What Article 31(b) Protects

Article 31(b) of the Uniform Code of Military Justice provides specific protections when you’re suspected of a military offense. These protections exist whether or not formal charges have been filed.

Three core protections:

1. Right to know what you’re suspected of – Before questioning, authorities must inform you of the specific offense under investigation.
2. Right to remain silent – You cannot be compelled to answer questions. In general, your pretrial invocation of rights (silence, requesting counsel, or ending questioning) is not admissible against you.
3. Right to request counsel (especially in custody) – If you’re in a custodial interrogation and you request counsel, questioning must stop until counsel is present.
   
   

The critical distinction from civilian Miranda rights: Miranda requires you to be in custody and Article 31(b) is broader: it applies whenever someone subject to military authority suspects you of an offense and questions you. This includes your chain of command, not just law enforcement investigators.

When These Protections Apply (Military Questioning Situations)

Article 31(b) rights activate when someone in a position of authority over you (or acting on behalf of such authority) suspects you may have committed an offense and begins questioning you.

Common situations:

• Army Criminal Investigation Division (CID), Naval Criminal Investigative Service (NCIS), or Air Force Office of Special Investigations (OSI) interrogations
• Commander-initiated inquiries about suspected misconduct
• Your chain of command questioning about incidents
• Any formal or informal questioning where you may be considered a suspect rather than merely a witness

Special rules can apply in overseas or foreign interrogations, especially where non-U.S. officials are involved.

How to Exercise Your Article 31(b) Rights (UCMJ Defense Guidance)

Recognize the situation

If you believe you’re being questioned as a suspect (not as a witness providing background information), your Article 31(b) protections are active.

Request specific information

You may ask: “What specific offense am I suspected of committing?” Understanding the nature of the allegation helps you make informed decisions about how to proceed.

Invoke your rights clearly

State explicitly: “I am invoking my Article 31(b) rights. I do not with to make any statement or answer any questions AND I wish to consult with an attorney before answering questions.”

Under M.R.E. 305, once you invoke silence or request counsel (in the covered settings), questioning must stop. Ambiguous statements may not provide the same protection.

Request counsel, military or civilian

State: “I request to speak with an attorney.” This creates a record and triggers your right to counsel under Article 31(b) and Article 38, UCMJ.

Maintain your invocation

After invoking your rights, do not resume conversation about the suspected offense. Investigators may attempt to restart dialogue. Politely decline and restate your request for counsel.

Contact a defense attorney experienced in UCMJ matters

Timing can be important in military investigations. Evidence is collected, witnesses are interviewed, and investigative conclusions are formed quickly. Prompt consultation with counsel experienced military law who can provide information about your rights and options from the earliest stages of an investigation is key to not harming your case.

What to say verbatim:

“I am invoking my Article 31(b) rights. I will not answer questions without my attorney present. I request to speak with a defense attorney.”

What Happens to Statements Made Without Proper Warnings

Under the Military Rules of Evidence (specifically M.R.E. 305), statements obtained in violation of Article 31(b) may be subject to suppression at court-martial. Article 31(d) also provides statutory exclusion for statements obtained in violation of Article 31.

The suppression process:

Your defense counsel must file a motion to suppress and demonstrate that:

• You were suspected of an offense at the time of questioning
• The person questioning you was subject to the UCMJ or acting as an agent of someone who was
• The required Article 31(b) warnings were not properly provided or followed

Important limitation: Suppression is not automatic. The military judge determines admissibility based on the specific facts of your case. Successful suppression requires clear evidence that proper warnings were not given when they should have been.

This is one reason why many service members benefit from legal counsel early in an investigation. By the time violations become apparent, statements may already have been made in what appeared to be informal conversations.

Why Military-Specific Legal Representation Matters

Article 31(b) differs from civilian Miranda rights in several important ways:

• Article 31(b) applies more broadly (anyone in a position of authority with suspicion, not just law enforcement) and you don’t have to be in custody for Article 31(b) rights to apply
• Military Rules of Evidence govern admissibility determinations at court-martial
• Command influence considerations exist in military justice that do not arise in civilian courts
• Administrative consequences (such as relief from command or adverse performance evaluations) may proceed independently of criminal proceedings

Consequences of court-martial conviction:

A court-martial conviction carries consequences beyond potential confinement:

• Punitive discharge (dishonorable or bad conduct discharge)
• Loss of veterans’ benefits (including VA healthcare and education benefits)
• Federal conviction
• Potential barriers to employment requiring security clearances
• Sex offender registration requirements for certain offenses under the Sex Offender Registration and Notification Act (SORNA)
  
  

About Crisp and Associates, LLC

Crisp and Associates, LLC focuses on military criminal defense and represents service members facing court-martial proceedings, administrative separations, and other adverse actions under the Uniform Code of Military Justice.

Our legal team includes:

• Former military officers with operational and UCMJ experience
• Attorneys with significant court-martial trial experience

Service availability:

We represent service members at military installations in the United States and abroad. Geographic location does not limit our ability to provide representation. We travel to meet clients at their duty stations when necessary.

Areas of practice:

• Courts-martial defense (summary, special, and general courts-martial)
• Article 32 preliminary hearings
• Administrative separation proceedings
• Article 15 non-judicial punishment proceedings
• Military appellate advocacy
• Discharge upgrade applications
• Security clearance matters
  
  

What to Do If You’re Under Investigation

If you’ve been contacted for questioning or suspect you’re under investigation:

• You may choose to stop answering questions and invoke your Article 31(b) rights. If investigators contact you again, clearly state your invocation and request counsel.
• Contact a military defense attorney for consultation. Early legal advice helps protect your interests throughout the investigative process.
• Limit discussion of your case. Do not discuss the investigation with anyone other than your attorney. Conversations with friends, family members, or other service members generally are not protected by attorney-client privilege and could be discoverable.
• Preserve relevant information. Keep copies of any relevant documents, emails, text messages, or other materials that might be important to your defense. Do not alter or destroy any materials.
  
  

Contact Information

Telephone: 888-419-1420

Main Office:

Crisp and Associates, LLC
4031 North Front Street #200
Harrisburg, PA 17110

Consultation Requests:

You may contact us by telephone or through our website contact form. We respond to all consultation requests promptly.

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Important Legal Notices

Attorney Advertising: This website constitutes attorney advertising. The information on this website is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this website or submitting a contact form.

Case Results: Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts and circumstances.

Jurisdiction: Crisp and Associates, LLC represents clients in military courts under the Uniform Code of Military Justice.

Confidentiality: Initial consultations are confidential. However, an attorney-client relationship is not formed until both you and the firm agree to representation, typically through a signed representation agreement.

Educational Information: This information is provided for general educational purposes and should not be relied upon as legal advice for any specific situation.