What to Do After Receiving Notice of a Military Investigation

At Gonzalez & Waddington, Attorneys at Law, we represent service members worldwide who face military investigations, administrative proceedings, and courts-martial under the Uniform Code of Military Justice (UCMJ). If you’ve received notice of a military investigation, your career, freedom, and reputation are on the line. Time is critical. The decisions you make in the first few hours and days can dramatically shape the outcome. Our trial-proven lawyers understand how investigators operate and how to defend service members effectively.

Receiving notice of an investigation does not mean you are guilty, nor does it guarantee that charges will follow. However, investigators may already be building a case against you, gathering statements, and analyzing digital or forensic evidence. One misstep—such as speaking without legal counsel—can be devastating. A top priority must be protecting your rights under Article 31(b), which grants you the right to remain silent and the right to legal counsel.

Military investigations can cover a wide range of alleged misconduct, including sexual assault, fraternization, fraud, drug offenses, and dereliction of duty. Commanders often rely on investigation results when deciding whether to move forward with administrative separation, an Article 32 hearing, or preferral of charges. Any military investigator—whether from CID, NCIS, OSI, or CGIS—is trained to build the strongest case possible for the prosecution, not to clear your name.

To level the playing field, you must act strategically. Retain an experienced civilian military defense attorney as early as possible. Our team has decades of experience challenging unlawful searches, suppressing unreliable statements, and exposing flaws in forensic evidence. We also prepare clients for potential administrative actions, such as adverse records entries or separation boards, that frequently follow investigations regardless of the outcome.

Another critical step is preserving evidence. Witnesses forget details, and digital evidence can be destroyed. A skilled defense lawyer will begin gathering favorable evidence, interviewing favorable witnesses, and preparing mitigation long before the formal case develops. Early intervention often makes the difference between charges being preferred or dropped.

Finally, remember that military justice is not just about criminal trials; it is also about protecting your career, your record, and future opportunities. Even if an investigation ends without charges, you may still face administrative consequences. Having Gonzalez & Waddington at your side ensures an aggressive, knowledgeable defense at every stage.

Why Choose Michael Waddington & Alexandra Gonzalez-Waddington

• Authors of leading books on military justice and trial strategy
• Reputation built on major acquittals and trial victories across all services
• Handled cases in the U.S., Europe, the Middle East, Asia, and worldwide
• Decades of combined experience in courts-martial and administrative boards
• Trained other attorneys in military law and advanced trial advocacy
• Defended complex felony-level UCMJ charges, including sexual assault and homicide
• Extensive experience in war crimes, fraud, drug cases, and fraternization allegations
• Represent clients at BOIs, Article 32 hearings, NJP/Article 15, and separation boards

Common Issues / Case Types We Handle

• Sexual assault and Article 120 allegations
• Fraud, larceny, and financial misconduct investigations
• Drug-related accusations and urinalysis challenges
• Improper relationships and fraternization cases
• War crimes and misconduct in combat zones
• Computer forensics, text message, and social media evidence
• Defense against adverse administrative actions and separation boards
• Article 32 hearings and general/special courts-martial

Pro Tips & Mistakes

• Do not talk to investigators without an attorney. Exercise your Article 31(b) rights immediately.
• Avoid discussing the case with colleagues, family, or on social media. All statements can be used against you.
• Contact a civilian defense lawyer with extensive court-martial experience as soon as possible.
• Preserve favorable evidence and witnesses early. Memories fade, and digital data can be lost.
• Avoid consenting to searches of your phone, computer, or home without legal advice.
• Do not assume your command or appointed military defense counsel will fully protect your interests.
• Stay professional in uniform and at work; retaliation or misconduct during an investigation can deepen exposure.

FAQs

What should I do first after being notified of a military investigation?
Immediately contact a defense attorney knowledgeable in military law and invoke your Article 31(b) rights. Do not answer investigators’ questions without legal counsel present.

Can I be punished if I refuse to cooperate with investigators?
No. You have a legal right to remain silent under the UCMJ. Exercising this right cannot legally be held against you, though commands sometimes pressure service members to talk.

Will my chain of command know about the investigation?
Yes. In most cases, your command is informed and may be consulted throughout the process. This can influence your career, so early defense representation is key.

What types of evidence are common in military investigations?
Digital forensics (phone/computer data), witness statements, urinalysis results, and medical or forensic examinations are frequently part of the evidence package.

Can I stop an investigation from moving forward?
You cannot stop the investigation itself, but aggressive defense intervention can influence whether charges are preferred and may highlight weaknesses or mitigating factors that convince commanders not to proceed.

What if the investigation clears me?
Even if no charges are filed, your command can still take administrative action, such as initiating separation or issuing a reprimand. A legal strategy must address both criminal and administrative risks.

How long do military investigations take?
Timelines vary widely based on the allegations, but complex cases can take several months or longer. You should prepare for extended stress and uncertainty, making experienced legal guidance essential.

Contact Gonzalez & Waddington

If you’ve been notified of a military investigation, your future is at risk. Gonzalez & Waddington, Attorneys at Law, represent service members worldwide—officers and enlisted, including the Army, Navy, Air Force, Marines, Coast Guard, and Space Force. We provide rapid, confidential consultations and aggressive defense strategies. Call 1-800-921-8607 or visit https://ucmjdefense.com to protect your rights immediately.