A military sexual assault case under the UCMJ usually starts – for you – with a sudden call to CID, OSI, NCIS, CGIS, or some other law enforcement interview.
Generally that means there has been an unrestricted allegation you raped, assaulted, or harassed someone – potentially some time ago. You are usually the last person to be interviewed.
You will then be escorted to law enforcement for interrogation. You should be aware that this is the first step in getting you to confess or make statements that are not helpful to you.
Do not make any statements
Ask to speak to a lawyer
. . .
“I do not wish to make a statement”
“I want a lawyer now”
Your rights include
- The right to remain silent
- The right to talk to a lawyer and have one present for an interrogation
- The right to terminate or stop an interrogation at any time, even if you have initially waived your right and elected to talk
- The right to leave the interrogation
- The right to say "No" to a request for permission to search
Exercising your Article 31, UCMJ / United States v. Tempia rights is the first and most important steps to a successful defense.Do not consent to a search of your house or room, your car, your computers, or your cellphone