The case may have started before you knew your name was in it.

By the time CID, NCIS, or AFOSI/OSI contacts you, investigators may already have interviewed witnesses, obtained records, reviewed messages, preserved digital evidence, or begun testing competing accounts of what happened.

An investigation being opened does not mean you are guilty. It does not guarantee that charges will be filed. It may not even mean you are presently considered a suspect.

But it does mean a formal process may be underway—one capable of affecting your freedom, career, rank, clearance, reputation, and military record.

Your first decisions can become part of that process:

  • whether you agree to an interview;
  • whether you waive Article 31 rights;
  • whether you consent to a phone or computer search;
  • whether you contact witnesses;
  • whether favorable evidence is preserved; and
  • whether the government develops its account without anyone examining the case from the defense side.

Before you give a statement, sign a waiver, or voluntarily surrender access to evidence, understand what is happening and what your decision could mean.

Online booking is the quickest way to reserve a consultation. There is no obligation to retain the firm.

Why NSLF When the Investigation Has Already Started

A military investigation can move from the investigator’s office to a prosecutor, Special Trial Counsel, commander, military judge, clearance decision-maker, or records system.

National Security Law Firm has lawyers who have sat in nearly every one of those seats.

Our team includes former military judges; former United States Attorney Duane “DAK” Kees; former military prosecutors and military defense counsel; Army Reserve Colonel Alyssa Adams, who commands a legal organization of more than 45 professionals; former commander advisers; retired Lieutenant Colonels and other senior military leaders; former federal prosecutors; and attorneys with senior DoD, intelligence, FISA, and classified-litigation experience.

Carl Marrone has prosecuted military cases and defended service members, served as a Special Assistant U.S. Attorney and civilian felony prosecutor, and continues to serve as an Army Reserve JAG Major. DAK Kees directed complex investigations as a U.S. Attorney and previously investigated military misconduct while serving as both an Army prosecutor and defense counsel. Alyssa Adams has advised commanders and senior DoD officials on military justice, investigations, personnel actions, and national-security matters for more than two decades. Christopher Rittenhouse has advised Army commanders, prosecuted criminal cases, and represented individuals as Special Victims’ Counsel.

For investigations involving classified information, intelligence activity, cyber evidence, or federal national-security concerns, Matthew R. Kalayjian brings experience as a Navy JAG, military prosecutor, Special Assistant U.S. Attorney, and former Attorney-Advisor in the Department of Justice’s National Security Division.

Investigators examine the allegation. NSLF can pressure-test the matter through investigative, prosecutorial, defense, command, judicial, clearance, and records perspectives before critical decisions are made.

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What Does It Mean When CID, NCIS, or OSI “Opens a Case”?

Opening a case generally means an investigative organization has begun formal investigative activity concerning an allegation or suspected offense within its jurisdiction.

It does not mean:

  • the allegation has been proven;
  • investigators have probable cause to support every possible charge;
  • the accused has been convicted;
  • the command has decided what action to take; or
  • a court-martial is inevitable.

CID, NCIS, and AFOSI are among the Defense Criminal Investigative Organizations governed by DoDI 5505.03. That instruction requires their investigations to be independent, objective, and effective. It also requires their reports to be fact-based and impartial for potential prosecutorial, civil, administrative, or other authorized action.

The distinction is important:

An investigation is a process for gathering and documenting facts. It is not itself a finding of guilt.

But the facts developed in that process can later be used by prosecutors, Special Trial Counsel, commanders, security officials, and other government decision-makers.

The Investigation May Be Older Than Your First Contact

Service members often assume the investigation began when an agent called or appeared at their workplace.

That may not be true.

Before contacting you, investigators may have already:

  • interviewed the person who made the allegation;
  • spoken with witnesses;
  • reviewed medical or command records;
  • preserved text messages or social-media content;
  • obtained video or access records;
  • requested laboratory or forensic work;
  • examined financial documentation;
  • coordinated with another law-enforcement agency;
  • consulted legal advisers or prosecutors; or
  • identified questions they want to test against your account.

