime is a daunting experience for anyone, but for military members, it can feel even more overwhelming. Your military career, built over years of dedication and service, hangs in the balance, and the fear of losing everything can be paralyzing. Whether you tested positive on a urinalysis, were read your rights, or have been interviewed by military investigators for a serious accusation such as sexual assault, the uncertainty of what comes next is often the most frightening part.
In this comprehensive guide, we will walk you through the process of a military accusation being investigated, who military investigators are likely to interview, and how evidence can be gathered and analyzed. We will also describe how a military chain of command reviews a law enforcement report after it is complete and what options exist for military commanders to dispose of criminal allegations. Finally, we will provide three essential legal tips for how a military member should act or behave during a criminal investigation.
Whether you are in the Air Force, Army, Coast Guard, Marine Corps, Navy, or Space Force, understanding the process of a criminal investigation is critical for service members facing allegations of wrongdoing.
Immediately After You’ve Been Accused
Understanding Your Rights
As soon as you are accused of a crime, military investigators will become heavily involved. This may include Air Force OSI, Army CID, or NCIS. They may ask for your consent to search your home, workplace, phones, or computers. Additionally, they may request to swab your cheek for DNA analysis or ask for passwords to all your personal devices. It is crucial to understand your rights under military law and make informed decisions about what you consent to.
If you haven’t already been interviewed by investigators, you will be. Before they can question you, they must advise you of your rights under Article 31 of the Uniform Code of Military Justice (UCMJ). These rights include:
- Your right to remain silent: You are not obligated to say anything.
- Your right to consult with an attorney: This includes a military attorney provided free of charge.
- Your right to stop answering questions at any time. You may end questioning whenever you wish.
Military investigators are also required to inform you of the specific accusations against you. Knowing these details is critical when deciding whether to speak to investigators or invoke your right to remain silent. Importantly, your choice to remain silent cannot be held against you.
During the Investigation
Working with Your Defense Attorney
While the investigation is ongoing, it is essential to work with an experienced defense attorney. You will be assigned a military defense attorney free of charge, or you can choose to hire an experienced civilian defense attorney. Your attorney should keep you informed with regular updates about your case. Your military defense attorney can also be actively involved in the investigation, communicating with law enforcement or the prosecutor’s office to help tell your side of the case.
Protective Orders and Duty Restrictions
In cases involving accusations like sexual assault, expect to receive a protective order. This order will prohibit you from contacting the person who has accused you. It is vital to comply strictly with this order, as any violation could result in additional legal trouble and be used as evidence against you in the military justice system.
If you are scheduled to deploy, separate, retire, or relocate, you can expect to be placed on hold. During this period, you might be reassigned to a different work center or unit. While this can feel like abandonment or a loss of trust in your leadership, it is crucial to remain focused and perform your duties diligently. How you respond to these challenging circumstances can significantly impact the perception of your character, especially if your case goes to trial in a military court.
Investigators Contacting Your Network
Military investigators will likely contact your friends and family, asking them questions about you and your life. They may also interview other members of the armed forces about you and your military career. This process can feel incredibly invasive and personal. It is important not to interfere with this process. Instructing friends or family not to speak with investigators could be considered obstruction of justice. Always avoid any actions that could be construed as interference with the investigation.
Military investigations can be lengthy, sometimes extending beyond a year. Patience is key, as is maintaining close consultation with your defense attorney to ensure you are doing everything possible to address the accusations.
How Evidence is Gathered and Analyzed
Collection and Handling of Evidence
Evidence collection in military investigations can be thorough and meticulous. Investigators may gather physical evidence, electronic records, and witness testimonies. They may search your personal and professional spaces, collect DNA samples, and analyze digital footprints. This may all feel very invasive, but good military investigators know how to properly investigate criminal offenses.
Interviewing Witnesses
Investigators will interview a wide range of individuals, including colleagues, supervisors, subordinates, other military personnel, and family members. These interviews aim to gather a comprehensive picture of the incident and your character.
Forensic Analysis
Forensic analysis can include DNA testing, digital forensics, and other scientific methods to analyze the evidence. This process helps build a case either for or against the accused, and the findings play a crucial role in the subsequent legal proceedings.
Reviewing the Law Enforcement Report
Chain of Command Review
After the investigation concludes, the law enforcement report is reviewed by your chain of command. This review process is critical as it influences the decision on how to proceed with the case.
Options for Disposing of Allegations
Military commanders have several options for disposing of criminal allegations:
- Administrative Action: Your command may elect to issue some administrative action, such as a counseling or letter of reprimand.
- Non-Judicial Punishment (NJP): This is a disciplinary action that is less severe than a court-martial and can result in administrative penalties.
- Administrative Separation: In some cases, commanders may opt for administrative separation, leading to potential discharge from the military or a separation board.
- Court-Martial: For more serious criminal charges, the case may be referred to a court-martial, which is the military’s criminal trial process.
Preferral of Charges
In the military, being officially charged with a crime is known as “preferral of charges.” Even before charges are preferred, you should be working closely with an experienced defense lawyer to ensure your interests are protected. Having someone advocate for you at every stage is crucial.
If charges are preferred against you, the process toward a court-martial begins. Your case may be sent to a summary court-martial, a special court-martial, or a general court-martial. Each type of court is slightly different. But in any case, you will face several steps, including a preliminary hearing, referral of charges, and an arraignment where you will appear before a military judge. At each of these stages, having a seasoned defense counsel to represent your interests is essential.
Three Legal Tips for Military Members During an Investigation
1. Exercise Your Right to Remain Silent
One of the most crucial rights you have is the right to remain silent. Refrain from making any statements to investigators without consulting your defense attorney first. Anything you say can be used against you. Likewise, remaining silent cannot be held against you — a right protected by the Uniform Code of Military Justice and the Manual for Courts-Martial.
2. Do Not Interfere with the Investigation
Avoid any actions that could be perceived as interference with the investigation. This includes instructing others not to speak with investigators or attempting to influence potential witnesses. Such actions can lead to additional charges of obstruction of justice.
3. Maintain Professionalism and Composure
Throughout the investigation, it is vital to maintain your professionalism and composure. How you conduct yourself can impact the perception of your character and integrity. Follow all orders, comply with restrictions, and continue to perform your duties to the best of your ability.
Conclusion
Facing a military criminal investigation can be an incredibly stressful and uncertain time. However, understanding the process and knowing what to expect can help you navigate this challenging situation more effectively. By exercising your rights, avoiding interference with the investigation, and maintaining your professionalism, you can better protect your interests.
At The Military Defense Firm, we specialize in handling military criminal investigations and court-martial representation. Our experienced law firm is dedicated to defending your rights and ensuring a just outcome for your case. If you are facing a military investigation, don’t hesitate to reach out to us for a free initial consultation. We are here to provide the expert legal support you need during this difficult time.
Schedule your free consultation today and take the first step toward safeguarding your future.