CID Investigation Defense

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An agent from the Army Criminal Investigation Division (CID), NCIS, OSI, or CGIS just knocked on your door or called your unit. They said they want to ask you some questions. They said it was routine. They said you are not under arrest.

What they did not tell you is that anything you say — right now, before an attorney is present — can and will be used to build a case against you. The investigation has already begun. The question is whether your defense begins now, or after you have already made statements that cannot be taken back.

YOUR   MOST IMPORTANT RIGHT — ARTICLE 31(b) UCMJ

Under Article   31(b) of the UCMJ, no one subject to military law may interrogate or request   a statement from a person suspected of an offense without first advising that   person of their right to remain silent and that any statement may be used   against them. This right is broader than Miranda — it applies any time a   military questioner suspects you of an offense, even in informal settings.   Exercise it immediately.

The full text of Article 31 rights is codified at 10 U.S.C. § 831. Understanding and invoking these rights at the moment of first contact is one of the most important things a service member can do.

CID agents are trained criminal investigators. They are not on your side. Their job is to gather evidence sufficient to support a court-martial conviction. They are skilled at building rapport, obtaining voluntary statements, and creating situations in which subjects believe they are helping themselves by cooperating. In most cases, voluntary statements made without counsel present hurt more than they help.

CID investigations typically proceed in stages — initial contact, subject interview requests, evidence collection, polygraph requests, and ultimately a report of investigation forwarded to the unit commander and Staff Judge Advocate for disposition. The earlier an attorney is involved, the more options exist to shape the outcome. 

• Stop talking immediately. Politely invoke your Article 31 rights: 'I am invoking my right to remain silent and my right to counsel.' Say nothing further.

• Do not consent to searches. CID needs either a warrant, your consent, or exigent circumstances. Do not give consent.

• Do not take a polygraph. Polygraphs are not admissible in court-martial but statements made during or around a polygraph examination can be.

• Contact an attorney before doing anything else. The window between first contact and a formal statement request is often narrow. Use it to get counsel.

• Preserve everything. Documents, text messages, emails, and other records relevant to the investigation should be preserved and provided to your attorney.

As a current Army National Guard JAG, Nelson Robles understands exactly how CID investigations are structured, what evidence patterns command JAG advisors find most compelling, and where investigations are most vulnerable to challenge. He has been on the side of the investigation that decides whether to proceed — which means he knows how to build a defense that addresses those decision points directly.

Facing military charges? Do not wait.

Attorney Nelson Robles is a current Army National Guard JAG — available 24/7.

Call or text (401) 445-4562 | Free consultation | Completely confidential