10 Reasons to Consult an Attorney Before Talking to Military Investigators

My top piece of advice for service members: If you are read your Article 31 rights, immediately ask for a lawyer. No matter how trivial the investigation may seem.

Important Disclaimer: Please be aware that the information presented in this blog post is intended for general informational purposes only and should not be construed as legal advice. While we aim to provide valuable resources for military justice attorneys and the public, no blog post can replace personalized legal counsel from a qualified attorney. If you are experiencing legal issues or need specific guidance, we strongly encourage you to consult a legal professional who can address your individual circumstances.

When facing an investigation or being approached by military law enforcement—whether it's CID, NCIS, OSI, or local command investigators—your instinct may be to cooperate fully and explain your side of the story. However, speaking to investigators without first consulting a lawyer is one of the biggest mistakes you can make. Even if you believe you have nothing to hide, doing so can have serious, unintended consequences for your military career and even your personal freedom. Here are the top 10 reasons why you should never speak to military law enforcement or investigating officers without first consulting a lawyer.

1. Anything You Say Can Be Used Against You

The most critical reason to avoid speaking without a lawyer is that anything you say can and will be used against you, even if you believe your statement is harmless or exonerating. Investigators are trained to find inconsistencies in your statement, twist your words, or use selective parts of what you say to support their case. Even an innocent misstatement could be taken out of context and used as evidence against you in a court-martial or administrative action.

2. Investigators Are Not On Your Side

Military law enforcement officers are not there to help you or clear your name—they are there to gather evidence to support their investigation. Even if they seem friendly or understanding, their primary goal is to find wrongdoing and build a case. For example, you might think, “I’ll just explain what happened, and they’ll see I didn’t do anything wrong.” Unfortunately, this can backfire, as investigators are skilled at asking leading questions to elicit incriminating responses. You can expect them to lie to get your confession.

3. You Might Inadvertently Implicate Yourself

Even if you believe you’re innocent, it’s easy to accidentally admit to something that could be used against you. For example, while explaining your whereabouts during an incident, you might mention another unrelated rule violation, such as being late for duty or violating curfew policy. Military investigators can then expand their inquiry based on this new information, creating additional problems for you. Consulting a lawyer beforehand ensures you avoid making any unnecessary admissions.

4. You Could Provide Inconsistent Statements

Human memory is fallible, and investigators know this. If you provide a statement without legal guidance and are later called to discuss the incident again, even minor inconsistencies can be used to discredit you. For instance, if you initially say, “I returned to my barracks around 1900,” but later recall it was closer to 1930, investigators might argue that you are lying or trying to cover something up. A lawyer can help you avoid this trap by advising you on how to handle the situation without making premature statements.

5. You Might Waive Important Rights Without Realizing It

Military personnel have rights under the Uniform Code of Military Justice (UCMJ) and the Fifth Amendment to the United States Constitution, including the right to remain silent and the right to legal representation. You can waive these rights by speaking to law enforcement without consulting a lawyer. Do not believe the investigator claiming, “This is just an informal conversation,” and that the rights waiver document is "just paperwork." Waiving your rights on this "paperwork" helps them crack the case against you.. An experienced lawyer ensures your rights are fully protected throughout the investigation.

6. Investigators Are Skilled at Extracting Information

Military law enforcement officers are highly trained in interrogation techniques. They know how to use psychological tactics to make you feel comfortable, guilty, or even obligated to talk. For instance, they might say, “If you have nothing to hide, you should want to clear this up now,” or “We already know what happened, we just need your side of the story.” These tactics are designed to pressure you into talking, often to your detriment. A lawyer can help you see through these strategies and protect yourself.

7. You Don’t Know the Scope of the Investigation

You may think you’re only being questioned about a minor issue, but investigators might actually be pursuing a much broader or more serious case. For example, you might think you’re being asked about a missing piece of equipment, but the investigation could involve allegations of theft, fraud, or dereliction of duty. Without knowing the full scope of the investigation, any statement you make could inadvertently incriminate you or expand the scope of the inquiry. A lawyer can help you understand what’s really at stake before you say anything.

8. Even Innocent People Can Be Misunderstood

Many service members assume that if they have done nothing wrong, they have nothing to fear. Unfortunately, innocent people can and do get caught up in investigations. Investigators may misunderstand your statements, misinterpret your actions, or rely on inaccurate information from other witnesses. For example, if you say, “I’m not sure where I was at that time,” investigators might interpret this as suspicious rather than an honest response. A lawyer can ensure your perspective is presented clearly and accurately.

9. You Could Face Administrative or Criminal Consequences

Speaking without legal advice could lead to unintended consequences, including administrative actions (such as a written reprimand, GOMOR, or nonjudicial punishment under Article 15) or criminal charges. For instance, if you admit to minor misconduct while trying to explain a larger issue, you could still face UCMJ action for the lesser offense. Once you’ve made a statement, it’s nearly impossible to retract it, even if it was made under pressure or misunderstanding. A lawyer can help you avoid these pitfalls by carefully guiding your responses.

10. Your Career and Retirement Could Be at Risk

If the investigation leads to formal charges or administrative action, the long-term consequences can be devastating. A GOMOR or Article 15 can permanently affect your chances for promotion, retention, or even security clearance eligibility. In extreme cases, it could lead to separation from the military or a lower retirement grade if you are subject to a grade determination board. For example, if a senior officer is investigated for misconduct and fails to respond appropriately, they could be retired at a lower rank, significantly reducing their retirement pay. Consulting a lawyer from the outset can help protect your career and mitigate these risks.

Final Thoughts

When approached by military law enforcement or investigating officers, the best course of action is to remain polite but firm in your decision to speak only after consulting with a lawyer. Even if you believe you’ve done nothing wrong, speaking without legal counsel can lead to unintended consequences that could negatively impact your career, reputation, and even your personal liberty (going to prison). Remember, your right to legal representation exists to protect you—use it wisely. A lawyer can help you navigate the complexities of the investigation, safeguard your rights, and ensure the best possible outcome.