When you’re under investigation in the military, one of the most natural responses is to try to clear the air. Many service members believe that explaining their side to investigators will help clarify any misunderstandings. However, talking to investigators without legal counsel is one of the most common mistakes a service member can make in their defense. While it may feel uncomfortable or even suspicious to request an attorney, the decision to stay silent until you’re properly represented is not only smart—it’s essential.
I often hear the question: “Will asking for a lawyer make me look guilty?” Here’s my response. I would much rather my client look guilty while sitting safely at home than end up with a conviction by speaking too freely with investigators. Requesting an attorney is your right, and exercising it doesn’t make you guilty. In fact, it shows that you understand the seriousness of the situation and are taking the necessary steps to protect yourself.
Military investigators are skilled at getting people to talk, often by building rapport first. It might start casually, without even mentioning your rights, and soon they’re engaging you in a friendly conversation about your hobbies or background. This is a deliberate tactic, meant to make you feel comfortable and open up. But make no mistake: every word you say can be used against you. You might think that giving harmless biographical information, like describing a favorite hobby or recounting a night out, isn’t an issue. But details like these can lead investigators to probe your social media, find your friends, and start piecing together a case in ways you may not have anticipated.
What often happens is that service members, feeling confident that they have nothing to hide, provide information that can backfire. Let’s take the example of a sexual assault case. If an accuser claims that an assault took place but provides no evidence of it, the government may be unable to prove that any encounter happened. But if you then tell investigators, “Yes, we were together, but it was consensual,” you’ve now confirmed part of their narrative. Even worse, if you add details about alcohol or other activities, you may unintentionally strengthen their argument. This can lead investigators to suggest that your accuser was too intoxicated to consent, turning what could have been an unprovable case into something far more serious.
Another common pitfall is the temptation to “clarify” small details, often to help investigators understand that nothing improper happened. Unfortunately, these clarifications can provide just enough information for the government to build a more substantial case than they would otherwise have. Statements you think are helpful may inadvertently reinforce elements of the charge against you. Remember, investigators don’t need to be convinced of your innocence; they’re collecting details that may serve as evidence against you.
Some cases involve investigators who will approach you under the guise of “routine questions” about your personal details—hair color, social media handles, and even weight and height. What might seem routine is actually a way to gather more background and uncover online activity, giving them a window into your digital footprint. This is another reason to exercise caution. Rather than answering these seemingly innocent questions, request an attorney and stop all further conversation.
There may be rare cases where it makes sense to share certain information with investigators. But this is a calculated decision, one made only after carefully considering the strength of the evidence and potential defense strategies. Your defense attorney will help determine whether sharing information could work in your favor. This is a high-stakes, high-reward approach that requires professional oversight—not something to attempt on your own. For the majority of cases, the best advice is to remain silent.
Ultimately, your best chance of a strong defense lies in preserving your rights and exercising caution. No matter how “routine” the questions may seem or how friendly the investigators appear, remember that your words are being recorded, transcribed, and likely reviewed in ways that can impact your case. Your freedom, your career, and your reputation depend on making the right moves from the beginning. So, if you’re under investigation, don’t rely on casual explanations or trust in the goodwill of the process. Protect yourself by staying silent, requesting an attorney, and letting your defense be managed by someone with experience and expertise in military law.
Defending Service Members Globally
Wherever Duty Calls, Our Defense Follows
