KNOW YOUR RIGHTS: ARTICLE 31 RIGHTS

KNOW YOUR RIGHTS: WHAT ARTICLE 31 REALLY MEANS FOR ENLISTED SERVICE MEMBERS

Civilian defendants learn about their right to remain silent from Miranda warnings. But for military personnel, that same protection exists under Article 31 of the Uniform Code of Military Justice, and its enforcement is even more critical in a rank-driven environment. In the military, saying the wrong thing at the wrong time doesn’t just risk self-incrimination. It can derail a career, influence a command investigation, and serve as the backbone of a court-martial case. That is why understanding Article 31 isn’t optional. It’s your first line of defense.

THE CORE OF ARTICLE 31(b)

Under Article 31(b), any military official—including OSI, NCIS, CID, CGIS, or even your command—must inform you of three essential facts before asking you anything related to a potential offense:

1. That you’re suspected of a crime
2. The general nature of that accusation
3. That you have the right to remain silent and the right to consult a lawyer

If they fail to do this, anything you say may be suppressed as evidence under Military Rule of Evidence 304(c)(3). Courts have consistently recognized the importance of these rights, especially given the inherent pressure of military hierarchy. In United States v. Ravenel, the court emphasized that Article 31 protections are more than procedural. They are a shield against coercion embedded in the system.

YOU CAN’T BE FORCED TO TALK, BUT YOU MUST KNOW WHEN TO STAY SILENT

Military investigators are well-trained in how to build rapport, ask indirect questions, and get you talking. But once you’re suspected of misconduct—even informally—they must stop and advise you of your rights before continuing. If they don’t, your statements may be ruled inadmissible. In United States v. Brisbane, the court held that even a second confession could be excluded if the first was made without proper rights advisement and influenced the second. Don’t wait for someone to tell you you're under suspicion. If questions feel investigative, invoke your rights immediately.

YOU MUST BE TOLD WHAT YOU'RE SUSPECTED OF, NOT JUST THAT YOU'RE UNDER INVESTIGATION

The law requires clarity. You’re not expected to guess what accusation you’re facing. In United States v. Huelsman, a service member was told he was under investigation for larceny but later questioned about drug distribution. The court excluded his statements on the drug charges because he wasn’t warned about that specific area of suspicion. Article 31 doesn’t allow vague or incomplete warnings. You have a legal right to know the general nature of what you're being accused of before you answer anything.

CIVILIAN INVESTIGATORS MAY STILL TRIGGER ARTICLE 31 RIGHTS

If you’re speaking with a civilian investigator assigned to a military matter, don’t assume Article 31 doesn’t apply. It often does. In United States v. Payne, the court found that civilian investigators who act “in cooperation” with military authorities must follow the same rights-advisement requirements as military personnel. If a civilian is working as part of your command’s investigation, even informally, your rights are in full effect. If they question you without warnings, anything you say may be suppressible.

EXERCISING YOUR RIGHTS IS NOT AN ADMISSION. IT’S STRATEGY

There is no downside to asking for a lawyer. Saying “I want to speak to counsel” doesn’t make you look guilty. It shows you understand how the system works and that you’re prepared to protect your name, your rank, and your career. Once you invoke your right to counsel, questioning must stop. If it doesn’t, anything said afterward may be challengeable in court. Remember, military justice is fast-moving and unforgiving. Article 31 is your pause button. Use it.

KNOW YOUR RIGHTS: UCMJ ARTICLE 31 FAQ

1. What is Article 31(b) and how does it protect service members?
Article 31(b) of the UCMJ requires that service members be informed of three things before questioning: that they are suspected of a crime, the general nature of the accusation, and their right to remain silent or consult a lawyer. These protections exist because the military chain of command creates a powerful environment where subordinates often feel compelled to answer. By invoking Article 31, service members can resist this pressure and avoid making statements that could harm their case or career.

2. Who must give me Article 31 warnings?
Any military authority must provide Article 31 warnings once you become a suspect. This includes OSI, NCIS, CID, CGIS, MPs, or even your direct commander. It does not matter whether the questions seem informal or friendly, because the law requires advisement whenever suspicion exists.

3. What information must be included in an Article 31 rights advisement?
You must be told three specific things for the warning to be valid. First, that you are suspected of an offense. Second, the general nature of that offense. Third, that you have the right to remain silent and to consult with a lawyer. If any of these are left out, the advisement is incomplete and may lead to suppression of your statements.

4. What happens if they question me without giving Article 31 warnings?
If questioning begins without proper warnings, anything you say may be excluded from use at trial under Military Rule of Evidence 304(c)(3). Courts treat violations seriously because rights in the military exist to counteract coercive environments. A flawed advisement often means the government loses a key piece of its evidence.

5. Am I required to answer if I have not been read my rights yet?
No, you are never required to answer questions before receiving your Article 31 advisement. Anything said voluntarily can still be used, but you are under no legal duty to speak. The safest choice is to remain silent until you have been properly advised and spoken with an attorney.

6. Do I have to be told the exact offense I am suspected of?
Yes, Article 31 requires that you be told the general nature of the offense you are suspected of. The law does not allow vague statements like “you are under investigation” without explaining what for. Courts have excluded statements when service members were warned about one offense but questioned about another.

7. Can civilian investigators questioning me trigger Article 31 rights?
Yes, if civilian investigators are acting in cooperation with the military, they must still follow Article 31. The courts have ruled that when civilians are effectively working with your command, the same protections apply. If they fail to give you proper advisement, anything you say may be suppressed.

8. What if I already gave a statement without being advised of my rights?
If your first statement was taken without proper rights advisement, your lawyer can challenge its use in court. Courts may also exclude later statements if they were influenced by that original unlawful questioning. This means even if you repeated your confession after warnings, the government might still be barred from using it.

9. Is asking for a lawyer under Article 31 an admission of guilt?
No, invoking your right to counsel is not an admission of guilt in any way. It is a strategic choice to protect yourself in a system that moves quickly and aggressively. The courts recognize that requesting legal help is a lawful safeguard, not evidence against you.

10. When should I invoke my rights to remain silent?
You should invoke your rights immediately once questioning feels investigative or accusatory. Do not wait for a formal accusation, because informal questions can still be used against you. Saying clearly that you want to remain silent and speak to a lawyer is the strongest step you can take to protect your career and freedom.

JOSEPH L. JORDAN: MILITARY DEFENSE ROOTED IN REAL EXPERIENCE

Attorney Joseph L. Jordan has spent over a decade in uniform as an enlisted soldier, officer, and Army JAG prosecutor. He’s not only familiar with Article 31 rights. He has enforced them, argued them, and defended clients under them. From contested confessions to suppression motions and court-martial litigation, his record shows one thing clearly. No service member should walk into an investigation unprotected. If your words could be used against you, it’s time to get legal protection that works for you.

📞 CONTACT A COURT-MARTIAL DEFENSE ATTORNEY NOW
Before you speak to anyone, speak to us. Call (866) 624-7503 to schedule a confidential consultation with Joseph L. Jordan, Attorney at Law. If you’ve been advised of your rights under Article 31 or believe you’re under investigation, don’t wait. Speak with a military attorney who understands how to intervene before command momentum becomes irreversible. Your silence may be the most powerful move you make, until you're ready to speak with someone on your side.