I am under investigation by CID/NCIS/OSI. Should I talk to them?
The Short Answer: No. Do Not Speak.
You should never make a statement, answer questions, or attempt to “clear things up” with military investigators (CID, NCIS, OSI, or CGIS) without a lawyer present.
You must explicitly invoke your rights under Article 31, UCMJ. Say exactly this:
“I want a lawyer. I will not answer questions without my lawyer present.”
Then, remain silent. At Gonzalez & Waddington, we have seen countless careers destroyed not by the evidence, but by the Service Member’s own statement. Talking is the single biggest mistake you can make.
Why You Should Never “Just Tell Your Side of the Story”
Many service members believe that if they are innocent, talking will help close the case. This is a dangerous myth. Investigators are trained in the Reid Technique—a psychological method designed not to find the truth, but to extract a confession.
When you walk into that interrogation room, the investigators usually already believe you are guilty. Their goal is to get you to:
- Admit to the crime.
- Admit to a lesser crime to “make it go away.”
- Lie (which leads to a separate charge of False Official Statement).
- Contradict yourself or other witnesses.
The Data Behind the Silence: Article 31(b)
According to Article 31(b) of the Uniform Code of Military Justice (UCMJ), no person subject to the code may interrogate or request a statement from an accused without first informing them of the nature of the accusation and advising them that they do not have to make any statement.
Warning: If you waive these rights, anything you say will be used against you in a Court-Martial. There is no “off the record” in a military investigation.
How Gonzalez & Waddington Helps: We intervene immediately. Once you retain us, we contact the command and investigators to shut down the interrogation. We become your shield, preventing them from using psychological pressure to twist your words.
Comparing Your Options: Speaking vs. Silence
The following table breaks down the likely outcomes of cooperating versus invoking your rights.
| Strategy | Investigator’s Reaction | Legal Outcome | Impact on Defense |
|---|---|---|---|
| “Just explaining” | They look for inconsistencies to trap you. | High risk of self-incrimination or false official statement charges. | Severe Damage. It is hard to defend a client who has already confessed. |
| Denying everything | They view this as a challenge to break you down. | If you get one detail wrong, you are charged with lying. | High Risk. Prosecutors love catching you in a lie. |
| Invoking Rights | They must stop questioning immediately. | You provide zero evidence for them to use. | Strongest Defense. Gonzalez & Waddington can build a case without hurdles. |
Frequently Asked Questions (FAQ) regarding Military Interrogations
Q: If I ask for a lawyer, won’t I look guilty?
A: It does not matter how you “look” to the investigator; it matters what they can prove in court. Invoking your rights cannot be used against you in a trial to prove guilt. A judge or jury is legally forbidden from considering your silence as evidence of guilt. However, a confession is evidence.
Q: They said if I cooperate, they will talk to the Commander and go easy on me. Is that true?
A: No. This is a standard interrogation ruse. Investigators (CID/NCIS/OSI) do not have the authority to make deals or decide punishment. Only the Commander or a prosecutor can do that. Investigators are allowed to lie to you to get you to talk.
Q: I already gave a statement. Is it too late?
A: It is not too late, but you must stop talking immediately. Do not give a second statement to “fix” the first one. Contact Gonzalez & Waddington right away. We can analyze the video or transcript of your interrogation to see if your rights were violated or if the statement was coerced.
Q: Do I have to give them my phone password?
A: Generally, no, unless they have a specific search authorization (military warrant) signed by a magistrate or commander. Even then, consult a lawyer before typing in that code.
Next Steps: Protect Your Career
If you have been read your Article 31 rights, or if you suspect you are the target of an investigation, the clock is ticking. Do not trust the system to protect you. The system is designed to convict.
Contact Gonzalez & Waddington today. We fight court-martial cases worldwide.
