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First 24 Hours After NCIS Contacts You: What Sailors and Marines Should Do

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Quick answer

If the Naval Criminal Investigative Service (NCIS) contacts you, do not answer questions about the allegation until you have talked to a lawyer. Say politely that you want to speak with a lawyer before any interview. Do not consent to searches of your phone, room or car, but never resist or destroy anything. Do not contact the person who made the allegation or the witnesses. Then call a lawyer the same day: free military defense counsel through the Navy Defense Service Office or the Marine Corps Defense Services Organization, a civilian military defense lawyer, or both.

What to do in the first 24 hours

  1. Stay calm and stay polite. Be respectful to the agents. Give your name and unit if asked.
  2. Do not answer questions about the allegation. You have the right to remain silent, and anything you say can be used against you (Article 31(b), UCMJ, 10 U.S.C. § 831). NCIS special agents are civilian federal agents. Before questioning a suspect, they read the Article 31(b) rights and usually ask you to sign a written waiver. Signing it is your choice, and you can decline.
  3. Ask for a lawyer. Say clearly: “I want to talk to a lawyer before I answer any questions.” If you are in custody and ask for a lawyer, questioning must stop (Mil. R. Evid. 305). Agents may still ask to talk to you later; your answer can stay the same.
  4. Do not consent to searches. If asked to unlock your phone, give a passcode, or let agents search your room or car, you can say “I do not consent.” If they have a search authorization, do not resist (Mil. R. Evid. 315 and 316).
  5. Do not delete or destroy anything. Deleting messages, photos or accounts after you learn of an investigation can be charged as obstruction of justice (Article 131b, UCMJ, 10 U.S.C. § 931b). Keep everything, including the evidence that helps you.
  6. Do not contact the complainant or the witnesses about the allegation, and obey any no-contact order or military protective order.
  7. Do not talk about it with coworkers, friends or family, or online. Those conversations are not privileged, and people can be interviewed about what you said.
  8. Write down what happened, for your lawyer only. Note dates, times, names and where evidence can be found while your memory is fresh. Keep it private and give it only to your lawyer.
  9. Call a lawyer the same day. You can get free military defense counsel through the Navy Defense Service Office or the Marine Corps Defense Services Organization, hire a civilian military defense lawyer, or both.

What usually happens next

Your command may restrict your liberty or duties, issue a military protective order, or start administrative paperwork while the investigation is open. If the allegation is a covered offense such as sexual assault, a special trial counsel, not your commander, decides whether the case goes to court-martial (10 U.S.C. § 824a). An NCIS investigation can lead to nonjudicial punishment (captain’s mast for Sailors, office hours for Marines), Page 11 or 6105 entries for Marines, an administrative separation board (MILPERSMAN 1910 series for Sailors, MCO 1900.16 for Marines) or a court-martial.

What you do in the first day often shapes every step after it. A statement you give now can become the main evidence against you at a court-martial, a board or a reprimand.

What not to do

  • Do not “just explain your side” to NCIS to clear things up.
  • Do not agree to a polygraph before talking to a lawyer. See a military investigator wants me to take a polygraph.
  • Do not sign anything you have not read and understood.
  • Do not wait to see whether the investigation goes away.

Frequently asked questions

Do I have to talk to NCIS?

No. You have the right to remain silent about the allegation (10 U.S.C. § 831). You should still give your name and unit and treat the agents with respect.

Will asking for a lawyer make me look guilty?

Asking for a lawyer is your legal right, and it cannot lawfully be used as evidence of guilt. It is also the step that protects you most.

Do I have to unlock my phone for NCIS?

You can decline to consent to a search. If agents have a search authorization, they can seize the phone. Do not resist, and do not delete anything (10 U.S.C. § 931b).

Can I get a free military lawyer?

Yes. Sailors and Marines under investigation can talk to free military defense counsel through the Navy Defense Service Office or the Marine Corps Defense Services Organization. You may also hire a civilian lawyer, and the two can work together.

If NCIS has contacted you, call Gonzalez & Waddington at 1-800-921-8607 or text 954-799-4019 before you answer any questions.

This page is general information, not legal advice. Every case depends on its facts. Prior results do not guarantee a similar outcome.

First 24 Hours After NCIS Contacts You: What Sailors and Marines Should Do with Michael Waddington

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