If you are facing military charges, your freedom, career, and reputation are at risk. When dealing with law enforcement or command, always be respectful – but you also need to be firm.
Let your rights protect you:
- You don’t have to make a statement to anyone, not even your commander.
- You have a right to talk to an attorney, whether or not you committed a crime.
- You have a right to have an attorney by your side when you talk to any investigator or anyone in your chain of command.
- You don’t have to consent to any search of your home, car, computer, or bodily fluids.
- You don’t have to submit to a polygraph examination.
Before giving up any of these rights, speak with an experienced attorney – even if you’re innocent.
Do not talk.
If you haven’t made a statement yet, don’t give up your right to silence without speaking with an experienced attorney first. Don’t speak to anyone about your case – including your friends and family. You don’t have to let anyone, including your commander, your supervisor, or investigators pressure you to give up your right to silence. As you have heard many times, “anything that you say can and will be used against you.”
What you might not realize is that the police are allowed to lie to you – whether or not you are actually guilty – during questioning to get you confess. They can lie and tell you that they have DNA proving you committed the crime. They can lie and tell you that witnesses saw you commit the crime. These are tricks meant to get you to confess. Investigators may persuade friends and family members to wear a wire when they talk to you. A seemingly confidential conversation with someone you trust could lead to your conviction.
Request an attorney.
You have a right to an attorney, whether or not you committed a crime. Once you firmly ask for an attorney, the police and military officials should stop questioning you. However, some may still pressure you to talk. They may tell you that your only hope is to cooperate. Talk to an experienced attorney before agreeing to make any statement.
Do not consent to searches or a polygraph examination.
You don’t have to let investigators search your home, car, computer, clothes, or any other property if they don’t have a warrant. Sometimes, they won’t be able to get a warrant, which means they can’t do a search if you don’t consent to it. Always be respectful with law enforcement and command, but don’t consent to any search before consulting with an experienced attorney.
You don’t have to submit to a polygraph examination. Even if you are completely innocent, don’t agree to a polygraph before speaking to an experienced attorney. These tests are just another interrogation tool and can be used to extract false confessions.
If you already made a statement.
Even if you have already made a statement, don’t lose hope. With experienced, aggressive attorneys like Greg Gagne, Keith Scherer and Tory Associates on your side, you can still defend yourself and fight for your rights and your freedom. We have won “false confession” cases, kept the government from using evidence obtained in consent searches, and have won cases that seemed hopeless.
If you already made a statement or believe that your rights were violated, contact Gagne, Scherer and Associates to see if we can help.