2026 Guide for Service Members Under Military Investigation
TL;DR: If you’re under a military investigation — CID, NCIS, OSI, CGIS, AR 15-6, command-directed, or any UCMJ inquiry — your next steps can make or break your future. This guide explains the critical rules that protect your rights, career, and reputation.
How Gonzalez & Waddington Helps: Our firm shields you from investigators, preserves evidence, controls communications, and builds a battle-ready defense from day one so you never face the military justice system alone.
Rule 1: Secure Qualified Legal Counsel Immediately & Understand Your Rights
Under UCMJ Article 31(b), you must be told what crime you’re suspected of, reminded you don’t have to answer, and warned that anything you say may be used against you. Investigators often use rapport-building or psychological techniques to coax statements.
Rule 2: Never Consent to Searches of Your Phone, Home, Car, or Property
Once you voluntarily hand over your phone or provide a passcode, investigators may get access far beyond what you intended. Consent often waives protection against intrusive search methods.
Rule 3: Preserve All Evidence — Digital and Physical
Deleting messages, clearing apps, or losing documents can appear as obstruction. You must preserve all potential evidence, even material you think is irrelevant.
Rule 4: Avoid Discussing the Investigation with Anyone
Social media posts, private conversations, or casual remarks can become evidence. Even innocent comments may be misinterpreted or used to accuse you of influencing witnesses.
Rule 5: Route All Investigator or Command Contact Through Your Lawyer
Talking to investigators without counsel risks misstatements or contradictions. Even routine “clarifying questions” are used to build a case against you.
Rule 6: Obey Every Order and Restriction — Even If You Disagree
No-contact orders, duty restrictions, or reassignment may feel unfair. But violating them creates new allegations and strengthens the government’s hand.
Rule 7: Take Care of Your Mental and Physical Health
Investigations are psychologically draining. Poor sleep, anxiety, or emotional volatility can affect how investigators, commanders, or boards view you.
Rule 8: Start Building Your Defense Immediately
Collecting timelines, messages, witness names, receipts, travel logs, and digital evidence early can make the difference between a dismissal and a court-martial.
Rule 9: Use Proper Legal Channels for Records — Avoid Unauthorized Access
Trying to retrieve records yourself can be mistaken for tampering or unauthorized access. Military systems track every login and retrieval.
Rule 10: Remain Professional and Disciplined Throughout the Investigation
How you behave during the investigation often influences command decisions, board outcomes, and administrative actions more than the allegation itself.
Why Work with Gonzalez & Waddington
Facing military investigators alone is dangerous. Gonzalez & Waddington has defended service members in the most serious UCMJ cases across the globe. Our strategies protect careers, prevent missteps, and build powerful defenses long before a case reaches a courtroom or separation board.
Call 1-800-921-8607 or visit ucmjdefense.com for a confidential consultation.