The first instinct of a Servicemember who is questioned by their command or law enforcement will likely be to clear things up and defend themselves by providing their side of the story. However, they cannot be forced to make a statement and doing so often is not in their best interest. Before making a statement Servicemembers should speak with an experienced attorney who knows military law.
Potential repercussions of speaking without representation
A statement can be spoken, written, texted, or posted on social media (to name a few) and it can be used against Servicemembers. Additionally, Article 31(b) of the Uniform Code of Military Justice (UCMJ) gives Servicemembers the right to refuse to make an incriminatory statement. Article 31 is similar to Miranda Warnings. Before asked to provide a statement the Servicemember must be informed of their alleged offense, their right to remain silent, the right to counsel, and that any information provided can be used against them.
Some common risks of providing information with a lawyer’s guidance include:
- Unintentional admissions
- Memory errors that ruin credibility
- Inconsistent statements
- Statements taken out of context
A single ill advised statement has the power to ruin a military career and potentially expose the individual to their freedom.
What should Servicemembers do if they are questioned without an attorney?
When a Servicemember is called in to be questioned, it often happens very quickly so they may not have time to talk to a lawyer. When this happens, Servicemembers should decline to make any statements or answer any questions. They should further let the person doing the questioning know they want to speak to an attorney. This request needs to be very clear. Service members should also make note of who questioned them and get their contact information.
How an attorney can help
By speaking with a local and experience attorney, Servicemembers can better understand the situation they find themselves in and protect their rights and the potentially dangerous consequences of making a statement. From the moment a Servicemember obtains legal counsel, an attorney can help them invoke their rights and prevent improper interviews from occurring. A lawyer can additionally create prepared statements, gather evidence and conduct their own investigation.
Speaking to, and hiring, an accomplished attorney is of the utmost importance for a Servicemember facing questioning.