Why You Should Always Request an Attorney Before Speaking to Military Investigators
Being called into an interview by military investigators such as CID (Criminal Investigation Division), OSI (Office of Special Investigations), or NCIS (Naval Criminal Investigative Service) can be an intimidating experience for any service member. Many feel pressured to cooperate immediately, fearing that asking for legal representation may make them appear guilty or worsen their situation. However, as attorney Michael Waddington explains, the opposite is true: invoking your right to an attorney is a crucial step to protect yourself and increase your chances of a favorable outcome.
The Misconception About Asking for an Attorney
One of the biggest myths among military personnel is that requesting an attorney during an investigation signals guilt or uncooperativeness. This misconception often leads service members to speak with investigators without legal counsel, hoping to clear things up quickly. Unfortunately, this can have serious repercussions.
Michael Waddington emphasizes that agreeing to make a statement without an attorney present significantly increases the likelihood of being charged, convicted, and even facing jail time. Investigators are trained professionals who can use prolonged interrogation tactics—sometimes lasting 10 to 12 hours—to extract statements that may be misinterpreted or twisted against you later in the military justice process.
Why Having an Attorney Present Matters
Requesting an attorney from the outset sends a clear message to prosecutors, investigators, and your command: you understand your rights, and you will not be coerced or manipulated. This approach helps level the playing field and prevents you from being subjected to hours of pressured questioning without proper legal guidance.
Having legal counsel ensures that any interaction with military investigators is conducted fairly and that your rights are protected throughout the process. A skilled military defense attorney can advise you on what to say—or not say—and can help develop a defense strategy tailored to your case.
The Risks of Making a Statement Without Counsel
When you make a statement without an attorney, you risk providing information that can be taken out of context or misconstrued. Investigators may use subtle psychological techniques to elicit admissions or contradictions that appear incriminating.
Prolonged interrogations can lead to fatigue and confusion, increasing the chance of mistakes or inconsistent statements. These statements are often the cornerstone of the prosecution’s case, so any misstep can have severe consequences.
Additional Insights: Understanding Your Rights Under the UCMJ
The Uniform Code of Military Justice (UCMJ) governs the conduct of military personnel and outlines your rights during investigations. Just like civilian law enforcement encounters, you have the right to remain silent and the right to counsel during questioning.
Knowing these rights and exercising them is critical. It’s not about obstructing justice; it’s about protecting your interests. An experienced military defense lawyer understands the nuances of the UCMJ and can navigate the complexities of military law to safeguard your future.
What to Do If You’re Called In for an Investigation
- Stay calm and polite: Always be respectful to investigators and command personnel.
- Do not volunteer information: You are not obligated to speak without your attorney present.
- Immediately request an attorney: Clearly state that you want legal representation before answering any questions.
- Contact a military defense attorney: Seek expert legal advice as soon as possible to discuss your case.
Remember, the goal is to avoid making statements that could be used against you and to ensure that your rights are fully protected throughout the investigation process.
Conclusion
Facing an investigation by military law enforcement agencies is undoubtedly stressful, but how you respond can make all the difference. Attorney Michael Waddington’s advice is clear: never speak to CID, OSI, or NCIS without first consulting with a qualified military defense attorney. Asking for an attorney is not a sign of guilt; it’s a smart and necessary step to protect yourself from wrongful charges and convictions.
By understanding your rights under the UCMJ and refusing to be pressured into giving statements without counsel, you improve your chances of a successful outcome dramatically. If you or a fellow service member find yourself under investigation, do not hesitate to seek expert legal guidance immediately.
For professional military defense assistance, contact experienced attorneys who specialize in court-martial and military criminal defense.
Resources:
- Gonzalez & Waddington, LLC
- Military Attorney Sexual Assault Defense
- Call 1-800-921-8607 to speak with a court martial lawyer