Civilian Criminal Case

What if you are asked some questions by a law enforcement officer, either at the police station or anywhere else?

It’s easy! You remain silent if you think that you may somehow be implicated in a criminal investigation. But if you are simply a bystander who witnessed a crime, you should tell the officers everything you observed and cooperate.

Military Criminal Case – Service Member’s Article 31b Rights

What if you find yourself called in just to answer a few questions by anyone; for example, your non-commissioned-officer-in-charge (NCOIC), your commander, or a law enforcement investigator, (Army CID, NCIS, or Air Force OSI)?

It’s easy! You remain silent. You don’t speak.  You give them your name and military ID card and then you refuse to answer any questions unless you have a military defense lawyer present.

Article 31b of the Uniform Code of Military Justice or UCMJ, gives you the right to remain silent when you are suspected of committing an offense. It also gives you the right to have a military defense lawyer present during any questioning. You have these rights even if you are not apprehended or arrested by military authorities. If someone who wants to ask you a question has reason to suspect you may have committed an offense, that person must advise you of your Article 31b rights before asking you any other questions. Then he or she may only continue if you agree to waive your rights to remain silent and to have a military defense lawyer present during questioning.

SUMMARY: There’s an old joke among criminal defense attorneys that goes something like this: If you are being questioned and you have committed an offense, you should remain silent. If you have not committed any offense, you should DEFINITELY remain silent. They’ll figure out a way to make you sound guilty if you talk.