That is why your interview may not be the beginning of the investigation.

It may be investigators’ opportunity to compare your account against evidence already collected.

If you have only recently learned that an investigation exists, read The First 72 Hours After Learning You’re Under Military Investigation.

How Military Criminal Investigations Usually Begin

A case may begin through many different channels, including:

  • a report from another service member;
  • a civilian law-enforcement referral;
  • a command referral;
  • a victim or witness report;
  • a medical or forensic report;
  • a report through SAPR or Family Advocacy channels;
  • a failed urinalysis;
  • suspected BAH, OHA, travel, procurement, or other fraud;
  • a digital tip;
  • online conduct;
  • a security or insider-threat concern;
  • information developed in another investigation; or
  • conduct discovered during an administrative inquiry.

DoDI 5505.03 directs commanders to refer criminal allegations or suspected criminal allegations involving DoD-affiliated persons, property, or programs to the appropriate investigative or law-enforcement organization as soon as possible. A commander may request an investigation, but the decision to initiate a Defense Criminal Investigative Organization investigation remains with that organization and its directing authority.

This means an investigation is not simply an informal command action that a local commander can turn on and off at will.

Once a Defense Criminal Investigative Organization initiates a case, its investigation generally has primacy over collateral command or organizational investigations, and commanders outside the investigative organization may not improperly impede investigative activity.

Which Agency Is Investigating You?

The agency involved often depends on your service branch, the alleged conduct, and the government interest affected.

Army CID conducts independent and objective felony criminal investigations involving Army interests. Its official mission includes serious and sensitive investigations, cybercrime, criminal intelligence, war crimes, terrorism matters, forensic support, and maintenance of Army criminal records.

NCIS handles major criminal investigations involving Navy and Marine Corps personnel and interests. NCIS describes felony investigations as central to its mission and routinely investigates offenses including homicide, sexual assault, child abuse, robbery, serious larceny, burglary, and aggravated assault.

AFOSI, often called simply “OSI,” conducts criminal investigations and counterintelligence work for the Air Force and Space Force. Its official responsibilities include serious violent crimes, sexual offenses, drugs, fraud, cyber matters, espionage, terrorism, and other threats to Department of the Air Force interests. AFOSI units remain organizationally independent from the commands they support.

CGIS conducts independent criminal investigations involving Coast Guard personnel, operations, integrity, and assets. CGIS is a federal law-enforcement agency with authority to investigate suspected criminal activity, execute warrants, and make arrests.

If you know which agency is involved, start with the corresponding resource:

Investigators Are Required to Be Objective—but They Are Not Your Lawyers

The current Department-wide investigation policy requires criminal-investigation reports to be fact-based and impartial. At the conclusion of an investigation, the investigative organization is to document final investigative facts rather than make a criminal guilt determination in the report.

That does not mean the investigator represents your interests.

Investigators do not owe you the same duties your attorney does. Their role is to:

  • collect evidence;
  • interview witnesses;
  • assess leads;
  • examine competing accounts;
  • preserve facts;
  • coordinate investigative activity; and
  • prepare a record for authorized decision-makers.

Your lawyer’s role is different.

Defense counsel considers:

  • what investigators may be missing;
  • whether favorable evidence is being preserved;
  • whether witness accounts are reliable;
  • whether questioning complied with Article 31 and other protections;
  • whether a search was properly authorized;
  • whether digital evidence is complete or misleading;
  • whether investigators’ assumptions are supported;
  • what the evidence means under the actual elements of a UCMJ offense;
  • and what criminal, administrative, clearance, or records consequences may follow.

An investigator may be professional and fair while still not being your adviser.

Do not confuse an investigator’s willingness to listen with a duty to protect you.

You May Be a Witness, Subject, or Suspect—and Your Status Can Change

Not every person contacted by investigators is suspected of committing an offense.

You may be contacted as:

  • a victim;
  • a witness;
  • a source of information;
  • someone possessing relevant records;
  • a subject of an investigation; or
  • a suspect.

