Gonzalez & Waddington, LLC is one of the most experienced military defense law firms in the world. If you’ve been contacted by CID, NCIS, OSI, CGIS, or your command about an investigation—stop talking and call a lawyer immediately. The government is already building a case. Anything you say or do will be used against you. Our attorneys step in early to protect your rights, shut down direct contact, and build a powerful pre-charge defense.
- 25+ years of global military investigation defense experience
- Clients defended in over 30 countries across every service branch
- Rapid legal response to all types of UCMJ allegations
Why Receiving Notice of a Military Investigation Is So Serious
Being notified that you are the subject of a military investigation is not a routine administrative matter. It means that a formal process has already started—one that can end your career, result in a court-martial, and potentially lead to a federal conviction and prison time.
Military law enforcement agencies such as the Army’s Criminal Investigation Division (CID), the Naval Criminal Investigative Service (NCIS), the Air Force Office of Special Investigations (OSI), and the Coast Guard Investigative Service (CGIS) are professional investigators. They are trained to build cases, and by the time they contact you, they have typically already gathered evidence, spoken to witnesses, and formed a working theory of what happened.
Many service members make the mistake of believing that cooperation or a quick explanation will end the investigation. In reality, speaking to investigators without a lawyer almost always makes the situation worse. The steps below give you a clear, practical roadmap for what to do from the moment you receive notice of an investigation.
Step 1: Do Not Talk to Investigators Without a Lawyer
This is the single most important thing to understand. Military law enforcement agents may tell you that refusing to talk makes you look guilty, or that things will go better for you if you just explain your side. These statements are not true, and in some cases they are deliberate pressure tactics designed to get you talking before you have legal representation.
Under Article 31(b) of the Uniform Code of Military Justice (UCMJ), you have the right to remain silent and the right to counsel before any questioning. This protection applies whether you are a suspect, a person of interest, or simply someone an investigator wants to speak with. You do not have to explain yourself. You do not have to answer questions. You do not have to go to an interview voluntarily.
Invoke your rights clearly and immediately. Say something like: “I am invoking my rights under Article 31. I will not answer questions without an attorney present.” Then stop talking and contact a defense lawyer.
Step 2: Do Not Talk to Your Chain of Command
A common misconception is that speaking to your commanding officer, first sergeant, or supervisor is somehow safer or more protected than speaking to investigators. It is not. Members of your chain of command are not confidential sources. They can be called as witnesses at a court-martial and compelled to testify about anything you told them.
This also applies to friends, roommates, coworkers, and fellow service members. Even a casual remark—something said in passing at the barracks or during PT—can be used as evidence against you. You may not be able to predict what someone will repeat, or how they will characterize what you said.
The safest approach is simple: do not discuss the facts of the investigation with anyone other than your defense attorney. That conversation is protected by attorney-client privilege. Almost no other conversation is.
Step 3: Call Gonzalez & Waddington Immediately
The earlier you retain a civilian military defense attorney, the more options you have. Waiting until charges are preferred or a court-martial is convened eliminates opportunities that only exist during the investigation phase.
When you contact Gonzalez & Waddington, we take immediate action on your behalf:
- We notify investigators and command that you are represented, which legally stops direct contact with you
- We block further questioning or manipulation by law enforcement
- We advise you on what to do and say from this moment forward
- We begin evaluating the strength of the government’s case before it is fully formed
- We identify opportunities to influence the outcome before charges are ever filed
Pre-charge representation is one of the most powerful tools available in military defense. Cases that go to court-martial are far harder—and more expensive—to defend than cases that are resolved, dismissed, or declined for prosecution during the investigation stage.
Step 4: Document Everything You Remember
Memory fades quickly, especially under stress. As soon as possible after receiving notice of an investigation, write down a detailed account of everything you remember about the events in question. Include dates, times, locations, and the names of anyone who was present. Write down exactly what was said to you by investigators, and when.
This written account is for your attorney’s use only. Do not share it with anyone else.
You should also take immediate steps to preserve any evidence that may support your defense:
- Start a timeline of events related to the accusation
- Secure text messages, photos, emails, and relevant documents before they are deleted or overwritten
- Write down names and details of any interactions with law enforcement or command
- Preserve any communications with the alleged victim or witnesses
Evidence that is not preserved early often disappears. Surveillance footage is overwritten. Phones are reset. Witnesses are transferred. Your attorney can send preservation letters and take formal steps to ensure critical evidence is not lost.
Step 5: Avoid Social Media and All Digital Communication
Do not post anything on social media—not about the investigation, not about your stress level, not about anything that could be connected to the case. Investigators routinely monitor the social media accounts of subjects and witnesses during active investigations.
Just as important: do not delete anything. Deleting messages, photos, or posts after becoming aware of an investigation can be treated as destruction of evidence or obstruction of justice, which are separate criminal offenses under the UCMJ.
Avoid discussing the case over text, email, or messaging apps. These communications are not private. They can be subpoenaed, obtained through search warrants, or voluntarily turned over by the other party.
Step 6: Begin Preparing Your Defense Now
Defense preparation does not begin when charges are filed. It begins the moment you learn you are under investigation. There are concrete steps you and your attorney can take right now that will shape how the case develops:
- Identify potential witnesses who can speak to what happened or to your character
- Secure character references, duty performance evaluations, awards, and commendations
- Let our team begin investigating the accuser’s background, motives, and prior statements
- Gather evidence of your own conduct, location, and communications around the time of the alleged incident
- Address any collateral issues—such as a pending administrative action or security clearance review—before they compound the situation
The pre-charge phase is also the time when your attorney can communicate directly with the convening authority, the Staff Judge Advocate, or investigators to present your side of the story through proper legal channels—without putting you at risk of self-incrimination.
