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Article 31, Uniform Code of Military Justice (UCMJ) Article 31 states that a military investigator who suspects, or reasonably should suspect, a troop has committed any offense, must read that troop his or her rights before asking any questions about the suspected offense.  It’s an additional right that goes beyond the Miranda warnings you’ve seen on television cop shows.  If an investigator asks you questions about an offense without reading you your rights, your answers cannot be used against you.  The rights referred to include refusing to answer questions where the answer may incriminate you, and speaking with an attorney before answering questions.  Remember, you can only exercise the right to remain silent if the answer would incriminate you, i.e. you can’t refuse to answer questions because you fear it will get your best friend in trouble.  If you waive your right and agree to answer questions, anything you say will be used against you to try to convict you of a crime and send you to jail.  If someone is reading you your rights, they aren’t trying to help you get out of a bind.  They’re hoping that you’ll confess so that they can wrap up the investigation and set you on the path to prison. So should you talk?  Should you waive your right to remain silent and answer questions?  Many people believe that if they don’t talk, the investigator will assume that they are trying to hide something.  Many troops are told this during an interrogation.  Chances are, if you’re being read your rights by a special agent, don’t you think he’s already assuming that you have something to hide?  If he didn’t assume that, then he wouldn’t have had to read you your rights.  Remember, once you talk, you cannot un-talk.  That is, you can’t take back what you say.  However, if you choose to remain silent, you can always change your mind later (after talking to an attorney) and talk then.  But the question remains, should you just waive your rights and talk, especially if you believe you have nothing to hide because you know in your heart that you’ve not committed any crimes?  Well, I cannot give you legal advice through a website, so I cannot give you a blanket answer.  However, you can always talk later, after talking with an attorney.  But if you decide to waive your rights and answer questions before consulting an attorney, you could wind up hurting your defense because you are bound by what you said.  You could wind up admitting to a crime you didn’t know about while denying the crime they’ve told you that you are suspected of committing.  For example, say you had consensual sex with a person you knew was going through a divorce, who later reports you for rape.  Incensed at the accusation, you waive your right to remain silent and explain to the special agent who’s interrogating you that you had sex and it was completely consensual, because you’ve been dating while her divorce goes through.  You’ve just made it easier for them to prove adultery, and now they could charge you with rape and adultery.  At this point, even if you are found not guilty of rape, you’ll very likely be found guilty of adultery and have a federal criminal conviction for it from a General Court-Martial, meaning you could face one year in prison and a dishonorable discharge.  If you had remained silent, you might have been able to have your attorney do some of his or her own investigation and discovered a possible motivation for a false accusation of rape, causing the investigation to be dismissed without filing any charges.  The takeaway from this example is that you are always better off talking with an attorney that has your best interests as a priority.  Only with an attorney can you formulate the best defense against allegations of misconduct. Right to An Attorney If you are prosecuted at a Special Court-Martial or at a General Court-Martial, you have the right to have an attorney represent you.  In the military, you will be assigned an active duty attorney (JAG/Legal Officer) appointed to represent you at no cost to you.  You also have the right to hire a civilian attorney to represent you, at no cost to the government.  This means you pay the legal fee and any expenses incurred by your civilian attorney.  The cost of hiring an attorney varies according to the complexity of the case, and is worked out privately between you and the attorney you hire. You have the right to consult an attorney before answering any questions where you fear the answers may incriminate yourself.  Practically speaking, this means you could wind up raising a flag to those who don’t suspect you of any misconduct by answering, “Sir/Ma’am, I cannot answer that question without first consulting an attorney.” Other Rights   If you are prosecuted at a Court-Martial, you have the absolute right to remain silent.  You also have the right to testify on your own behalf at the trial, and/or at the Article 32 hearing.  If you choose to remain silent, the prosecution may not reference that fact, and the jury may not hold it against you.  You are always presumed innocent unless and until the prosecution presents enough evidence to prove your guilt beyond a reasonable doubt. You have the right to confront any witness against you through cross examination at trial and at any Article 32 hearing. You have the right to expert assistance at no cost to you if it is deemed necessary by the judge in order to mount a defense.  In practice, if the prosecution gets an expert, the defense gets one too. Dedicated to defending those that defend our freedom.