Those roles are not always fixed.

An interview that begins with questions about someone else may shift toward your conduct. A witness may reveal information that causes investigators to look at another offense. Documents or digital records may cause investigators to reassess a person’s role.

Do not assume your status merely because an agent begins conversationally or says that you are “just helping.”

You can ask:

  • What agency are you with?
  • What is this concerning?
  • Am I being contacted as a witness, subject, or suspect?
  • Is this interview voluntary?
  • Are you asking for consent to search or seize anything?
  • Am I free to leave?
  • Am I being advised of Article 31 rights?

An agent may not disclose every investigative detail. But understanding your apparent status can help you recognize the seriousness of the decision in front of you.

Your Interview May Be a Test of Evidence Investigators Already Have

Investigators may want your statement for several reasons.

They may be trying to:

  • obtain your account;
  • test another witness’s credibility;
  • confirm or disprove a timeline;
  • explain digital or physical evidence;
  • identify additional witnesses;
  • determine intent or knowledge;
  • obtain an admission;
  • assess a possible defense;
  • evaluate whether your account changes when confronted with evidence; or
  • create additional investigative leads.

That is why the phrase “We just want to hear your side” does not fully explain the legal significance of an interview.

It may be entirely accurate that investigators want your side.

But you may not know:

  • what they have already been told;
  • what evidence they possess;
  • which facts they consider important;
  • what offense they suspect;
  • or why a particular question is being asked.

A truthful person can still make an inaccurate or damaging statement by guessing, misunderstanding a question, speaking too broadly, adopting an investigator’s wording, or giving an incomplete timeline before reviewing relevant records.

If investigators want a statement, read Should You Talk to Military Investigators? before assuming an immediate interview is your only reasonable option.

Article 31 Rights Can Apply Before Charges Are Filed

Article 31 rights are not limited to service members who have already been formally charged.

Under Article 31, UCMJ, a person subject to the UCMJ may not interrogate or request a statement from an accused or person suspected of an offense without first advising that person of the nature of the accusation, the right to remain silent, and the fact that any statement may be used as evidence at a court-martial.

Military Rule of Evidence 305 provides additional rules concerning warnings, interrogation, counsel, invocation of rights, waiver, and admissibility. A statement obtained in violation of that rule is treated as involuntary under MRE 304.

Article 31 is distinct from civilian Miranda doctrine, and its application can depend on who is conducting the questioning and the circumstances in which the questions are asked.

The practical point is simpler:

If investigators advise you of Article 31 rights, they are telling you that they suspect you of an offense and that your statement may be used against you.

Do not sign a waiver merely because an agent is waiting.

Review our Article 31 Rights Lawyer resource before deciding whether to waive those protections.

What If Investigators Call the Interview “Voluntary”?

A voluntary interview can still produce powerful evidence.

“Voluntary” may mean you are not being compelled to attend or answer at that moment.

It does not mean:

  • the interview is off the record;
  • the questions are unimportant;
  • the answers cannot be documented;
  • the interview cannot be recorded;
  • the answers cannot generate new leads; or
  • admissible statements cannot later be used.

The important question is not merely:

“Do I have to go?”

It is:

“What could happen if I agree to go and answer questions?”

Sometimes an interview is strategically appropriate.

Sometimes a written submission, limited response, later interview, or no statement may be more appropriate.

There is no responsible one-size-fits-all answer. The decision should follow an assessment of the allegation, the available evidence, your status, the likely offenses, and the risks created by speaking.

What Happens If You Decline to Give a Statement?

The investigation does not automatically stop.

Investigators may continue to:

  • interview other witnesses;
  • review records;
  • obtain digital evidence;
  • seek search authority;
  • examine physical evidence;
  • conduct forensic testing;
  • analyze phone data;
  • coordinate with civilian agencies;
  • consult prosecutors;
  • pursue new leads; and
  • complete the investigative report.

The military can investigate and potentially charge a case without a confession from the accused.

