Called to CID, NCIS, OSI, or CGIS for an Interrogation – Here’s what you can expect.
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What to expect if you are a criminal suspect and you are brought to law enforcement for an interrogation
Criminal defense lawyer, Michael Waddington, discusses what you should expect if you are called to CID, NCIS, OSI, or CGIS for questioning or if you are the suspect of a military crime.
Being brought in for interrogation by law enforcement as a criminal suspect can be a stressful and intimidating experience. Understanding what to expect can help you navigate the process more effectively. Here’s a breakdown of what typically happens:
1. Miranda Rights
- Upon being taken into custody for interrogation, you should be read your Miranda rights. This includes the right to remain silent and the right to a criminal defense attorney. These rights are crucial for protecting yourself legally.
2. The Interrogation Process
- Interrogations are designed to elicit information about a crime. Police officers may employ various techniques to gather this information. They might ask a series of questions, present evidence, or use psychological tactics.
3. Presence of an Attorney
- You have the right to have an attorney present during the interrogation. It’s advisable to request one before answering any questions, as anything you say can be used against you in court.
4. Voluntary Statements
- If you choose to speak without an attorney, your statements are considered voluntary. It’s important to be cautious about what you say, as misunderstandings or misinterpretations can occur.
5. Non-Coercive Environment
- Law enforcement officers are not allowed to use coercion, threats, or physical force during an interrogation. If you feel that your rights are being violated, it’s important to make a note of these instances for future legal proceedings.
6. Length and Conditions of Interrogation
- There’s no set time limit for an interrogation. It can last several hours and, in some cases, might continue over multiple sessions. The conditions should be humane, without any form of torture or cruel treatment.
7. Recording of the Interrogation
- Many jurisdictions require that interrogations be recorded. This is to ensure that the process is conducted fairly and to provide a clear record of what was said during the interrogation.
8. Potential Outcomes
- After the interrogation, several outcomes are possible. You might be released, charged with a crime, or held for further investigation. The decision depends on the evidence gathered during the interrogation and the overall investigation.
9. Legal Representation and Support
- It’s crucial to seek legal representation as soon as possible. A lawyer can guide you through the legal process, advise you on your rights, and help you build a defense if you are charged.
10. Emotional and Psychological Impact
- Being a suspect and undergoing interrogation can be emotionally taxing. It’s important to seek support from friends, family, or professionals to cope with the stress and anxiety that may arise.
Understanding your rights and the interrogation process is essential if you find yourself in this situation. Always remember that you have the right to remain silent and the right to an attorney, and these should be your primary considerations before engaging in any conversation with law enforcement officials.
Below is a transcript of the video Called to CID, NCIS, OSI, or CGIS for an Interrogation. Here’s what you can expect.:
My name is Michael Waddington, and I’m a criminal defense attorney. I want to talk briefly about what you can expect if you get brought into CID. NCIS, OSI, or CGIS. First of all, they might not give you a heads-up. So you might have a commander drive you there, thinking you will turn in some equipment or run to the PX. And next thing you know, you’re dropped off at law enforcement.
First, you should make sure your phone is off and don’t bring it in there because once you bring it in there, they’ll take it, and you’re probably never getting it back. Even if it’s unsubstantiated, it is a fight to get phones back from law enforcement once they seize it. If they have a search warrant, they must take it. But you don’t want to be volunteering your phone to them.
What they’re going to end up doing is digging through your phone, maybe with your consent, and looking for anything they can use against you. Once you get inside, they’ll probably tell you to have a seat. There are usually some crappy chairs in there with some outdated magazines or some hunting magazines, and they’ll often leave you there with the camera on you for hours. And so they do that on purpose. They’re probably watching behind the camera because there’s a camera in almost every one of these offices.
They can see who’s there, and they’re back. They’re eating Twinkies, joking around, just trying to build up your anxiety. So what you can do when you get there is immediately tell them that you want an attorney. You’re being ordered to come here.
You know that they may take your fingerprints or DNA, which they can do, and your photograph, and tell them you’re not speaking to them. You want an attorney and ask them, am I free to leave when they know you mean business and won’t make a statement or consent? Then, it made their day more accessible, and they wanted to eliminate you. But when they think you’ll try to talk to them or explain yourself or that you’re easy prey, they will leave you sit there. So a lot of times, once they bring you back into their offices, they’ll put you in a room. It’s an interrogation room. It usually has a two-way mirror with a video camera, and it has some crappy chairs in the corner, and they’re going to put you in the corner.
