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. Military criminal investigating organizations handle the most serious investigations. The investigating organization assignments are not Command-specific. However, the Command can ask the criminal investigation organizations to investigate.

Criminal investigative organization listed by the branch of 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 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, a “preliminary inquiry” under the Rules for Court Martial (RCM 303) may be started if a crime is suspected. The inquiry is to determine if there is evidence of a crime. Evidence from a “preliminary inquiry" may be given to the criminal investigative organization.  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. The military criminal investigation organization conducts an investigation. Witnesses are contacted, and physical evidence is gathered.  You must understand your rights if you are contacted to provide a statement in an inquiry.

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

When an investigator attempts an interview, they must. Notify the service member of the alleged 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 without speaking with a military attorney. Instead, request an opportunity to meet with a JAG or civilian military attorney with UCMJ experience.  They will help you understand entirely Article 31(b) rights.

Article 32 Hearing

The Command that initiated the investigation receives the investigation results.  Based on the evidence, The Commander will decide whether to “prefer” charges.  If the charges are Preferred, the service member is officially charged with violating the UCMJ. The arraignment of the service member must occur within 120 days of the date of Preferred. The accused service member can also challenge the evidence in an Article 32(b) hearing. The Article 32(b) is a preliminary hearing. It is the first hearing where a service member can challenge the evidence, leading to preferred charges. If you are involved in any investigation or think you may be, 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.