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5 Things You Should Do When the Military is Investigating You

5 Things You Should Do When the Military is Investigating You

If you are facing a military investigation here is a list of things that you should do to save your career and reputation


   Becoming a military leader in today’s times is difficult, considering the zero-defects mentality has made its return. The Armed Services are now dealing with a myriad of charges from politicians looking to take advantage at the Military’s expense. In this environment, allegations and complaints are many; and many honorable women and men find their military careers and reputations constantly under attack.

   Under these conditions any Non-Commissioned Officer (NCO) and officer should expect to become a subject in an investigation at one point or another; be it allegations of defying the Uniform code of Military Justice (UCMJ), a criminal investigation or any other investigation. The investigation and how you respond to it can have a negative effect on your career and life, if not handled well. The following are some of the things you should do immediately.


   Stay Silent Until You Retain Counsel


   Once you find out that the military is investigating you, the first knee-jerk reaction is talking with the investigator or someone higher in the command chain to try and sort out everything. However, until you consult with legal counsel, it is best that you say nothing. Remember, anything you say can and will be used against you; also, be careful whenever you are talking to the investigating officer.


   Be Proactive


   The Government-appointed military defense attorney has fewer resources at its disposal compared to military legal firms like https://mymilitarylawyers.com/. The state sponsored counsel is likely to advise you to wait for the investigation’s outcome before they can formulate any rebuttal strategies. This is potentially disastrous, and may hurt your case more than you know; the faster you bring outside counsel on board, the more time they will have, and a better chance, to prepare your defense.

   Waiting means that you forfeit a chance to shape the investigation’s outcome. It also wastes valuable time that should have been better spent on creating a rebuttal before the investigation is complete. In addition, waiting out the investigation means that you have practically handed over control and initiative over your military career to an investigator.


   Hire an Investigator


   If facing a serious IG or command investigation, or criminal charges, discuss with your attorney on whether you should retain an investigator to develop defense evidence. This is evidence that you can use to impeach or discredit the Government’s evidence. Doing so gives you the opportunity to appear before the Court Martial or administrative hearing as a friendly witness.


   Hire a Polygraph Examiner


   In civil courts, a polygraph examination is not generally admissible; but a favorable result can have a great bearing on any type of military investigation. If the examiner is retained by your attorney, everything you have to say during the polygraph examination (including the results) is protected under the attorney-client privilege umbrella.


5 Things You Should Do When the Military is Investigating You


   Contest the Investigator’s Findings


   In most cases, military investigations are conducted by personnel without the necessary training or requisite investigatory experience. The end result is poor investigations that are poorly reasoned out with poorly supported recommendations and findings. A vigorous rebuttal, in most cases, is all that is required to expose such shortcomings and discredit the entire investigation against you.

   Today the military is facing many hurdles like waste and abuse, domestic violence, rape and sexual assault, suicide, fraud and many other issues that inevitably find their way into the headlines. Force structure reductions and budget cuts are creating pressure on the Armed Services, leading to reduced manpower. No matter the kind of investigation that has been instituted against you, implementing the strategies above ensures that you have more than a fighting chance of coming out with your career and reputation intact.












Personal appeal from Andrius Genys

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