Legal Question in Military Law in Florida

i am a retired soldier that is getting question by cid about my actions as a pay agent in iraq in 2008. they have already question me twice once on my new job. what can i do?

Asked on 3/01/11, 8:19 am

2 Answers from Attorneys

Scot Sikes Law Offices of Scot Sikes

The best thing to do at this point is to respectfully invoke your right not to speak further. CID is notorious for coming back and seeking subsequent statements --- especially if you have denied criminality in earlier interviews. Meanwhile, you might consider retaining a civilian attorney in place who has experience in military justice matters. Understand that if CID believes they have sufficient evidence to support charges, you could be ordered back to active duty for the limited purpose of court-martial.

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Answered on 3/01/11, 8:46 am

William J. Holmes Attorney at Military Law

You should definitiely invoke your rights to remain silent and to be represented by counsel. If you have already spoken to CID twice, there is no reason to talk to them again. It appears that they are trying to get you to change what you previously told them or to make a statement which somehow contradicts or changes what you said before. Either way, they are looking for something to use against you; it could be in regard to your actions as a pay agent or they could even be trying to get you for making an allegedly false statement. The best way to prevent this is to refuse to speak with them again, at least until you can speak with an attorney and have him or her be with you for the questioning. Make sure that your attorney is familiar with both the military justice system and federal courts as you could potentially be tried in either forum.

I hope this has answered your questions. Please feel free to contcat me directly if you have any further questions.

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Answered on 3/01/11, 9:27 am

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