Independent Investigations: Crucial for Your Defense—Avoid DIY.

Detective at the scene of a crime. Many military investigators do not do this one simple step.

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As a military defense attorney, I’ve witnessed how misconduct allegations can devastate a service member’s career, reputation, and future. Whether you’re confronting a court-martial, nonjudicial punishment (Article 15), or administrative separation, the military’s investigative process often feels overwhelming and biased.

While military law enforcement and your chain of command may claim impartiality, their investigations are often influenced by the military’s mission—not necessarily by your best interests. Unfortunately, these internal inquiries frequently suffer from biases, oversights, and incomplete efforts. That’s why an independent investigation is one of the most powerful tools available to protect your rights, uncover the truth, and strengthen your defense.

However, a key warning: Do not investigate yourself. While it might seem like a way to regain control of the situation, doing so can seriously jeopardize your case and create unnecessary risks.

In this article, I will explain why an independent investigation is crucial for your defense, what it can reveal, and why it is essential to entrust it to experienced professionals.

What Is an Independent Investigation?

Professionals outside the influence of your chain of command or military law enforcement carry out an independent investigation. These investigators—such as private detectives, forensic experts, or legal teams—maintain impartiality and focus solely on safeguarding your rights and uncovering the facts.

Unlike internal military investigations, which often prioritize the organization's needs, an independent investigation is tailored to your defense. Its goals are to:

- Uncover evidence that supports your case.

- Identify flaws or inconsistencies in the prosecution’s arguments.

- Ensure no critical detail is overlooked.

Independent investigators offer a fresh and unbiased perspective by operating beyond the chain of command. They ensure that your narrative is more fully considered.

The Risks of Conducting the Investigation Yourself

When allegations arise, it’s natural to want to defend yourself by collecting evidence, contacting witnesses, or revisiting the scene of the alleged incident. However, taking matters into your own hands is a mistake that can backfire. Here’s why:

1. Risk of Evidence Tampering or Misinterpretation

Even with good intentions, your actions may be misinterpreted as tampering with evidence or obstructing justice. For example:

- Revisiting the alleged crime scene could lead to accusations that you altered or destroyed evidence.

-Speaking to witnesses without legal guidance might be viewed as an attempt to coerce or manipulate their testimony.

These actions can weaken your case and even result in additional charges against you.

2. Lack of Objectivity

Emotions can cloud your judgment when you are the subject of an investigation. It’s easy to focus on details that seem favorable to you while overlooking evidence that could strengthen your defense or provide critical context.

Independent investigators bring a neutral, fact-based perspective to your case. Their objectivity ensures no evidence is ignored and every detail properly assessed.

3. Violating Legal or Procedural Rules

Strict rules and procedures govern military investigations. Without a thorough understanding of these processes, you could inadvertently violate them, such as:

- Collecting evidence in a way that renders it inadmissible in court.

- Speaking to witnesses in a manner that prosecutors could claim is improper.

- Exposing yourself to self-incrimination during informal or undocumented interviews.

Experienced investigators and defense attorneys know how to navigate these rules to protect both your rights and the integrity of your defense.

4. Damaging Your Credibility

When you involve yourself directly in the investigation, it raises red flags for prosecutors, military law enforcement, and decision-makers in your case. They may assume:

- You’re attempting to manipulate the process.

- You have something to hide.

- Your actions are a cover-up rather than an honest effort to uncover the truth.

This perception can significantly harm your credibility and make it harder for your defense team to advocate on your behalf.

5. The Value of Expertise

Independent investigators and defense attorneys bring specialized skills, tools, and resources. They know:

- How to locate and interview witnesses effectively.

- How to analyze evidence and identify inconsistencies in the prosecution’s case.

- How to build a strategic defense based on the facts.

Without this expertise, you risk missing critical opportunities to strengthen your case.

6. Protecting Your Rights

When you investigate independently, you may waive certain legal protections or expose yourself to unnecessary risks. For instance, informal conversations could be utilized against you in court. Defense attorneys and independent investigators understand how to protect your rights while conducting a thorough and professional investigation.

The Importance of Visiting the Crime Scene

One of the most glaring oversights in military investigations is the failure to visit the scene of the alleged incident. Military investigators often skip this critical step entirely—whether due to the location’s distance, workload pressures, or lack of motivation. In two recent cases I handled, the Army CID agents didn’t even leave their offices—they literally "phoned it in."

Neglecting to visit the scene can result in incomplete or inaccurate investigations, leaving vital evidence overlooked. An independent investigation ensures that this gap is addressed. By physically visiting the scene, independent investigators can collect crucial details that may exonerate you or offer essential context for your defense.

What an Independent Investigation Can Reveal

Visiting the scene and conducting a thorough, unbiased investigation can uncover evidence that military law enforcement may have overlooked, including:

1. Previously Unknown Witnesses

- Residents, employees, or bystanders who saw or heard something relevant.

- Witnesses who can provide statements that contradict the allegations or support your defense.

2. Physical Evidence Overlooked

- Footprints, tire tracks, discarded items, or property damage that wasn’t documented.

- For example, broken furniture in an alleged altercation might tell a different story than the one presented by the prosecution.

3. Environmental Context

- The location layout: Could the alleged events have occurred as described?

- Obstructions, lighting, or weather conditions that could affect witness accounts or evidence.

4. Surveillance Footage

- Cameras that investigators failed to check, such as security or traffic cameras.

- In one case, a private investigator uncovered footage from a nearby business contradicting the prosecution’s timeline.

5. Evidence of Other Suspects or Scenarios

- Signs of others who may have been involved, such as cigarette butts, footprints, or alternate explanations for the incident.

The Benefits of an Independent Investigation

An independent investigation doesn’t just fill the gaps left by military law enforcement—it strengthens your defense in several critical ways:

1. Unbiased and Objective Findings

- Free from chain-of-command influence, independent investigators focus solely on uncovering the truth.

2. Exposing Flaws in the Prosecution’s Case

- Identifying procedural errors, inconsistencies, and overlooked evidence.

3. Building a Strong Defense Strategy

- Provide your attorney with the tools to negotiate reduced charges, prepare for trial, or present a compelling case to decision-makers.

Conclusion: Your Defense Deserves the Best

A military investigation threatens your career, reputation, and freedom. Don’t rely solely on military investigators and avoid taking unnecessary chances. A thorough investigation by experts manages all details and evidence—not just the evidence that implicates you.