Understanding Military Investigations: Your Rights and How a Lawyer Can Help

September 29, 2025

Military life is built on discipline, accountability, and trust. When allegations of misconduct arise, the military takes them very seriously, often launching a formal investigation under the Uniform Code of Military Justice (UCMJ). This is sometimes referred to as a 15-6 Investigation.


For service members, being the subject of a military investigation can feel overwhelming. Your career, freedom, and reputation may all be at risk. That's why it's essential to understand how these investigations work, what your rights are, and how an experienced military defense attorney can make a difference.

What Triggers a Military Investigation?

Military investigations can begin for a variety of reasons, including:

• Alleged misconduct (e.g., insubordination, fraternization, drug use).


• Criminal allegations (e.g., theft, assault, sexual assault, fraud).


• Violations of regulations (e.g., misuse of government property, AWOL).


• Complaints from fellow service members or civilians.

Investigations are typically handled by agencies such as:

• Command-level inquiries – Conducted within the unit for minor issues.


• Military Police (MPs) or Naval Criminal Investigative Service (NCIS), Air Force Office of Special Investigations (OSI), or Army CID (Criminal Investigation Division) – For serious allegations.

What Happens During a Military Investigation?

1. Initial Allegation– A complaint or report is filed.


2. Preliminary Inquiry– Investigators gather evidence and interview witnesses.


3. Formal Investigation – Depending on findings, a more in-depth investigation may be ordered.


4. Report of Investigation – Commanders receive the results and decide whether to dismiss the matter, impose administrative action, or pursue charges at a court-martial.

Even though the military operates under its own system of justice, service members have important rights when under investigation. These include:

• The Right to Remain Silent (Article 31(b) UCMJ)
  You are not required to answer questions that may incriminate you.


• The Right to Be Informed of Allegations
  Investigators must inform you of the nature of the suspected misconduct before questioning.


• The Right to Counsel
  You have the right to consult with a military defense attorney free of charge or to hire an experienced civilian military defense lawyer.


• The Right Against Unlawful Searches and Seizures
  Investigators generally need proper authorization to search your belongings, phone, or computer. The military allows for warrantless searches in work areas, but not in a soldier's quarters.

Common Mistakes Service Members Make During Investigations

• Talking without legal advice – Many think cooperating will make the problem go away, but unguarded statements can be used against you.


• Assuming minor allegations don't matter – Even small infractions can affect promotions, security clearances, benefits, and being discharged from the military.


• Failing to act quickly– Waiting to get legal help can weaken your defense.

How a Lawyer Can Help in a Military Investigation

A skilled attorney plays a critical role in protecting your career and future. Here's how:

• Advising you before questioning – Ensuring you don't say anything that could harm your case.


• Challenging unlawful evidence – Preventing improperly obtained searches or confessions from being used.


• Presenting your side of the story – Gathering witness testimony, documents, and evidence that supports your defense.


• Negotiating with command – Sometimes issues can be resolved at the administrative level before they escalate to court-martial.


• Representing you in court – If charges are filed, your lawyer will fight to protect your rights and minimize consequences. You have the right to military counsel, but you can retain a civilian lawyer to represent you in court at your own expense.

Why Early Legal Representation Matters

Many service members wait until charges are filed to contact a lawyer, but by then, damage may already be done. Having a defense attorney from the very beginning of an investigation gives you a stronger chance to control the narrative, challenge weak evidence, and prevent escalation.

Final Thoughts

Being under investigation in the military is a serious matter that can affect your career, freedom, and benefits. Understanding your rights and seeking immediate legal counsel is the best way to protect yourself.
If you or a loved one is facing a military investigation, don't face it alone. An experienced military defense lawyer can guide you through every step, protect your rights, and fight for the best possible outcome.