Criminal Investigation

Service members may find themselves the subject of an investigation during their time in the armed forces.

The type of investigation depends on the incident in question and the intent of the Commander directing the inquiry. The most severe investigations are handled by military criminal investigating organizations. Those organizations are not assigned to a specific Command; however, they may be asked by a Commander to conduct an investigation. Below, each criminal investigative organization is listed by its service:

• Army: Criminal Investigation Command (CID)

• Marine Corps: Criminal Investigation Division (CID)

• Air Force: Office of Special Investigations (OSI)

• Navy: Naval Criminal Investigative Services (NCIS)

• Coast Guard: Coast Guard Investigative Services (CGIS)

The organizations above generally investigate criminal activity that is deemed to be felonious – such as assault, rape, deaths, sexual assault, robbery, theft, procurement fraud, computer crimes, and drug distribution.

Even a non-criminal inquiry or Command investigation can rapidly evolve into a serious criminal investigation.

While a Commander’s inquiry may begin without suspicion of criminal activity, if a crime is suspected, a “preliminary inquiry” under the Rules for Court Martial (R.C.M. 303) may be initiated. That inquiry is to determine if there is evidence of a crime. Any evidence obtained during a “preliminary inquiry” can be later provided to Army CID, NCIS, Air Force OSI, Marine Corps CID, or CGIS. Additionally, statements made to an investigating officer during an inquiry are still considered “official statements” for Article 107, the Uniform Code of Military Justice (UCMJ): False Official Statements. Once a military criminal investigation organization becomes involved, the likelihood of charges under the UCMJ increases. During a criminal investigation, witnesses are contacted, and any physical evidence of a crime may be gathered. It is critical to understand your rights if you are approached by Army CID, NCIS, Air Force OSI, Marine Corps CID, or CGIS to provide a statement during an investigation.

Do not waive any of your Article 31(b) rights.

When an investigator attempts an interview, they must. Could you notify the service member of the crime they are investigating? 2. provide the suspect Article 31(b) rights before any questioning takes place.3. the investigator may give a “Suspect’s Acknowledgement and Waiver of Rights Statement” or “Rights Warning Procedure/Waiver Certificate.” Do not complete or sign any document provided without consulting a military attorney. Instead, request an opportunity to meet with a JAG or civilian military attorney with UCMJ experience to understand Article 31(b) rights.

Article 32 Hearing

After an investigation by the Army CID, NCIS, Air Force OSI, Marine Corps CID, or CGIS, findings are provided to the Command that initiated the investigation. The Commander will decide whether to “prefer” charges based on the evidence provided. If charges are preferred, the accused service member has been formally charged with a crime under the UCMJ. The accused service member must be prosecuted within 120 days of the date that charges were preferred. The accused service member can also challenge the evidence in an Article 32(b) hearing. The Article 32(b)is often called a preliminary hearing. It is the first hearing where a service member can challenge the evidence, leading to preferred charges. If you are currently, or suspect that you will be, involved in any investigation, it is critical to consult with a JAG attorney, military defense attorney, or Court Martial attorney immediately. An experienced military lawyer can guide you through the uncertainty of an investigation.