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’s 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're 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.

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’s 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.