What is a military criminal investigation?

A military criminal investigation is an inquiry into suspected misconduct or criminal offenses involving a service member, military employee, dependent, or other person connected to the armed forces. Depending on the allegations, the matter may be investigated by CID, NCIS, OSI, CGIS, military police, security forces, or command authorities, and it can lead to court-martial charges, nonjudicial punishment, administrative separation, officer show cause proceedings, or other adverse action.

What is an Army 15-6 investigation?

An Army Regulation 15-6 investigation is an administrative fact-finding investigation used by commanders to examine allegations of misconduct, leadership failures, loss of property, operational problems, or other significant issues. Although a 15-6 investigation is administrative rather than criminal, statements and findings can still have serious career consequences and may later be used to support adverse administrative or disciplinary action.

Is a 15-6 investigation the same as a CID investigation?

No. A 15-6 investigation is generally an administrative investigation ordered by command, while CID investigates suspected criminal offenses in the Army. However, the two can overlap. A command may begin a 15-6 inquiry, pause it, or rely on information developed in a CID investigation. In some cases, both administrative and criminal processes move forward at the same time.

What does CID investigate in the military?

CID investigates a wide range of suspected Army criminal offenses, including assault, sexual offenses, domestic violence, larceny, fraud, drug offenses, child exploitation allegations, computer crimes, and other serious misconduct. CID investigations can result in arrest, search authorizations, command action, adverse personnel consequences, and possible court-martial referral.

What does NCIS investigate?

NCIS investigates criminal, counterintelligence, force protection, and national security matters involving the Navy and Marine Corps. NCIS cases can include sexual assault allegations, drug offenses, domestic violence, fraud, computer offenses, death investigations, child exploitation allegations, and other misconduct that may lead to court-martial, administrative separation, or officer misconduct proceedings.

What does OSI investigate in the Air Force?

The Air Force Office of Special Investigations, often called OSI or AFOSI, investigates felony-level offenses, fraud, counterintelligence matters, cyber-related offenses, sexual misconduct allegations, drug crimes, and other serious violations involving Air Force and Space Force personnel. OSI investigations may trigger both criminal exposure and administrative actions.

What does CGIS investigate?

CGIS, the Coast Guard Investigative Service, investigates serious criminal allegations and other significant matters involving Coast Guard personnel and operations. A CGIS investigation can affect both military justice exposure and administrative status, including clearance issues, detachment, and discharge processing.

What is the difference between military police and CID or NCIS?

Military police, security forces, or base law enforcement often respond first to incidents, secure scenes, collect preliminary information, and prepare initial reports. CID, NCIS, OSI, or CGIS typically handle more serious or specialized criminal investigations. A case may begin with military police and later be transferred to a criminal investigative organization.

Can military police question me about an alleged offense?

Yes, but service members still have rights. If you are suspected of an offense, questioning by military police, security forces, command representatives, or criminal investigators may trigger Article 31(b) rights. Before answering questions, it is critical to understand the allegation, your rights, and the risks of making a statement.

What are Article 31(b) rights?

Article 31(b) of the Uniform Code of Military Justice requires certain warnings before a person subject to the UCMJ is questioned as a suspect or accused. The service member must generally be informed of the nature of the accusation, advised that they do not have to make any statement, and told that any statement may be used as evidence against them in a trial by court-martial.

Do I have to answer questions from my commander or first sergeant?

Not always. If the questioning concerns suspected misconduct and you are a suspect, Article 31(b) may apply even when the questioner is not a criminal investigator. Commanders, first sergeants, chiefs, and other superiors can trigger rights warnings when asking disciplinary questions. A service member should be very cautious before making any statement about alleged misconduct.

Can I refuse to talk to CID, NCIS, or OSI?

A service member generally has the right to remain silent and decline to answer questions about suspected misconduct. Invoking that right should be done respectfully and clearly. In many cases, the safest course is to request counsel and decline questioning until you have spoken with a military defense lawyer.

What is a command search authorization?

A command search authorization is a military authorization to search a person, place, or property based on probable cause. In many military settings, a commander or military magistrate may authorize the search rather than a civilian judge. Command search authorizations are often used for barracks rooms, offices, vehicles, phones, and other property connected to service members or the installation.

Can a commander authorize a search of my barracks room?

