Military Investigations

Military Criminal Investigation Defense Attorney | Korody Law, P.A

Know your rights. Have an advocate in your corner. Making a statement to a military investigator is almost always more harmful than helpful. Once you speak, you can’t take your words back. Korody Law, P.A. represents service members worldwide who are under military criminal investigation and need an experienced court-martial defense attorney on their side.

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Know Your Rights During a Military Criminal Investigation

Most service members do not properly exercise their legal rights during a military investigation. That is exactly what investigators count on. You need to understand that:

  • You have the right to remain silent and refuse to answer questions.
  • You have the right to speak with an attorney before making any statement or consenting to any search.
  • Conversations with your attorney are privileged, meaning they are confidential and cannot be used against you.
  • You can refuse consent to search your phone, home, vehicle, barracks room, or personal property.
  • Even if you already made a statement or consented to a search, there are legal tactics to mitigate the damage, and consent can sometimes be revoked.

Military members actually have more legal rights than civilians because of the inherently coercive nature of the chain of command. A young Marine, Soldier, Sailor, Airman, Guardian, or Coast Guardsman is trained to promptly answer superiors. Recognizing this, Congress and the President put rules in place to ensure a service member understands his or her rights before questioning.

Types of Military Investigations

There are two broad categories of investigations in the military. Korody Law, P.A. represents service members in both, with a focus on criminal investigations that can lead to court-martial, federal prosecution, or separation.

1. Command-Directed & IG Investigations

Commanders and Inspector General (IG) offices often conduct their own inquiries into alleged misconduct and leadership failures. These can include:

  • Drunkenness or other minor misconduct
  • Sexual harassment and EO/SHARP complaints
  • Damage to or loss of military property
  • Minor theft or simple assault
  • Allegations such as “lack of professionalism” or “loss of confidence in ability to lead”

While these may start as “administrative” investigations, the facts often lead to a criminal investigation or adverse actions such as relief for cause, GOMOR, NJP (Article 15), or separation.

2. Military Criminal Investigative Organizations (MCIOs)

The most serious matters are investigated by the Military Criminal Investigative Organizations (MCIOs):

  • Naval Criminal Investigative Service (NCIS)
  • Army Criminal Investigative Division (CID)
  • Air Force Office of Special Investigations (OSI)
  • Coast Guard Investigative Service (CGIS)

These federal law enforcement agencies investigate only serious criminal offenses and have one mission: collect evidence to support a prosecution. If you are the “subject” of an NCIS, CID, OSI, or CGIS investigation, their goal is to build a case against you for court-martial, federal indictment, or other adverse action.

Why You Should Not Talk to Investigators Without a Lawyer

Investigators are trained to obtain confessions and incriminating statements. They use interview techniques designed to make you talk, minimize your rights, and build the case they want. They often say:

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

The reality is:

  • Anything you say can and will be used against you at court-martial or in administrative actions.
  • Providing your phone, passwords, or devices can expose far more than you realize.
  • Once you talk, you cannot undo the damage.

Most of the time, the best decision is to politely refuse to answer any questions and immediately request an attorney. Only in limited situations – after a detailed consultation with an experienced military criminal defense lawyer – might cooperation be strategically beneficial.

How Korody Law Defends Service Members Under Investigation

Korody Law, P.A. does not sit back and wait for the command or MCIO to finish their work. We believe the best defense starts immediately when you learn you are under investigation.

Our approach to military criminal investigations includes:

  • Immediate rights protection: Advising you on when to invoke your rights, how to respond to investigators and command, and when to refuse searches or questioning.
  • Parallel defense investigation: Working with highly experienced contract investigators (often former federal agents) to collect evidence, locate and interview witnesses, and preserve favorable information that the government ignores.
  • Challenging statements and searches: Analyzing whether your rights were violated, whether your statement can be suppressed, and whether searches and seizures were lawful.
  • Early advocacy with command and OSTC/prosecutors: Communicating with investigators, commanders, and military attorneys to present your side, highlight exculpatory evidence, and attempt to stop a case from going to court-martial or severe administrative action.
  • Strategic mitigation: Even if you already made a statement or allowed a search, we work to limit the damage, revoke consent where possible, and build a narrative that supports your future defense.

Simply because you have talked or allowed a search does not mean your case is over. There are still rights to exercise, motions to file, and defenses to build.

Frequently Asked Questions About Military Criminal Investigations

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

No. You have the right to remain silent. You can (and should) respectfully state that you want to speak to an attorney before answering any questions.

Can my command order me to talk?

Your command can order you to appear or to obey lawful orders, but they cannot lawfully punish you for invoking your right to remain silent or your right to counsel regarding criminal allegations.

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

All is not lost. We can still assess whether your rights were violated, whether your statement can be suppressed, whether consent can be withdrawn for future searches, and how best to mitigate any damage.

Can I talk to a civilian attorney even if I have a military lawyer?

Yes. You are allowed to hire and consult with a civilian military defense attorney at any stage of the investigation, in addition to any military counsel you may be assigned later.

Contact Korody Law, P.A. About Your Military Criminal Investigation

If you have been contacted by NCIS, CID, OSI, CGIS, your command, or the IG about alleged misconduct, do not go it alone. Get experienced representation from an experienced military criminal defense attorney who understands how these investigations work and how to protect your career, your freedom, and your future.

Call or Contact Korody Law, P.A. Now for a Confidential Consultation

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