Know Your Rights

Mr. Culp and Mr. Litka have spoken to thousands of servicemen interested in their rights as a suspect, their rights facing non-judicial punishment, summary courts-martial, special and general courts-martial, and their rights when contemplating an administrative board.
If you are facing military charges, your freedom, career, and reputation are at risk. When dealing with your command, investigators, or police, always be respectful – but you also need to be firm.

Let your rights protect you:

    1. You do NOT have to make a statement to anyone, not
        even your commander.  In almost every instance, the only
        good statement is making no statement.

    2. You have a right to talk to an attorney, whether or
        not you committed a crime.  This is one of your most
        powerful rights.  If you invoke your right to remain silent,
        investigators or agents can re-initiate the questioning after
        a “reasonable” amount of time.  This usually equates to about 15 minutes. 
        If you invoke your right to speak to a lawyer, ALL questioning must stop unit
        you are afforded the opportunity to consult with a lwyer.

    3. You have a right to have an attorney by your side
        when you talk to any investigator or anyone in your chain of
        command.

    4. You do NOT have to consent to any search of your home, car,
        computer, or bodily fluids.

    5. You do NOT have to submit to a polygraph examination.

Before giving up any of these rights, speak with an experienced attorney – even if you’re innocent.

First, you must not give a statement.  It is this office’s opinion that a majority of cases are solved and prosecuted because potential suspects believe they can talk their way out of the problem with the end result being a confession or what a judge or jury will believe is a confession.

1. DO NOT MAKE A STATEMENT! 

What you probably do not realize is that the investigators and police are allowed to lie to you, and they will, repeatedly.  There is nothing you can say that is “off the record.”  There is absolutely no truth when they say “a man would own up to what they did” or “the lie detector test will clear you.”  Agents and Investigators will almost always purposefully NOT video or audio record your interrogation.  They do not want anyone to see how you were treated, lied to, or coerced to make a statement against yourself.

After the lie detector test they will show you a graph that will have hills and valleys.  Even if you have told the complete truth, they can point to a part of the graph and tell you this indicates deception, why don’t you tell us what really happened.

Moreover, they will ask you questions in the following manner; “Isn’t it possible it could have happened like ______”   All of these questions are designed to get you to confess so they can close the case.

1. ASK FOR A LAWYER


2. DO NOT REINITIATE CONTACT IN ANY WAY WHEN INVESTIGATORS LEAVE YOU SIT FOR WHAT MAY BE HOURS AT A TIME.


3. DO NOT TAKE A LIE DETECTOR TEST, DO NOT GIVE AN INTERVIEW AFTER YOU TAKE THE TEST, AND DO NOT CONSENT TO SEARCHES.


4. DO NOT THINK THAT IF YOU TALK BUT DO NOT SIGN OR HAVE ANYTHING WRITTEN DOWN YOU ARE SAFE.

GIVING A STATEMENT AND CONSENTING TO SEARCHES WILL INVESTIGATORS AND PROSECUTORS BUILD THE CASE AGAINST YOU.  The vast majority of convictions in the military result from statements or confessions provided to investigators or agents.  If you are being interrogated (agents refer to these not so pleasant experiences as “interviews”), or someone is asking you to make a statement, YOU NEED TO CONSULT WITH A LAWYER.  If you clearly and plainly ask to see a lawyer, your interrogation must cease immediately.  Invoking your right to a lawyer is the only way to permanently cease the interrogation.

You have a right and should seek advice from counsel.  You have a right to be given a reasonable opportunity to obtain witnesses.  You have a right to plead not guilty and explain your case.  You have a right to present matters in mitigation and extenuation. 

You have the right to seek advice from counsel.  You do not have the right to be represented by an attorney at a summary court marital. You have a right to be given a reasonable opportunity to obtain witnesses.  You have a right to plead not guilty and explain your case.  You have a right to present matters in mitigation and extenuation. 

This is your right.  In most instances this may not be the best choice.  In general, if you turn down your non-judicial punishment or your summary court-martial, it is more likely than not that the government will send your case to a special court-martial empowered to adjudge a bad conduct discharge.  On the other hand, sometimes turning down non judicial punishment or a summary court martial and electing to be tried at a special or general court-martial may be the only sure method of obtaining a fair proceeding.  You should always confer with an experienced attorney before turning down non judicial punishment or a summary court martial.

Pre-trial confinement in the military is vastly different than pre-trial confinement in the civilian sector.  There are only two reasons a military member may be held in pre-trial confinement:  (1) There is sufficient proof that the military member will engage in serious misconduct if not confined; and/or (2), there is sufficient proof the military member will not be present for trial.  In the event that you find yourself in pretrial confinement you shall be properly informed of:

1. The nature of the offenses


2. The right to remain silent.  If you speak those statements may be used against you.


3. The right to retain civilian counsel at no expense to the United States and the right to request a specific military counsel


4. The right to know the procedures that your pretrial confinement will be reviewed

You have the right to be represented by an attorney at a pre-trial confinement review (sometimes referred to as a hearing).  It is the opinion of Mr. Culp and Mr. Litka that you should almost never waive your right to a pre-trial confinement review or hearing.  It is all too often the case that military members are confined prior to their trial for all the wrong reasons.  Even if your commander has placed you into pre-trial confinement, a magistrate or military judge can order you released if there is insufficient proof that the service member will engage in serious misconduct or may attempt to flee before trial.

You have the right to be represented by your appointed counsel and a civilian counsel of your choice.

You have the right to plead not guilty. 

You have the right to testify on your own behalf or to not testify.  Your choice to not testify can never be held against you.

A special courts-martial is empowered to adjudge a maximum of 12 months of confinement, forfeiture 2/3 pay per month for 12 months, and a bad conduct discharge

You have the right to have your case tried before a judge alone or a panel.   If you are enlisted you may select a panel of officers or enlisted.  If you select an enlisted panel (jury), the Rules of Court Martial only require 1/3 of the panel to be enlisted members.

You also have a right to counsel of your choice. 

You have a right to plead not guilty.

You have a right to have your counsel fully investigate your case. 

An Article 32 Investigation is not something that should be waived without a full explanation as to how it can benefit your case.

You have the right to have your case tried before a judge alone or a panel.   If you are enlisted you may select a panel of officers or enlisted.

Do not lose hope if you have already made a statement.  Mr. Culp and Mr. Litka have successfully represented clients who have made statements. 
What do you do from here on out?

1. Do not make any more statements.
2. Write down all the circumstances that were going on that led up to your statement. 

Were you out partying the night before you made the statement?

Was there anyone with you such as your commander or first sergeant when you first made the statement?

Did they order you to speak?

Did they escort you down to the investigators or police and tell you they would be back when you were finished?

How many hours were you at the investigators or police before you made the statement?

When was the first time you were read your rights?

Did you invoke your right to counsel?

It is not enough to know these rights.

YOU MUST EXERCISE THESE RIGHTS.  If you do, you will increase the odds dramatically that your freedom, career, and reputation will survive the military justice process.