They do that if they think you’ll talk if you tell them again, I want a lawyer, or I have one. That’s the best scenario. I have a lawyer. Here’s their information. Please call them right now. That’s usually the end of it. They’re going to be like, ok, uh, let me just get your fingerprints, DNA, and photographs, and we’ll get you out of here. But when they don’t think you have a lawyer, they will move into what’s called Rapport building. Rapport building is where they just BS with you. Like, oh, hey, I hear you’re from Pittsburgh about the Steelers this weekend. Uh, What about that interception? Hey, I heard you deployed. Uh, what unit were you with? And they, when they think you are going to talk, they put someone in there who can identify with you.
So if you’re an African American person from Saint Louis, they might put someone in there that is from your, you know, racial background or, uh, religion or, you know, demographic area and they’ll put them in there with you, to try to build rapport by rapport. What I mean is build up like some friendship, some bonds, right? Like our buddies, they usually do that for anywhere from 20 to 30 minutes. But they’re following a script. Ok? Their script tells them to do these things. Their training tells them to do them. So by the time they’re doing report building, they think they have you on the ropes, like, we are going to get this guy to make a bunch of statements and use them against them.
And then they say, ah, I got a little legal technicality here, uh, and they’ll whip out like a legal technicality, which is your constitutional right to an attorney. And they’ll make it sound like it’s nothing. Just sign right here. And, you know, that’s when you realize what you’re being accused of. Ok. Now, even if you tell them in the beginning, hey, I want a lawyer, they will make you sign that document invoking on paper. So, they have it documented. So you get to see usually what is on the paper anyway. A lot of times, people see what’s on the paper, like what the hell, kidnapping and child rape.
Like, I thought I was brought down here for underage drinking, and they’re filming this whole thing, ok? And they do that for the shock, and then they say, listen, you’re not accused, we just, we got some information, we need to clarify a few things, and they start trying to BS with you and a lot of people want to start talking what they’re doing is these are professionals. They have someone outside the room who’s usually very seasoned, some warrant officer in many branches telling them what to do, and what they’re doing is little by little getting you to admit to things. It can be straightforward things like Hey, do you know this person? Yeah. When was the last time you saw them? And they’re looking to see if you admit to specific elements or if they think you’re lying about some aspects because, in their mind, they have made up like you’re guilty. This person said something happened. They believe the victims.
They will all tell you that. Nowadays, they’ll just admit it. We start by believing the victims. We don’t investigate the victims and so forth. So, they will continue to interrogate you and escalate it. If you say, I didn’t, I didn’t do that. That’s a denial, right? You’re denying it. They have a manual. It tells you how to deal with denials. So, they deal with denials by framing the following questions with two incriminating answers. We think it’s one of two ways: you either had sex with someone who maybe had a little bit too much to drink, and you maybe thought she wanted it, right? Or you’re a goddamn rapist, which is it?
Now notice there both of those can point to guilt, like you had sex with someone that was too drunk to consent or you just straight up raped the person. So they’ll keep going and going. So until you tell them I want a lawyer, am I free to leave? I want a lawyer. Am I free to leave? You will be stuck there going round and round, sometimes 6789, 10 hours, and they’ll bring you food, coffee, snacks on the camera looking like, you want a Burger King? Well, here you go.
What’s your favorite Coke? They do that. So that on cross-examination at your trial, they can say, hey, I offered this guy a coke, and I even bought him a double whopper, the bacon, and he ate it all. And we sat there together. So there’s no coercion. That’s why they do that once you ask them repeatedly, am I free to leave? I want an attorney. You will be allowed to leave and return to your unit unless and until you do that, they will keep you there.
So the bottom line is it’s advisable to seek out an attorney immediately if you’re brought to any of these law enforcement investigation offices or questioned or read to your rights. That is the best way to ensure you know what you’re dealing with. You won’t know how to deal with professional law enforcement agents and their team of prosecutors. If you have any questions, you can contact my firm or any other lawyer competent to represent you in a military criminal case.