If someone's reading you your rights under the UCMJ, they're not your friend.
If you think "I'll just cooperate" is the best policy when you're under a military investigation . . . you're wrong.
Today we are discussing the critical but often overlooked protection that all military service members have. Article 31 gives you the right to remain silent.
It sounds simple, but under pressure, many forget it. Your words can be used against you, so knowing when to stay silent is key because your silence cannot be used against you.
Now alongside this, you also have the right to an attorney. Before you answer any questions, especially in a formal setting, invoke this right. Invoking this right could be the difference between a fair hearing and a kangaroo court.
I once had a client who wasn’t aware of these rights, and during questioning, they tried to "clear things up" and ended up really burying themselves. And they were innocent. They still didn't do it, but they thought that taking a polygraph test would actually show and prove to the investigators that they were innocent. He was wrong. They used everything said against him.
Now, you might be thinking to yourself, "There is no way that I would say anything that would incriminate me if I was innocent." Again, you're wrong. Because they are going to sit down, and they're going to say, "You need to see it from the victim's side... well, bear with me here. Let's just see it from the victim's side. Can't you see that under this circumstance and that circumstance, what you did may have been wrong?" And you say, "Oh, well, I mean, when you put it that way, Yeah." Boom, they now have an admission.
Or "Hey, why don't you just tell me what you remember?" And then you tell them what you remember, and then they start confronting you with facts and how what you remember doesn't line up with what they know. And then you're like, "Oh, yeah, actually, no. Okay. That's more correct." Well, now they're going to hit you with an Article 107 under the UCMJ. A false official statement for making the first statement.
It's just best not to fall into the trap of thinking they are your friend. Because the truth is, anyone reading you your rights is not your friend. Like, share, comment, or follow for more information on military law. In the meantime:
I'll be defending those who defend America.™
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