If that is your immediate concern, read Can the Military Charge You Without Your Statement?.

Invoking a lawful right is not a substitute for defense preparation. The government may continue working even when you do not participate in an interview.

That is one reason early counsel may focus simultaneously on the statement decision and on preserving favorable evidence outside the interview room.

What Happens When Investigators Want Your Phone?

Modern military investigations often depend heavily on digital evidence.

A device may contain:

  • text messages;
  • direct messages;
  • emails;
  • photographs;
  • videos;
  • call logs;
  • location information;
  • cloud data;
  • financial applications;
  • social-media activity;
  • deleted information;
  • browser history; and
  • metadata.

Investigators may ask for voluntary consent, obtain a military search authorization, secure a civilian warrant, seize a device while seeking further authority, or rely on another recognized legal basis depending on the circumstances.

Under Military Rule of Evidence 315, military probable-cause searches may be conducted under a warrant or military search authorization. MRE 311 governs when evidence obtained through an unlawful government search or seizure may be excluded, and its requirements include a timely defense motion and other conditions. Suppression is therefore a legal process—not something that occurs automatically merely because a search may have been defective.

If agents ask:

“Can we look at your phone?”

determine whether they are:

  • requesting consent;
  • presenting a search authorization or warrant;
  • seizing the device while seeking authority;
  • asking for a passcode;
  • requesting access to cloud accounts; or
  • asserting some other legal basis.

Do not physically interfere with investigators or destroy evidence.

But do not assume that a request for consent is the same thing as compulsory legal authority.

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When Do Prosecutors Become Involved?

Prosecutors may become involved before the investigation is complete.

They may consult with investigators about:

  • potential offenses;
  • legal process;
  • search authority;
  • witness issues;
  • evidentiary requirements;
  • additional investigative steps;
  • jurisdiction; or
  • whether the available evidence supports further action.

For designated covered offenses, the modern Special Trial Counsel structure is especially important. Current military-justice rules require reports of covered offenses to be forwarded promptly to Special Trial Counsel. Special Trial Counsel has authority to determine whether an allegation is a covered offense and, when exercising authority, controls specified charging and referral decisions.

Covered offenses include serious allegations such as sexual assault, homicide, domestic violence, kidnapping, child abuse, and certain related offenses. The exact decision-maker therefore depends on the alleged conduct and whether Special Trial Counsel exercises authority.

This is why the old shorthand—

“CID investigates, and the commander decides whether to charge you”

—is incomplete.

Depending on the case, later decisions may involve:

  • Special Trial Counsel;
  • other military prosecutors;
  • commanders;
  • convening authorities;
  • a United States Attorney’s Office; or
  • another authorized federal or military official.

If your case appears to be moving toward formal charges, our Charging and Referral Strategy resource explains what happens between investigation and court-martial.

What Role Does Your Command Play?

Your command may:

  • report suspected misconduct;
  • provide records or witnesses;
  • respond to investigative requests;
  • address immediate safety or operational concerns;
  • impose lawful administrative measures;
  • receive or review investigative information;
  • consult legal advisers; or
  • decide what administrative action is appropriate.

But DoDI 5505.03 protects the independence of CID, NCIS, and AFOSI investigations. A commander outside the investigative organization may request an investigation but does not control whether the agency opens the case, which lawful techniques it uses, or whether an ongoing case simply ends. DCIO investigations also have primacy over collateral command investigations.

This matters when someone tells you:

“The commander will make CID drop it.”

or

“If the complainant changes their mind, the case automatically closes.”

Neither proposition is a reliable rule.

Once an allegation enters the military criminal-investigation system, the investigative organization and appropriate legal authorities may continue evaluating it based on the available evidence.

What Happens When the Investigation Is Complete?

A completed investigation does not have only two possible outcomes: conviction or exoneration.

