OSI, CID, CGIS or NCIS Interview? What to Do First

If OSI, CID, NCIS, CGIS, or command wants to interview you, assume the conversation matters. Under Article 31, UCMJ, no person subject to the UCMJ may compel someone to incriminate themselves, and a suspect must be told the nature of the accusation, that they do not have to make a statement, and that any statement may be used against them at court-martial before interrogation or a request for a statement (10 U.S.C. § 831).

The safest first step is simple: remain silent and ask for a lawyer. Article 31 warnings may apply not only to formal investigator questioning, but also to questioning by commanders, supervisors, first sergeants, and others acting in an official military capacity (Your Rights).

Do not try to explain your way out

Many service members talk because they believe innocence will protect them. That is dangerous. (Your Rights).

Investigators are trained to make silence feel uncomfortable. Common tactics include suggesting that cooperation will help with command, saying “this is your chance to help yourself,” or implying that investigators already know what happened (Your Rights).

What to say

If you are approached for questioning, keep it short:

I am invoking my right to remain silent. I want to speak with a lawyer before answering any questions.

After that, stop talking (Your Rights).

Do not consent to searches

Do not consent to searches of your phone, computer, vehicle, room, home, social media, or cloud accounts without legal advice. (Article 120 defense).

Call counsel before the interview

Early counsel can help preserve evidence, identify witnesses, stop damaging statements, communicate with investigators where appropriate, and coordinate with military defense counsel.

If OSI, CID, NCIS, CGIS, command, or anyone else acting officially wants to question you, do not go in alone. Call Cave & Freeburg before you speak.