Yes. Under military law, a commander with proper authority may be able to authorize a search of a barracks room if probable cause exists. The legality of the search can depend on the facts, the scope of the authorization, the nature of the area searched, and whether the search complied with military rules of evidence and applicable regulations.

Can the military search my phone?

Yes, but a lawful basis is generally required. Investigators may seek a command search authorization, consent, or other legal authority to search a phone. Because phones contain extensive private information, litigation often arises over the scope of the authorization, forensic extraction methods, and whether the search exceeded what was lawfully permitted.

Should I consent to a search in a military investigation?

In most cases, consenting to a search is risky. By consenting, a service member may give investigators access they otherwise might not lawfully obtain. Whether the issue involves a phone, vehicle, barracks room, locker, or other property, it is generally wise to avoid giving consent and to seek legal counsel immediately.

Can commanders inspect my room or work area without probable cause?

Military commanders may conduct lawful inspections for readiness, security, health, welfare, or accountability purposes. However, an inspection cannot simply be a disguised search for evidence. Whether an inspection was legitimate or actually a subterfuge for a criminal search can become a major issue in military litigation.

What is the difference between an inspection and a search in the military?

An inspection is generally intended to evaluate security, military fitness, readiness, or good order and discipline across a unit or area. A search is aimed at obtaining evidence against a particular person or persons. That distinction matters because different legal standards apply, and an unlawful inspection used as a pretext for a criminal search may be challengeable.

Can a military investigation lead to both court-martial and administrative separation?

Yes. A service member can face parallel consequences from the same investigation. The command may consider court-martial charges, nonjudicial punishment, letters of reprimand, security clearance issues, adverse evaluations, removal from special duty, and administrative separation at the same time or in sequence.

Can a 15-6 investigation be used against an officer in a show cause case?

Yes. The results of a 15-6 investigation can be used to support adverse action against an officer, including a reprimand, relief, detachment for cause, adverse evaluation, withdrawal of favorable personnel actions, or show cause processing. Even though the proceeding is administrative, the career consequences can be severe.

Can enlisted members face separation based on a military investigation even if they are not court-martialed?

Yes. A command can use the facts developed during an investigation to support administrative separation even if no court-martial charges are preferred. In some cases, the military may pursue separation instead of prosecution. In others, separation may follow nonjudicial punishment or a declination to prosecute.

What happens after CID, NCIS, or OSI finishes the investigation?

Once the investigation is completed, the report may be forwarded through command channels for legal review and disposition. The command may decide to take no action, impose administrative measures, offer nonjudicial punishment, initiate administrative separation, or seek court-martial charges depending on the evidence and the nature of the allegation.

Can I get a copy of the CID or NCIS report?

Sometimes, but not always immediately. Access to investigative reports may depend on the stage of the case, privacy concerns, discovery rules, Freedom of Information Act procedures, Privacy Act issues, and whether charges have been preferred. A defense attorney can often work to obtain reports, exhibits, recordings, and other material through the appropriate channels.

What should I do if NCIS or CID wants me to come in for an interview?

You should assume the interview is serious and avoid trying to talk your way out of it. Investigators may already have witness statements, digital evidence, text messages, surveillance, or forensic evidence before contacting you. The prudent course is usually to decline questioning, request counsel, and speak with a military defense lawyer before any interview.

Can I be ordered to unlock my phone in a military investigation?

Issues involving compelled unlocking of phones can be legally complex and fact-specific. Whether the government may compel a service member to provide a passcode, biometric access, or other assistance can depend on constitutional protections, military evidentiary rules, the precise order given, and current case law. This is an area where immediate legal advice is critical.

Can a military investigation affect my security clearance?

Yes. Even before charges are filed, a criminal or misconduct investigation can trigger reporting requirements, suspension of access, review of eligibility for access to classified information, or other adverse personnel consequences. Clearance concerns often proceed on a separate track from the criminal case itself.

Can civilian police and military investigators both investigate the same incident?

Yes. Some incidents create overlapping military and civilian jurisdiction. A case may involve local police, federal agents, military police, and CID, NCIS, OSI, or CGIS. Parallel investigations can create major risks because statements made in one setting may affect the other.

What is the role of a military defense lawyer during an investigation?

A military defense lawyer can advise a service member before interviews, address search and seizure issues, evaluate Article 31(b) problems, communicate with investigators or command when appropriate, preserve defenses early, and help limit the damage that can result from premature statements or consent to searches.

