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First 24 Hours After OSI Contacts You: What Airmen and Guardians Should Do

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Quick answer

If the Department of the Air Force Office of Special Investigations (OSI) 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 Area Defense Counsel (ADC), 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). OSI agents read the Article 31(b) rights before questioning a suspect and ask whether you waive them. If you agree to give a written statement, it is usually taken on an AF Form 1168. Waiving your rights and writing a statement are your choices, and you can decline both.
  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 Area Defense Counsel (ADC), hire a civilian military defense lawyer, or both.

What usually happens next

Your command may remove you from certain duties, suspend access or a clearance, or issue a military protective order 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 OSI investigation can lead to a Letter of Reprimand and Unfavorable Information File, an Article 15, an administrative discharge board (DAFI 36-3211) 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 OSI 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 OSI?

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 OSI?

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. Airmen and Guardians under investigation can talk to free military defense counsel through the Area Defense Counsel (ADC). You may also hire a civilian lawyer, and the two can work together.

If OSI 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 OSI Contacts You: What Airmen and Guardians Should Do with Michael Waddington

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