Text 954-799-4019 to request a consultation
Call 1-800-921-8607
UCMJ-site-logo

The Risks of Harassing Military Investigators: How It Can Backfire on Your Defense

Facing a military investigation can be an overwhelming and stressful experience. Naturally, you want to resolve the matter as quickly as possible and move on with your life and career. However, when it comes to handling investigations, especially those involving serious allegations under the Uniform Code of Military Justice (UCMJ), the approach you take—and the advice of your attorney—can significantly impact the outcome of your case.

Understanding the Stakes: Why Military Investigations Are Different

Military justice operates differently than civilian courts. There are three types of courts-martial: summary, special, and general, each with varying levels of severity and potential punishments. A general court-martial, for instance, can impose punishments equivalent to a federal felony conviction in civilian court, including confinement and dishonorable discharge. Special courts-martial resemble misdemeanor courts, while summary courts-martial have no direct civilian equivalent.

Given these high stakes, investigations conducted by military agencies such as OSI (Office of Special Investigations), CID (Criminal Investigation Division), or NCIS (Naval Criminal Investigative Service) are thorough and formal. How your defense counsel interacts with these investigators can influence whether your case moves forward or quietly dissipates.

Harassing Investigators: Why More Contact Isn’t Always Better

One might assume that aggressive communication with investigators, such as repeated calls and inquiries, would expedite the investigation and help resolve matters swiftly. However, expert military defense attorney Michael Waddington explains why this strategy can actually be counterproductive.

When an attorney or their client repeatedly contacts the prosecutor, the commander, or the investigating agents, it serves as a constant reminder that the case is active and under scrutiny. This can prompt investigators to dig deeper, search for additional evidence, and pursue the case more vigorously. Rather than wrapping up the investigation quickly, this persistent pressure can reinvigorate interest in the case.

In contrast, if an attorney takes a more measured and tactical approach—establishing representation, providing helpful evidence such as favorable witness information, and then allowing the investigation to proceed without undue pressure—there’s a greater chance the case might lose momentum. Investigators have limited resources and priorities; if a case is not strong or compelling, it might simply fall through the cracks.

The Importance of Tactical Legal Representation

Hiring the right attorney is critical. You want a defense counsel who can be aggressive when necessary but also knows when to apply diplomacy and patience. This balance ensures that your defense does not inadvertently fuel the investigation and that your interests are protected throughout.

An experienced military attorney understands the nuances of the UCMJ and the investigation process, including the different courts-martial and their implications. They can advise you on when to push for quick resolution and when it’s better to let the case fade away without drawing unwanted attention.

Additional Insights: Managing the Stress and Uncertainty

Military investigations can be incredibly stressful, not just because of the potential legal consequences but also due to the impact on your service record, assignments, and personal life. While it’s natural to want the investigation over with, rushing the process without strategic planning can harm your case.

It’s also important to understand your rights during an investigation. You are entitled to legal representation, often at no cost from military defense counsel, and you have the right to retain civilian counsel if you prefer. A skilled attorney will guide you through the investigation process, advise you on interactions with investigators, and help you build a strong defense.

Conclusion: Handle Military Investigations with Care and Strategy

Harassing military investigators with constant calls and inquiries can ultimately hurt your case by drawing more attention and encouraging a more aggressive investigation. The best approach is a balanced one, guided by a knowledgeable and tactical defense attorney who knows how to protect your rights and interests.

If you or someone you know is under investigation for a UCMJ offense, seek experienced legal counsel immediately. Understanding the court-martial system, knowing how investigations work, and having the right attorney can make all the difference in achieving the best possible outcome.

For more information or to speak with a civilian defense counsel, visit UCMJDefense.com or call 1-800-921-8607.

References:

Full Transcription

Worst case scenario is that you come under investigation and you get an attorney and you tell this attorney, I want this to be done with as soon as possible and there’s some evidence against you and there’s evidence out there that can be used to convict you or that can be used even to have you convicted at an Article 15 or NJP and your attorney does what you tell them to do and they don’t use their best judgment and what they end up doing is this. They call the prosecutor, they call the commander and after talking to them and the prosecution and the commander tells them, hey listen we’re investigating, they continue to call and call and call and harass that commander and harass those agents and guess what? Your case might be weak and OSI or CID or NCIS might have it in a folder, they might have investigated and you know what? A more important case comes along and gets sat on their desk, they move on to another case. When you have an attorney that repeatedly calls over and over and over again and talks to the agent, you’re basically reminding that agent, hey you got this case out there, why don’t you look into it and try to dig some things up and wrap this investigation up. That is usually not the way we want to handle things. After we talk to the agent, we let them know that our client’s represented, we sometimes present evidence to them that we want them to follow up on, you know for example witnesses that are helpful to our case. If after a few months the agent really isn’t making much movement on the case, the case kind of falls through the cracks. There’s a much better chance that that case will not be followed up on vigorously and there’s a much better chance that you’re going to avoid a court martial. So be very careful what you ask for. When you want something done very quickly and you want the investigation over with because it’s stressful and you want to move on to your next assignment, be very careful with how you handle that and that’s one of the things you need to be aware of when you’re hiring an attorney. You need to find someone that yes can be aggressive when necessary, but you also need to find someone that knows how to diplomatically and tactically handle these situations and they can tell if it doesn’t look like this case is going to go very far and then they kind of lay off the investigators and the prosecutors and just let the case simply fade away.

Table of Contents

The Risks of Harassing Military Investigators: How It Can Backfire on Your Defense

NEED MILITARY LAW HELP?

Fill out this form or call 1-800-921-8607 to request a consultation.

Recent Blogs