Learning that you are under military investigation by CID, OSI, or NCIS, whether you actually committed the crime or not, can be terrifying. There are several ways that you may find out you are being investigated. Perhaps military investigators have already read you your rights and asked you questions about what happened. Maybe your First Sergeant has told you that military investigators want to speak with you. Or possibly you’ve learned from a friend that they were interviewed by military investigators and asked questions about what you did.
If any of this is happening to you, there are things you should and shouldn’t do. What you do now can greatly impact your future, so be sure you have a good defense counsel at your side.
Stay Calm and Carry On
When you find out you are under investigation, your first reaction may be to panic. You may want to explain everything to your command or to investigators, you may want to destroy evidence, or you may just want to run and hide. The best thing you can do is stay calm. When military investigators try to question you, take deep breaths and be cool. Always remember that you have the right to remain SILENT, meaning you don’t need to talk to anyone. Anything you say can, and WILL, be used against you. You can tell investigators that you want to talk with an attorney before answering their questions. When they ask you for consent to search your house or your phone, you can tell them “no.” None of that can be held against you. When they ask you these things, speak respectfully and do not lose your temper.
While the investigation is ongoing, be patient. It may be weeks or months before you hear an update. During that time, the best thing you can do is focus on your work and your health. Show up to work on time and work as hard as you have ever worked. You need to show your leadership that you respond positively to difficult circumstances. Go to the gym or get outside. Maintaining your physical fitness will only help you. And when times get tough, talk to a counselor, psychologist, chaplain or attorney. What you tell those professionals is confidential, and they can help you improve your mental health during difficult times.
Learn as Much as You Can
If you are under investigation for a crime, you’ll want to find out everything you can about the case. The best way to do that is through your defense counsel. Don’t try and learn things about the investigation on your own. Make sure you have a defense counsel that you trust and who has experience dealing with cases like yours. Your defense counsel can talk to military investigators and get information that investigators might not be willing to give you directly. Your defense counsel can also work with local prosecutors to understand your case. And once you know what you may be charged with, you and your defense counsel can start planning a strategy for defending you against the charges.
There are some things that you can do on your own, though. You can research the laws that you are charged with violating. You can learn more about the process of a court-martial and what to expect. Our website has tons of resources available to you as you prepare for trial.
Don’t Talk to Potential Witnesses
Your biggest urge while you wait for answers may be to contact potential witnesses. When your back is against the wall, you are going to want to take action. Don’t! It is tempting to talk to potential witnesses about what they told investigators. It is even more tempting to try and talk your friends out of testifying against you. You may feel like you want to tell everyone your side of the case.
But talking to witnesses is a bad idea. Commanders and prosecutors could see your actions as “witness tampering” or “obstruction of justice.” Both of those crimes can result in jail time or a discharge from the military. And even if you aren’t punished for talking to witnesses, the prosecutors will try to use that as evidence of your guilt. So, just remain SILENT and let the process work itself out. If you feel there is someone that you want to talk to or you believe could help your case, tell your trusted defense counsel and let us take care of it.
Get Ready for the Fight of Your Life
Finally, you need to get ready for the fight of your life. Any good defense counsel will have you provide them a list of people that can speak positively on your behalf. Begin preparing that list early and make sure everyone who will defend your character is on that list. If you have evidence related to the case (like pictures on your phone or messages on social media), tell your defense counsel about it. And start gathering documents about you and your accomplishments that you can show to the jury to demonstrate your good character.
But always remember that you can’t fight this fight alone. You need to keep your friends and family close. And you need to hire an experienced defense counsel that you know you can trust. You need someone with experience handling cases just like yours. You need someone that has done hundreds of criminal trials. You need the best in your corner, because you are about to begin the fight of your life.
