In civilian law, an individual is informed of their rights during a custodial interrogation, in a procedure commonly called a Miranda warning. Article 31 of the UCMJ gives similar rights to military members, which apply to any interrogation regardless if it is custodial in nature, including initial questioning.
Suspects’ rights under military law:
- The right to remain silent
- The right to speak to a lawyer
- The right to stop an interrogation
- The right to leave an interrogation
- The right to refuse a search.
A military member must speak carefully during an interrogation in order to fully invoke these rights; for example, simply stating “I want to talk to someone” will not end an interrogation, whereas stating “I won’t talk without a lawyer” should.
As in civilian law, violations of these rights can make evidence obtained during the interrogation inadmissible.
Unlike in civilian law, an attorney does not need to be provided until charges are formally filed. This delay in legal advice can place pressure on the interrogation subject, potentially undermining their rights. For this reason, it can be advantageous for a military member under initial interrogation to quickly contact a civilian lawyer or already have one on retainer.
Contact an experienced military lawyer if you need one! Ernesto Gapasin is a distinguised military defense attorney who has previously worked as a JAG lawyer.