Your Rights

If you are a service member under investigation—or think you might be—two rights matter more than any others:

Your right to remain silent

Your right to speak to a lawyer before answering questions

These rights exist to protect you. They only work if you use them.

Article 31, UCMJ: Stronger Than Miranda

Most people have heard of Miranda rights.

Service members have more protection than civilians.

Under Article 31, UCMJ, you must be advised of your rights before any questioning if:

• You are suspected of an offense, and
• The questioning is by someone acting in an official military capacity

This includes not just investigators—but often commanders, supervisors, first sergeants, and others in your chain of command.

If Article 31 applies and warnings are not properly given, your statements may be suppressed. But don’t rely on the system to protect you after the fact.

The safest course is simple:

Do not answer questions. Ask for a lawyer.

Your Right to Remain Silent Is Absolute

Your right to remain silent is not conditional.

• You do not have to “clear things up”
• You do not have to explain yourself
• You do not have to cooperate to “look innocent”

Exercising your rights:

• Is not an admission of guilt
• Cannot be used against you
• Cannot be punished or commented on at court-martial

Investigators are trained to make silence feel uncomfortable. Common tactics include:

“If you help us we will speak to your commander for you.” (They won’t.)

“This is your chance to help yourself.”

“We already know what happened.”

These are interrogation techniques—not advice.

You Have the Right to a Lawyer—Before and During Questioning

You have the right to consult with a lawyer before answering any questions and to have a lawyer present during questioning.

This applies whether questioning is:

• Formal or informal
• In person, by phone, or by text
• Conducted by investigators, command, or others acting officially

Even if you have already spoken:

• You may stop at any time
• You may revoke a prior waiver
• You may invoke your right to counsel going forward

Once you request a lawyer, questioning must stop.

Military Counsel and Civilian Counsel

You are entitled to a free military defense counsel.

You also have the right to hire experienced civilian military defense counsel—and to have both work together as a team.

At Cave & Freeburg:

• We always serve as lead counsel
• We coordinate closely with military defense counsel
• We intervene early—often before charges are filed

Early involvement matters.

Do Not Be Tricked Into Talking

Investigators are legally permitted to lie to you about:

• Evidence
• Witnesses
• DNA or digital proof

They may also try indirect approaches:

• “Pretext” phone calls or texts
• Messages through friends or coworkers
• Casual conversations that are anything but casual

If you are contacted by anyone about allegations:

Do not respond. Call a lawyer.

The Bottom Line

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

• Remain silent
• Ask for a lawyer
• Do not consent to searches
• Do not try to explain your way out

Article 31 exists because service members are uniquely vulnerable to pressure from authority. Use the protection the law gives you.

Talk to an Experienced Civilian Military Defense Lawyer

Cave & Freeburg has spent decades defending service members worldwide in courts-martial and investigations.

Your call is confidential.

Even if you never hire us, what you tell us is privileged.

If your career, freedom, or reputation is at risk, get advice before you speak.