What Should You Do When You Are Under Investigation?

Stay Calm

First thing you need to focus on is staying calm especially if your first thought is to panic. You may find yourself wanting togo straight to your command or investigators and explain everything, or think about destroying evidence, or you might just want to run and hide.  The best thing you can do is stay calm.  When military investigators try to question you, you should take deep breaths and be cool.  Always remember that you have the right to remain SILENT, meaning you don’t need to talk to anyone.  Anything you say can, and WILL, be used against you.  You can tell investigators that you want to talk with an attorney before answering their questions.  When they ask you for consent to search your house or your phone, you can tell them “no.”  None of that can be held against you.  When they ask you these things, speak respectfully and do not lose your temper.

Educate Yourself

If you find yourself under investigation for a crime, then you’ll want to find out everything you can about the case.  The best way to do that is through your defense counsel, like Mission Focus Legal Group.  DO NOT try and learn things about the investigation on your own.  Make sure you have a defense counsel that you trust and who has experience dealing with cases like yours.  The Mission Focus Legal Group team can talk to military investigators and get information that investigators might not be willing to give you directly., and they can also work with local prosecutors to understand your case.  And once you know what you may be charged with, you and your defense counsel can start planning a strategy for defending you against the charges.

While you should leave things to your legal team, there are still some things that you can do on your own. You should take the time to research the laws that you are charged with violating.  Learn more about the process of a court-martial and what to expect.  We have tons of resources available to help you prepare for trial.

Don’t Talk to Potential Witnesses

During this time you might have an urge to contact potential witnesses, but you should refrain. It can be very tempting to talk to potential witnesses about what they told investigators, and it can be even more tempting to try and talk your peers out of testifying against you.  During this time you might also feel like trying to tell everyone your side of the case, but you should not do this.

If it wasn’t completely obvious, talking to witnesses is a bad idea.  Commanders and prosecutors could see your actions as “witness tampering” or “obstruction of justice,”  and both of these crimes can result in jail time or a discharge from the military.  Also prosecutors will try to use these attempts as evidence of your guilt.  So it is best to just remain silent and let the process work itself out.  If you feel there is someone that you want to talk to or you believe could help your case, tell your trusted defense counsel and let Mission Focus Legal Group take care of it.