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Suggest a Feature →Article 31: Your Right to Remain Silent
General information, not legal advice. For legal issues, contact Trial Defense Service (TDS) or your Legal Assistance Office.
“Your commander can order you to answer questions about an incident. You have to cooperate.”
Under Article 31 of the UCMJ, no person subject to the UCMJ may compel any person to make self-incriminating statements. If you are suspected of an offense, you must be informed of your Article 31 rights before questioning. This is the military equivalent of Miranda rights.
Your Article 31 Rights
When someone subject to the UCMJ (any military member, including your NCO or officer) suspects you of an offense and wants to question you, they must first inform you of:
1. The nature of the accusation against you 2. Your right to remain silent 3. That any statement you make can be used against you in a court-martial or other proceeding
When Article 31 Applies
Article 31 applies whenever a person subject to the UCMJ questions you in a situation where you are suspected of a criminal offense. This includes:
- CID/NCIS/OSI interrogations
- Commander or first sergeant questioning you about suspected misconduct
- NCO questioning you about a suspected UCMJ violation
- Military police questioning
When It Does NOT Apply
- Routine administrative questions (not related to suspected offenses)
- Safety investigations (in some cases)
- Conversations with civilians (they're not subject to UCMJ)
- Voluntary statements you make without being questioned
The Practical Reality
Here's what often happens: your first sergeant calls you into the office and starts asking questions about an incident. They don't read you your rights. You answer the questions. Later, your answers are used against you in an Article 15 or court-martial.
Those statements may be inadmissible if Article 31 rights were not properly given. But proving that after the fact is harder than exercising your rights in the moment.
Right to Counsel
In addition to the right to remain silent, if you are suspected of an offense, you have the right to:
- Consult with a military defense attorney (TDS) before questioning
- Have an attorney present during questioning
- These services are free
What TDS Can Do For You
Trial Defense Service works for YOU. They cannot share what you tell them with your commander, CID, or anyone else. Their job is to protect your rights and advise you on the best course of action.
Common Mistakes
1. Talking before getting a lawyer. The most common mistake. Once you start talking, it's hard to un-say things. 2. Thinking cooperation will help. Sometimes it does, sometimes it doesn't. Let TDS advise you. 3. Written statements without legal review. Never write a statement about suspected misconduct without talking to TDS first. 4. Believing "this is just informal." If someone is asking about possible misconduct, it's not informal.
Bottom Line
You have the right to remain silent. Use it. Contact TDS before answering questions about any suspected offense. This is not about being uncooperative — it's about protecting your legal rights, which is exactly what TDS exists to help you do.
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Contact your installation's Trial Defense Service (TDS) for UCMJ matters, or Legal Assistance Office for general legal issues. These services are free for active duty service members.