When should I hire a lawyer in a military investigation?

The best time to involve a lawyer is as early as possible, ideally before any interview, consent search, written statement, or command meeting about the allegations. Early intervention can matter enormously in military investigations because decisions made in the first hours or days often shape the rest of the case.

Why is early defense important in a military investigation?

Early defense matters because service members often damage their cases by making statements, consenting to searches, turning over devices, or trying to explain allegations before understanding the evidence. A prompt defense strategy can help protect rights, challenge unlawful investigative steps, and position the case better for command review, nonjudicial punishment, administrative action, or trial.

The Case Against You Is Already Being Built.
Your Defense Should Be Too.

If NCIS, CID, OSI, or CGIS has contacted you, the investigation is not starting — it is advancing. Investigators may already have witness statements, digital evidence, and laboratory results.

Every statement you make will be documented. Every delay can narrow your options. Every misstep can follow you for the rest of your career.

Do not walk into an interview unprepared. Do not assume cooperation protects you. Do not wait for NJP, separation, or a Board of Inquiry to begin.

With more than 70 years of military and federal criminal defense experience, Korody Law represents service members nationwide facing serious investigations.

Protect your career. Protect your retirement. Protect your clearance.

Schedule a Confidential Strategy Session Immediately

Nationwide representation for service members under investigation.

If you are stationed in the Jacksonville region, including NAS Jacksonville or Naval Station Mayport, visit our Jacksonville Military Lawyer page.

Military Defense • Criminal Investigations • Worldwide

Military Criminal Investigation Defense Attorney

If you are contacted by NCIS, CID, OSI, CGIS, your command, or the Inspector General about alleged misconduct, your first decisions matter more than you think. A “simple interview” can turn into a confession narrative, and “consent” can open your phone, your home, your car, and your digital life. Know your rights and protect the record—from the start.

Confidential Consultation Your Rights Investigation Types FAQ

Call/Text: (904) 383-7261 • Jacksonville, FL • Worldwide representation

NCIS CID OSI CGIS Command / IG

Know Your Rights During a Military Investigation

Most service members do not properly exercise their legal rights during investigations—especially early. Investigators know that many members will try to “explain it away.” That is rarely the path to safety and often results in admissions. Admissions are confessions to key facts even where the ultimate crime is denied – think admitting to sex with an intoxicated partner in a sexual assault investigation.

Rights You Can Exercise Immediately

Right to remain silent and decline to answer questions.
Right to counsel before any interview or statement.
Privilege/confidentiality for attorney communications.
Right to refuse consent to search your phone, home, vehicle, barracks room, and personal property.
Right to decline “informal” chats that are really interviews.

Two Practical Truths

Once you talk, you can’t un-talk. A statement can become the central “admission” used at court-martial or in separation.
Consent hurts your defense. Handing over devices or passwords can expose far more than the original allegation.

Chain-of-command reality: Service members are trained to comply and answer superiors. Investigators use that dynamic. Your safest default is to be respectful, say you want counsel, stop talking, and hire Korody Law. We put up a barrier between you and investigators, protect your rights, and guide you through the investigative process.

Types of Military Investigations

1) Command-Directed & IG Investigations

Commanders and Inspector General offices often conduct inquiries into alleged misconduct and leadership issues. These matters can begin as “administrative” but still lead to severe consequences.

Positive drug tests and minor drug offenses
EO/SHARP complaints, harassment allegations
Loss/damage of property, minor theft, simple assault
Orders violations
“Loss of confidence,” professionalism, leadership concerns

Even administrative inquiries can generate admissions and records that later drive administrative separation, BOI/show-cause actions, or security clearance problems.

2) MCIO Investigations (NCIS / CID / OSI / CGIS)

The most serious matters are typically investigated by Military Criminal Investigative Organizations (MCIOs): NCIS, Army CID, AF OSI, and CGIS. If a MCIO is investigating you, you need a lawyer.

These are federal law-enforcement investigations designed to collect evidence for prosecution or adverse action. If you are the “subject” (or even a “person of interest”), assume the case is being built forward.