Depending on the facts, the matter may result in:

  • no criminal prosecution;
  • further investigative work;
  • preferral of UCMJ charges;
  • referral to a court-martial;
  • federal prosecution;
  • Article 15 or other nonjudicial punishment;
  • a GOMOR or other reprimand;
  • an adverse evaluation;
  • administrative separation;
  • a Board of Inquiry;
  • promotion or retention consequences;
  • a security-clearance review;
  • titling and indexing consequences; or
  • another authorized personnel or administrative action.

DoDI 5505.03 specifically provides that investigative reports may support prosecutorial, civil, administrative, or other appropriate action. It also requires law-enforcement information to be available for authorized insider-threat, debarment, security-clearance, special-access, and other administrative determinations.

That is why:

“No court-martial charges were filed”

and

“The investigation caused no further consequences”

are not necessarily the same statement.

If the case becomes a prosecution, see our Court-Martial Defense Lawyers.

If it becomes an Article 15, GOMOR, separation, BOI, or other career action, see our Military Administrative Actions Lawyers.

An Investigation Can Become a Security-Clearance Case

A pending or completed military investigation can create personnel-security concerns even before a conviction.

Current investigative policy provides for certain law-enforcement information to be made available to authorized DoD components for:

  • security-clearance eligibility;
  • special-access suitability;
  • insider-threat mitigation;
  • debarment; and
  • other administrative determinations.

That means the questions may extend beyond:

“Will I be charged?”

They may also include:

  • Must I report the investigation?
  • Will access be suspended?
  • Will the allegation be considered even if there is no conviction?
  • How should I address the matter during a clearance review?
  • Will an inconsistency between my investigative statement and later clearance response create another credibility problem?

NSLF’s Security Clearance Lawyers handle the separate personnel-security issues that can develop alongside military investigations.

No Charges Does Not Necessarily Mean No Record

A criminal case may close without charges and still leave an investigative record.

The current military law-enforcement titling and indexing policy provides that subjects are titled and indexed when there is credible information they committed a criminal offense. The policy expressly states that titling and indexing are administrative procedures and do not imply guilt or innocence.

The same policy states that once a subject is indexed, the information can remain even after a not-guilty result unless the designated authority grants correction, expungement, or other qualifying relief.

Opening an investigation, becoming a subject, being titled, being charged, and being convicted are distinct events.

They should not be treated as interchangeable.

But investigative records can still affect:

  • later law-enforcement inquiries;
  • security-clearance reviews;
  • background investigations;
  • federal employment;
  • military records;
  • professional opportunities; and
  • future allegations.

If the criminal case ends but the record remains, review our Military Titling Removal and Investigative Record Relief practice.

What Can Early Military Defense Counsel Actually Do?

Early representation is not about interfering with a lawful investigation.

It is not about manufacturing evidence.

And it does not permit counsel to guarantee that the agency will close the case or that charges will never be filed.

Depending on the circumstances, counsel may be able to:

  • determine which agency has opened the investigation;
  • clarify whether you appear to be a witness, subject, or suspect;
  • identify the potential UCMJ or federal offenses;
  • advise you before an interview;
  • evaluate Article 31 and counsel issues;
  • determine whether investigators are requesting consent or asserting compulsory search authority;
  • preserve texts, records, photographs, and other favorable evidence;
  • identify witnesses investigators may not have interviewed;
  • reconstruct timelines;
  • review digital, financial, or documentary evidence;
  • identify inconsistencies or missing context;
  • evaluate whether expert review may be needed;
  • prepare for prosecutor or Special Trial Counsel review;
  • anticipate possible command action;
  • evaluate security-clearance risk;
  • identify titling and indexing concerns; and
  • begin preparing for potential charges before the charge sheet exists.

Sometimes the soundest strategy is to avoid unnecessary action.

Sometimes the defense needs to preserve evidence immediately.

Sometimes a carefully considered statement may be appropriate.

Sometimes the investigation is likely to create a more immediate administrative or clearance problem than a criminal one.

The purpose of early counsel is to identify which situation you are actually facing.

NSLF handles these matters through its Pre-Charge Military Defense practice.

How NSLF Pressure-Tests an Open Investigation

Our review does not stop with the question:

“What did the agent say?”

