Imagine being investigated for a crime that you didn't do.
Here's how to protect yourself and your career.
Hey, I'm Cody Harnish, UCMJ attorney, and today we are talking about military investigations and how to protect yourself. Now military investigations come in different forms.
First, a lower level investigation is a command directed investigation. A 15-6, a commanders inquiry, whatever they want to call it.
This is typically initiated by your commander to look into misconduct.
But then we have the serious investigations.
We're talking about C.I.D. Criminal investigation Division.
They focus on serious crimes in the Army.
NCIS - Naval Criminal Investigative Services handles serious investigations in the Navy and the Marine Corps and OSI office special investigations.
They handle the serious crimes in the Air Force and Space Force.
If you're under investigation, it is crucial to know your rights.
You have the right to remain silent.
You don't have to make a statement.
Yes, you can be ordered to go to CID, NCIS, OSI but you cannot be ordered to make a statement.
That's not a lawful order.
You have the right to consult with a military attorney, or hire civilian attorney and discuss your particular situation and the possible way forward.
Here's some practical tips for handling the investigation process.
Don't discuss your case.
Avoid talking about the investigation with anyone other than your attorney.
When they say anything you say can be used against you.
It's that anything you say to CID, anything you say to NCIS?
No, it's anything you say. Even if they hear it from a third party source,like your battle buddies said. Oh, yeah, private stuff. He told me, blah blah blah blah blah. They could use that against you. So don't make any comments about the investigation or the facts around the investigation to anyone and that includes on social media.
Seek legal advice early.
Don't do the wait and see method.
Consult an attorney as soon as you learn you're under investigation.
They can help guide you through the process, and they can represent you through the investigation.
Now, your military defense counsel can't. They can't represent you until you're actually charged with something. But if you hire a civilian attorney, they can actually work with you, collect evidence on your behalf and represent you through the entire process.
Stay calm and professional through the entire investigation.
And also remember, in the military, pretrial confinement is not a thing unless you're at the risk of going AWOL or you disobey other restrictions.
So breathe, continue to do your job.
Remain professional.
And know that you have rights that are going to protect you.
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And in the meantime, I'll be defending America's defenders.
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