Your Rights

If you are under investigation, or think you might be:

Your words can and will be used against you. The safest move is to stay silent and speak to a lawyer—not law enforcement.

Your Core Rights — Don’t Waive Them!

  • 🛑 Right to remain silent
  • 👨‍⚖️ Right to talk to a lawyer before or during questioning
  • ✋ Right to stop an interrogation at any time
  • 🚪 Right to leave if you are not in custody
  • 🔐 Right to refuse consent to searches

Say it clearly:

“I want a lawyer.”

“I will not speak and I exercise my right to silence.”

Anything less than this can be treated as “ambiguous,” and agents can legally keep questioning you.


Why Staying Silent Matters

Interrogation rooms are designed to make you nervous. Investigators are trained to:

  • Use tricks, lies, and pressure to get statements.
  • Build rapport to get you talking.
  • Use anything you say—even casual chatter—against you.

They can lie to you. You can’t lie to them.

Your best move is to say nothing and call counsel.


If You’ve Already Been Questioned

Write down everything while it’s fresh:

  • Who was present
  • What was said
  • What was done
  • Label your notes: Attorney–Client / Work Product and give them only to your lawyer.

Special Situations

Military Members

  • You may be escorted to NCIS, CID, OSI, or CGIS without being told why.
  • That is custody—you’re not free to leave.
  • You must go, but once there, you don’t have to talk or consent to anything.

Ask to speak with a lawyer before answering questions. Call us!


Spouses

  • You cannot be forced to talk to investigators about your spouse.
  • You do not have to consent to a search of your home or property.
  • Under Military Rule of Evidence 504, you may have spousal privilege.

If pressured, say “I do not consent. I want to speak to a lawyer.”


Family Members

  • You can refuse to talk to CID, NCIS, OSI, CGIS, or any military investigator.
  • You do not have to consent to searches.
  • You may be subpoenaed to testify at trial, but you don’t have to give interviews voluntarily.

Your Rights About Searches

  • You do not have to consent to a search—ever.
  • If they claim to have a warrant or search authorization, ask to see it.
  • Keep your own notes about what they do and take.
  • Spouses: don’t rely on what agents say your partner “already consented” to. Get proof.

Don’t Talk to:

  • Commanders or supervisors about the case without counsel
  • “Friends” or colleagues—they can become witnesses
  • Investigators playing “good cop / bad cop” or claiming “it’s off the record” (it isn’t)

Common Tricks Investigators Use

  • “We can help you” — they can’t.
  • “There’s no lawyer available” — insist on one anyway.
  • “This is just fact gathering” — it’s an interrogation.
  • Good cop / bad cop routines.
  • Pretext calls or texts from alleged victims or witnesses.

➡ Bottom line: once you start talking, you can’t un-ring the bell.


What To Do Now

  • Say nothing.
  • Ask for a lawyer.
  • Don’t consent to searches.
  • Take notes if you’ve already been questioned.

📞 Call us at 703-298-9562

📧 mljucmj@court-martial.com

You only get one chance to protect your rights. Don’t give it away.

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