Aggressive Military Defense Lawyers: Gonzalez & Waddington

Watch the military defense lawyers at Gonzalez & Waddington break down how they defend service members worldwide against UCMJ allegations, CID/NCIS/OSI investigations, court-martials, Article 120 cases, administrative separations, and GOMORs. If you’re under investigation or facing charges, this video explains what your rights are and how experienced civilian military counsel can make the difference.

What Triggers a Military Investigation

Military investigations can begin in far more ways than civilian criminal cases. Many service members do not realize they are under investigation until damage has already been done.

• Command-directed investigations
• Criminal investigations by CID, NCIS, OSI, or CGIS
• AR 15-6 investigations
• Inspector General complaints
• Equal opportunity or sexual harassment complaints
• Safety mishaps or line-of-duty inquiries
• Anonymous tips or third-party allegations

You do not need to be charged, arrested, or even accused formally for your rights to be implicated.

Your Right to Remain Silent Under the UCMJ

Article 31(b) of the UCMJ provides protections that are broader than civilian Miranda rights, but they are also routinely misunderstood. Any military member questioning you in an official capacity who suspects you of an offense must advise you of your rights before asking questions.

• You have the right to remain silent
• You have the right to consult with a lawyer
• You have the right to stop questioning at any time
• Your silence cannot legally be used as evidence of guilt

Despite this, investigators frequently frame conversations as “informal,” “administrative,” or “just trying to clear things up.” These are classic tactics designed to bypass Article 31 protections.

Who Can Trigger Article 31(b) Protections

Unlike civilian law, Article 31(b) applies to far more than law enforcement agents.

• Commanders and supervisors
• First sergeants and chiefs
• Investigating officers
• Senior NCOs acting in an official role
• Any service member questioning you for disciplinary purposes

If the questioner is acting in an official capacity and suspects misconduct, rights advisement is required, regardless of rank or title.

Your Right to Counsel During a Military Investigation

You have the right to consult with a lawyer before answering questions, and in many cases, to have counsel present during questioning. This includes both military defense counsel and civilian UCMJ defense attorneys.

• You may request counsel immediately
• Questioning must stop once counsel is requested
• You cannot be punished for asking for a lawyer
• You may choose civilian counsel at your own expense

Invoking counsel early often prevents charges from ever being preferred.

Searches, Seizures, and Consent

Military investigators rely heavily on consent searches because service members are conditioned to comply with authority. You have the right to refuse consent to searches of:

• Your phone and electronic devices
• Your vehicle
• Your barracks room or off-base residence
• Your cloud accounts and digital records

If investigators have probable cause, they may seek command authorization or a search warrant. Forcing them to do so preserves legal challenges and limits fishing expeditions.

Command-Directed Investigations and Administrative Traps

Many service members are told they must answer questions in command-directed or administrative investigations. This is partially true and often abused.

• Compelled statements cannot be used criminally
• But they can still destroy careers administratively
• Improper warnings can invalidate protections
• Statements are frequently shared beyond their lawful scope

A UCMJ defense attorney ensures the correct warnings are given and limits downstream damage.

Rights During CID, NCIS, OSI, and CGIS Investigations

Criminal investigative agencies operate with different cultures but similar tactics. Common rights violations include:

• Delayed or incomplete rights advisements
• Re-initiating questioning after invocation
• Mischaracterizing silence as non-cooperation
• Selective summarization of statements
• Improper pressure or coercion

Once a statement is made, it cannot be taken back. Early defense intervention is critical.

Your Right to Be Free From Unlawful Command Influence

Command influence is one of the most dangerous forces in military justice. Investigations are often shaped by:

• Pressure to “do something”
• Political or career incentives
• Public scrutiny or media attention
• Fear of appearing lenient

While unlawful command influence is prohibited, it must be identified, documented, and litigated by defense counsel to have any effect.

What Investigators Do Not Tell You

• You are not required to “help yourself” by talking
• You are not required to give timelines or explanations
• You are not required to submit written statements voluntarily
• You are not required to answer follow-up questions
• You are not required to consent to forensic exams or phone dumps

Silence is often the single most effective defense decision.

Administrative Consequences Can Happen Before Charges

Even without charges, investigations often trigger:

• Letters of reprimand
• GOMORs
• Security clearance suspensions
• Adverse evaluations
• Administrative separation proceedings

Your rights apply just as much in these proceedings, but they are rarely explained by command.

Why Early Legal Advice Changes Outcomes

Most military investigation cases are won or lost before charges are filed. A skilled UCMJ defense attorney:

• Stops improper questioning
• Preserves suppression issues
• Identifies investigative bias
• Controls the narrative early
• Protects against administrative fallout

Immediate Steps If You Are Under Investigation

• Do not answer questions without legal advice
• Do not consent to searches
• Preserve texts, emails, and call logs
• Do not discuss the case with coworkers or supervisors
• Contact an experienced UCMJ defense attorney immediately

Military Investigation Rights Worldwide

UCMJ investigation rights apply worldwide, including overseas installations and deployed environments. Status of Forces Agreements, host-nation involvement, and remote command structures make overseas cases more complex, not less. Experienced defense counsel must understand both UCMJ law and international realities.

Speak With a Military Investigation Rights Defense Attorney

If you are under investigation, time is your enemy. The earlier your rights are enforced, the more options remain. Military investigation rights only matter if someone is willing and able to defend them.