When military servicemembers receive word that they are under investigation, it can throw their entire career—and life—into turmoil. Whether it’s a command-directed investigation (CDI), a criminal investigation by CID, OSI, or NCIS, or an administrative inquiry, the implications are serious. You may feel frightened, confused, and even isolated as you navigate these complex waters. This guide aims to equip you with knowledge and practical advice on how to respond effectively while protecting your career, reputation, and freedom.
Understanding the Investigative Landscape
What Does It Mean to Be Under Investigation?
To be under investigation in the military often means that there are allegations against you that can lead to disciplinary action governed by the Uniform Code of Military Justice (UCMJ) or administrative procedures. Investigations might focus on various issues, including:
- Accusations of misconduct
- Violations of military regulations
- Criminal charges ranging from minor offenses to severe allegations like sexual assault or harassment
The Process of Military Investigations
Understanding the investigation process is crucial. Here’s a brief overview:
- Initial Response: Commanders receive information regarding potential misconduct.
- Investigation Initiation: A command-directed investigation or a criminal investigation is launched.
- Gathering Evidence: Investigators collect evidence, interview witnesses, and scrutinize records.
- Review and Findings: After gathering information, the findings are reviewed, and it is determined whether further action is needed, such as punitive action or administrative separation.
Familiarizing yourself with this structure can alleviate some of your anxiety, but it’s essential to remember that the stakes are high.
What Should You Do If You’re Under Investigation?
-
Stay Composed: It can be tempting to react emotionally when you find out you are under investigation. However, maintaining a calm demeanor will allow you to think more clearly and make better decisions.
-
Understand Your Rights: Servicemembers have specific rights under military law, including the right to counsel. Knowledge is power, and understanding your rights can help you defend yourself effectively.
-
Hire a Military Defense Lawyer: Engaging a qualified civilian military defense lawyer as soon as possible is crucial. An experienced military attorney can guide you through the process, help protect your rights, and represent you if things escalate. Remember, military attorneys often have a keen understanding of court martial procedures and can provide essential insights.
-
Avoid Interfering with the Investigation: Do not attempt to obstruct the investigation or intimidate witnesses. Doing so could aggravate your situation and lead to additional charges.
-
Gather Documentation: Collect all relevant documents, communications, and evidence that could aid your defense. Organizing your paperwork will be beneficial if you decide to contest the findings later.
-
Seek Support: Investigations can be incredibly stressful. Reach out to trusted family members, friends, or support systems that can guide you through this challenging time.
-
Remain Professional: It is vital to conduct yourself professionally, even if you feel that the investigation is unfounded. Your conduct will likely be scrutinized and can significantly affect the outcome of any hearings or discussions.
What Not To Do During an Investigation
-
Do Not Talk to Investigators Without Counsel: Always consult with a military defense lawyer before discussing your case with investigators. Anything you say can and will be used against you in court or administrative proceedings.
-
Do Not Post on Social Media: Refrain from discussing your case on social media platforms or with fellow servicemembers. Comments made online can be admissible as evidence.
-
Do Not Ignore Requests for Information: If you receive a request from investigators, it’s best to acknowledge it. However, do not respond without your attorney present.
Moving Forward After an Investigation
Once the investigation concludes, you’ll receive findings that detail whether the allegations were substantiated or not. Based on these findings, you may face different paths, including:
-
No Action Taken: If the investigation finds no substantive evidence, you can continue your military career without further complications.
-
Administrative Actions: You may receive administrative discipline, such as a letter of reprimand or non-judicial punishment (NJP) under Article 15. These actions can often be contested or rebutted with the help of a military attorney.
-
Court-Martial: If the findings are severe enough, a court-martial may follow. This is a serious matter that further underscores the importance of obtaining skilled representation early in the process.
Conclusion
Facing an investigation in the military is a daunting experience, but you are not alone. By understanding your rights, seeking legal counsel, and following best practices, you can navigate this complex situation with greater confidence. Always remember: proactive steps can make a significant difference in the outcome.
Call to Action: If you or a loved one are facing legal issues in the military, contact Gonzalez & Waddington, Civilian Military Defense Lawyers, at 1-800-921-8607 for a free consultation. Our experienced team represents servicemembers worldwide.
For more information about military investigations and your rights, visit the U.S. Army’s Legal Services.
By following this comprehensive guide, you empower yourself to make informed decisions and take control of your future. Remember that each case is unique; rely on your military defense lawyer to formulate the best strategy tailored to your circumstances.
