MEGHAN GLUSHENKO LAW

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KNOW YOUR RIGHTS

What if CID wants to talk?

Your chain of command can make you go to CID, but they cannot force you to make a statement.

Tell CID IMMEDIATELY: "I want a lawyer.  Please stop all questioning.  I am invoking my right to remain silent."  Do not wait to invoke your rights until after CID hands you a DA Form 3881.  If you are handed a DA Form 3881, fill out Section C - Non-Waiver.  Check the boxes that say "I want a lawyer" and "I do not want to be questioned or say anything".

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Doesn’t invoking my rights make me look guilty?

Everyone worries that invoking their rights will make them look guilty.  However, speaking with an attorney before deciding to waive your rights is ALWAYS the best idea.  Even if you are innocent, you may unwittingly confess to a crime.   This is because you have not memorized the entire UCMJ, every State and Federal Law, or every Army policy and regulation that you are subject to.  One way to handle your fear is to blame your lawyer as the reason you are invoking your rights.  You can say "Sir/Ma'am/CID Agent, I would speak with you, but my lawyer told me not to.  Could you please contact her about this issue."  Keep in mind, it is not necessary for you to already have a lawyer to invoke your right to speak with one.  Simply telling CID that you want to speak with a lawyer is sufficient.  You can always contact an attorney AFTER you have INVOKED your rights.  If after speaking to a lawyer, a lawyer advises that it is in your best interest to make a statement, there are still ways to protect your rights.  For example, your lawyer may be able to make a statement on your behalf.  Because such a statement is not made by you, it can not be used against you in a court-martial.  

What are my rights to a lawyer?

You essentially have three choices when it comes to your right to a lawyer.  First, you are entitled to free representation by a Army Trial Defense Counsel.  This lawyer is a member of the U.S. Army Trial Defense Service and will be detailed to you.  Second, you can ask your detailed Defense counsel to make a request for Individual Military Counsel (IMC).  This can be a military lawyer of your own selection provided they are "reasonably available" as defined by Army Regulation 27-10.  Third, you have a right to hire any civilian Defense counsel at your own expense.  Civilian attorneys are permitted to represent you before courts-martial, administrative separation proceedings, and during the GOMOR rebuttal process.

Trial Advocacy Excellence
Meghan Glushenko is committed to excellence in advocacy and has been studying both its art and science components for almost 20 years.  

Legal Disclaimer:  The information on the website is not meant to provide legal advice about the visitor’s individual legal problem and you should not disclose confidential information in email or through the contact form until Meghan Glushenko Law has agreed to enter into an attorney-client relationship with you.  Meghan Glushenko Law is not affiliated with or sponsored by the U.S. Army Trial Defense Service, Fort Bragg, or the U.S. Army.