A meaningful pre-charge assessment may require asking several different questions.

The investigative question:
What evidence has likely been collected, and what investigative steps may come next?

The prosecutorial question:
What offense could the evidence support, and what proof problems would a prosecutor see?

The defense question:
What favorable evidence, witnesses, context, or legal issues may be missing from the government’s account?

The command question:
Could this become Article 15, a GOMOR, separation, an adverse evaluation, or a promotion and retention problem even without trial?

The judicial question:
If litigation follows, which statements, searches, witness accounts, and evidentiary issues may actually matter in court?

The clearance question:
Could the allegation, reporting history, or investigative record create a separate trust or access concern?

The records question:
Could titling or indexing remain even after the criminal case ends?

This is the value of NSLF’s collaborative structure.

Significant matters can receive input from attorneys with different military, prosecutorial, defense, command, judicial, federal, clearance, intelligence, and records backgrounds through the firm’s Attorney Review Board.

One client. More than one set of eyes. More than one professional perspective on what may happen next.

What Should You Do After Learning a Case Has Been Opened?

Do not panic.

Do not assume silence means the case is minor.

And do not create a second problem while reacting to the first.

Consider taking these steps:

  • Write down who contacted you, when, and what was requested.
  • Preserve voicemails, emails, texts, notices, and business cards from investigators.
  • Clarify which agency is involved.
  • Ask whether you are being contacted as a witness, subject, or suspect.
  • Do not lie or fabricate an explanation.
  • Do not delete, wipe, alter, conceal, or destroy potentially relevant evidence.
  • Do not pressure witnesses or contact a complainant in a way that could be interpreted as retaliation or interference.
  • Do not assume a “voluntary” interview is risk-free.
  • Do not sign a rights waiver without understanding it.
  • Determine whether investigators are asking for consent to search a device or presenting compulsory authority.
  • Preserve favorable records and evidence.
  • Consider obtaining advice before providing a substantive statement.

If you have not been formally charged, read Under Military Investigation but Not Charged: What Should You Do?.

What Does Pre-Charge Investigation Representation Cost?

National Security Law Firm offers flat-fee representation for many military investigation matters.

Fees generally range from approximately $1,000 to $3,500, depending on:

  • the agency involved;
  • the nature of the allegation;
  • the client’s status;
  • the complexity of the evidence;
  • whether an interview is imminent;
  • whether written work or witness development is required;
  • whether the investigation involves administrative, clearance, or records consequences; and
  • the agreed scope of representation.

The consultation is free and carries no obligation to retain the firm. The attorney can review what is happening, explain whether representation at the current stage may be useful, and identify the applicable fee before you decide how to proceed.

Frequently Asked Questions

Does an open CID, NCIS, or OSI case mean I am guilty?

No. Opening an investigation is not a determination of guilt. It means an investigative organization has begun examining an allegation or suspected offense.

Does it mean I will be charged?

No. Some investigations result in charges, while others result in administrative action, additional investigation, federal referral, or no criminal prosecution.

Why did investigators wait before contacting me?

Investigators may choose to collect records, interview witnesses, preserve digital evidence, or conduct other investigative work before approaching a person whose conduct is under review.

Should I talk if I am innocent?

Innocence does not by itself determine whether an immediate interview is strategically advisable. The decision should account for your status, Article 31 protections, the allegation, what evidence may exist, and whether your account can be accurately and independently supported.

What if investigators say they only need a few minutes?

A short interview can still produce significant evidence. The length of the conversation does not determine the importance of what you say.

What if they say the interview is voluntary?

Voluntary means you may be free to decline at that moment. It does not mean your answers are off the record or cannot be used.

Can they investigate me if I invoke Article 31 rights?

Yes. Invoking your right not to provide a statement does not prevent investigators from collecting evidence from other lawful sources.

Can they search my phone?

Potentially. The legal basis may involve consent, a military search authorization, a warrant, exigent circumstances, or another recognized authority. Determine whether agents are requesting consent or asserting compulsory authority.