Types of Cases We Handle During Military Investigations
Gonzalez & Waddington represents service members under investigation for a wide range of UCMJ offenses across all branches of the military. Common investigation types include:
- Sexual assault (Article 120), sexual harassment (Article 92, 93)
- Domestic violence, strangulation, and stalking
- Drug use, urinalysis failures, and Article 112a distribution offenses
- Fraternization, adultery, and conduct unbecoming an officer or NCO
- False official statements, obstruction of justice, and misuse of authority
- Larceny, fraud, and financial crimes
- Computer crimes, child pornography, and internet-based offenses
Regardless of the type of allegation, the steps above apply equally. The sooner you have qualified legal representation, the better your position.
Why Early Legal Intervention Works
Most service members and their families do not realize how much leverage exists during the investigation phase—leverage that disappears once charges are formally preferred. Early legal intervention works for several concrete reasons:
- We often stop cases before charges are filed by presenting exculpatory evidence or challenging the sufficiency of the government’s case early
- We preserve exculpatory evidence that otherwise disappears over time
- We frame your case early and work to influence charging decisions before they are finalized
- We prevent you from making statements or taking actions that would damage your defense
- We protect your military record, security clearance, and career from collateral damage that can occur even without a conviction
A military investigation does not automatically lead to a court-martial. Many cases are resolved at the investigation stage through declination, dismissal, or non-judicial action. Having experienced counsel working your case from the beginning dramatically increases the likelihood of a favorable early resolution.
What to Expect After You Hire a Military Defense Lawyer
Once you retain Gonzalez & Waddington, you will immediately have a point of contact who understands military law, military culture, and the agencies involved in your case. Your attorney will send written notice to investigators and command that all contact must go through counsel. This legally stops law enforcement from questioning you directly.
Your attorney will then conduct an independent investigation, review any evidence already obtained, and develop a defense strategy tailored to your specific situation. You will be advised on how to conduct yourself during the pending investigation, what to say to your command if required, and how to protect your career while the process plays out.
Throughout the process, you will have clear communication about where your case stands and what the realistic options are. Military law is complex and fact-specific. You deserve representation from attorneys who handle these cases every day.
Related Resources
- Military Investigation Defense Overview
- What to Do When CID or NCIS Calls You
- Your Rights Under Article 31(b) UCMJ
Frequently Asked Questions
Do I have to answer questions from CID, NCIS, or OSI if they contact me?
No. Under Article 31(b) of the UCMJ, you have the right to remain silent and the right to consult with an attorney before answering any questions from military law enforcement. This right applies whether you are a suspect or simply someone investigators want to speak with. You should invoke your rights clearly, stop answering questions, and contact a military defense attorney immediately. There is no legal obligation to speak, and doing so without counsel almost always increases your legal risk.
Can my commanding officer or first sergeant be called as a witness against me if I talk to them?
Yes. Members of your chain of command are not confidential, and they can be subpoenaed and required to testify about any statements you made to them. The only truly confidential conversation you can have about the facts of your case is with your attorney, which is protected by attorney-client privilege. Until you have spoken with a defense lawyer and received specific guidance, you should not discuss the details of the investigation with your commander, supervisor, peers, or anyone else in your unit.
What is the difference between retaining a civilian military defense attorney versus using a military-appointed defense counsel?
Military-appointed defense counsel (JAG defense attorneys) are licensed lawyers who provide genuine representation, but they carry heavy caseloads and may have limited resources and time to devote to pre-charge investigation work. A civilian military defense attorney like those at Gonzalez & Waddington works exclusively for you, has no conflicting institutional obligations, and can begin aggressive pre-charge representation immediately. Civilian counsel also brings independent investigative resources, the ability to retain expert witnesses, and extensive experience across all branches and jurisdictions—including cases handled in over 30 countries.
{
“@context”: “https://schema.org”,
“@type”: “FAQPage”,
“mainEntity”: [
{
“@type”: “Question”,
“name”: “Do I have to answer questions from CID, NCIS, or OSI if they contact me?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “No. Under Article 31(b) of the UCMJ, you have the right to remain silent and the right to consult with an attorney before answering any questions from military law enforcement. This right applies whether you are a suspect or simply someone investigators want to speak with. You should invoke your rights clearly, stop answering questions, and contact a military defense attorney immediately.”
}
},
{
“@type”: “Question”,
“name”: “Can my commanding officer or first sergeant be called as a witness against me if I talk to them?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “Yes. Members of your chain of command are not confidential, and they can be subpoenaed and required to testify about any statements you made to them. The only truly confidential conversation you can have about the facts of your case is with your attorney, which is protected by attorney-client privilege.”
}
},
{
“@type”: “Question”,
“name”: “What is the difference between retaining a civilian military defense attorney versus using a military-appointed defense counsel?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “Military-appointed defense counsel are licensed lawyers, but they carry heavy caseloads and may have limited resources for pre-charge work. A civilian military defense attorney works exclusively for you, has no conflicting institutional obligations, and can begin aggressive pre-charge representation immediately with independent investigative resources and extensive experience across all branches and jurisdictions.”
}
}
]
}
