Service members facing questioning without proper Article 31 advisement should immediately and politely invoke their right to remain silent, stating clearly: “I prefer not to answer any questions without speaking to a lawyer first.” This response avoids both self-incrimination and disrespect to questioners while protecting fundamental rights. Avoid explaining, justifying, or discussing anything substantive – simply repeat the invocation if pressed. Physical departure from voluntary questioning situations reinforces the invocation, though service members must comply with lawful orders to remain.
Documentation becomes crucial immediately following unwarned questioning. Service members should write detailed accounts including who questioned them, exact questions asked, any responses given, witnesses present, and environmental circumstances. Create this documentation as soon as possible while memories remain fresh. Send copies to personal email accounts ensuring preservation. Contact defense counsel immediately, providing all documentation. These contemporaneous records prove invaluable for later suppression motions.
Common mistakes include believing they must answer superiors’ questions, attempting to explain their innocence, or thinking cooperation will help resolve misunderstandings. Even truthful denials can be twisted into inconsistencies or used to develop investigative leads. Partial answers often lead to expanded questioning exceeding intended cooperation. Service members shouldn’t attempt to determine whether questioning is “official” or warnings are required – invoke rights whenever any military authority asks about potential misconduct.
Practical scripts for various situations: “I’d like to speak with defense counsel before answering questions,” “I respectfully invoke my Article 31 rights,” or “I need to consult with a lawyer about this matter.” Repeat these phrases without elaboration regardless of pressure, threats about appearing guilty, or promises of leniency for cooperation. After invoking rights, contact defense counsel immediately for guidance about documenting violations and protecting against further questioning. Understanding that polite but firm invocation protects both legal rights and military bearing helps service members navigate these challenging situations.