Can my commander make the agency close the case?

Generally, a commander outside the investigative organization cannot simply direct CID, NCIS, or AFOSI to terminate a lawful investigation. Department-wide policy protects the independence of these organizations.

Who decides whether charges are filed?

The answer depends on the offense and procedural posture. Decisions may involve Special Trial Counsel, other military prosecutors, commanders, convening authorities, or federal prosecutors.

Can the investigation lead to something other than court-martial?

Yes. Investigative facts may support Article 15, a GOMOR, adverse evaluation, administrative separation, a Board of Inquiry, clearance action, or another personnel decision.

Can the record remain if charges are never filed?

Potentially. Titling and indexing are separate administrative processes and may remain after a case ends unless relief is granted under the applicable standards.

How long can the investigation take?

There is no universal timeline. The length depends on witnesses, forensic testing, digital evidence, jurisdiction, complexity, agency coordination, and new investigative leads. See How Long Do Military Investigations Take?.

Do I have to hire civilian counsel?

No. Eligible service members may have access to military defense counsel, and they may also retain civilian counsel at personal expense. The decision depends on the seriousness, timing, complexity, and type of representation needed.

What Does Military Investigation Representation Cost?

National Security Law Firm offers flat-fee representation for many military investigation matters. Fees generally range from approximately $1,000 to $3,500, depending on the nature of the investigation, complexity of the evidence, urgency, and scope of the representation.

The consultation is free and carries no obligation to hire the firm. An attorney can review what is happening, explain whether representation at the current stage may be useful, and identify the applicable fee before you decide how to proceed.

The Case May Already Be Moving. You Do Not Have to Make Your Next Decision Blindly.

When CID, NCIS, AFOSI/OSI, or CGIS opens a case, you may not control how quickly investigators move or what evidence they pursue.

You can control whether you understand:

  • why they want to speak with you;
  • what rights apply;
  • what evidence may already exist;
  • whether they are asking for consent;
  • what offenses may be under review;
  • who will make the next decision; and
  • what criminal, administrative, clearance, or records consequences may follow.

National Security Law Firm has seen these cases from the bench, the prosecution table, the defense table, the commander’s office, senior military leadership, and the national-security side of government.

Let us evaluate what may be happening before you decide what to say or sign.

Online booking is the quickest and easiest way to reserve your consultation.

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Official Resources

Manual for Courts-Martial, United States — 2024 Edition. The official Manual contains the Rules for Courts-Martial and Military Rules of Evidence governing preliminary inquiries, rights warnings, statements, searches, seizures, and later court-martial proceedings. Read the official 2024 Manual for Courts-Martial

Joint Service Committee on Military Justice — Current Publications and Updates. Because the MCM can be amended after a complete edition is published, the Joint Service Committee maintains the current edition and subsequent updates. Review current MCM publications and amendments

Article 31, UCMJ — Compulsory Self-Incrimination Prohibited. Article 31 establishes military rights protections governing compelled self-incrimination and questioning of accused or suspected service members. Read Article 31, UCMJ

DoDI 5505.03 — Initiation of Investigations by Defense Criminal Investigative Organizations. This instruction addresses the initiation and independence of Defense criminal investigations, relationships with command investigations, investigative reports, and use of investigative information. Read the official investigative instruction

Current Titling and Indexing Instruction — Change Effective July 9, 2026. This instruction governs titling and indexing by military law-enforcement activities, including the credible-information standard and procedures for seeking relief. Read the current titling and indexing instruction

Navy Defense Service Office — Article 31 and Statement Guidance. The Navy’s official Defense Service Office provides practical guidance regarding Article 31 rights, speaking with investigators, consulting counsel, and waiving rights. Read the Navy Defense Service Office guidance

Army Criminal Investigation Division. Army CID is the Army’s independent federal law-enforcement organization responsible for felony criminal investigations and related investigative missions. Visit the official Army CID mission page

Attorney Reviewed By: Katherine O’Brien
Last Reviewed and Updated: September 1, 2026