Sexual assault, rape, indecent exposure allegations
Domestic violence, strangulation, aggravated assault allegations
Drugs possession and distribution allegations
BAH fraud, travel claim fraud, and false official statements
Theft of military property
Child exploitation / child pornography

Why You Should Not Talk to Investigators Without a Lawyer

Investigators are trained to obtain incriminating statements. They will try to build a rapport and tell you it is in your best interests to speak to them:

“We just want your side of the story.”
“If you cooperate, it will go easier.”
“If you have nothing to hide, you should talk.”

Reality: Statements get used at court-martial, in administrative separation, and in later reviews. If there’s a strategy for cooperation, it should be planned—after counsel review—never improvised in an interview room.

How Korody Law Defends Service Members Under Investigation

Korody Law doesn’t wait for the government to finish it’s investigation. Here’s what that means in practice:

Immediate Rights Protection

How to invoke rights respectfully and effectively
How to respond to investigators and command
When to refuse consent (and how to handle device requests)

Parallel Defense Investigation

Identify the real issues and the government theory
Preserve favorable evidence and witness statements
Build mitigation early when it matters

Challenging Statements and Searches

Analyze interview warnings/rights compliance
Review search authority vs consent searches
Assess suppression and litigation strategy

Early Advocacy

Strategic communication with counsel/command
Highlight exculpatory evidence and legal weaknesses
Work to prevent overcharging or unnecessary escalation

Already spoke or consented? Your case is not “over.” There are still tools to limit damage, challenge legality, and protect your rights going forward.

Frequently Asked Questions

Do I have to answer questions from NCIS, CID, OSI, or CGIS?

No. If you are suspected of an offense, you have the right to remain silent and the right to consult with an attorney. You may respectfully state that you want to speak with counsel before answering any questions.

Can my command order me to talk to investigators?

Your command can order you to appear and comply with lawful administrative directives. However, you generally cannot be punished for invoking your right to counsel and your right to remain silent regarding criminal allegations.

What if I already gave a statement or consented to a search?

All is not lost. Defense strategy may still include reviewing rights advisements, evaluating search authorizations, analyzing consent issues, and developing mitigation or litigation options going forward.

Can I hire a civilian lawyer even if I have military defense counsel?

Yes. You may retain civilian counsel at any stage of an investigation or disciplinary proceeding. Civilian counsel can work alongside detailed military defense counsel to develop coordinated strategy.

Will an investigation automatically lead to NJP or separation?

Not necessarily. Outcomes depend on the evidence, command decisions, and early strategic intervention. Some investigations close without action. Others escalate quickly. Early legal guidance often affects which path is taken.

Under investigation? Do not guess your way through an interview or a “consent” request.

Military investigations move quickly. The earlier you speak with experienced counsel, the more options you preserve.

Contact Korody Law for a Confidential Consultation

Nationwide representation for service members facing military investigations.

Disclaimer: This page provides general information and is not legal advice for any specific matter.

Military Investigations

The Case Against You Is Already Being Built.
Your Defense Should Be Too.

Military Criminal Investigation Defense Attorney

Know Your Rights During a Military Investigation

Rights You Can Exercise Immediately

Two Practical Truths

Types of Military Investigations

1) Command-Directed & IG Investigations

2) MCIO Investigations (NCIS / CID / OSI / CGIS)

Why You Should Not Talk to Investigators Without a Lawyer

How Korody Law Defends Service Members Under Investigation

Immediate Rights Protection

Parallel Defense Investigation

Challenging Statements and Searches

Early Advocacy

Related Pages

Frequently Asked Questions

630 West Adams Street, Suite 208
Jacksonville, FL 32204

About Us

Connect

Attorney Disclaimer

The Case Against You Is Already Being Built. Your Defense Should Be Too.

Military Criminal Investigation Defense Attorney

Know Your Rights During a Military Investigation

Rights You Can Exercise Immediately

Two Practical Truths

Types of Military Investigations

1) Command-Directed & IG Investigations

2) MCIO Investigations (NCIS / CID / OSI / CGIS)

Why You Should Not Talk to Investigators Without a Lawyer

How Korody Law Defends Service Members Under Investigation

Immediate Rights Protection

Parallel Defense Investigation

Challenging Statements and Searches

Early Advocacy

Related Pages

Frequently Asked Questions

630 West Adams Street, Suite 208Jacksonville, FL 32204

About Us

Connect

Attorney Disclaimer

The Case Against You Is Already Being Built.
Your Defense Should Be Too.

630 West Adams Street, Suite 208
Jacksonville, FL 32204