Criminal & Administrative Investigations

Criminal Investigations

When you are suspected of committing a crime by a military law enforcement agency, you may be tempted to give a statement, thinking the investigators will accept your explanation and drop the case. Talking to a criminal investigator without the benefit of counsel is one of the worst mistakes you can make!  Anything you say, whether orally or in writing, can be used against you! Even if no disciplinary action results from the criminal investigation, a determination that you “probably” committed a crime will result in you being “titled.” “Titling” results in a criminal record that lasts for about 40 years, which may have additional negative consequences, such as failure to pass a background check or loss of security clearance. If you are erroneously titled, there is a process to have your criminal record expunged; however, it is extremely difficult to successfully appeal a titling decision.

Additional repercussions may arise if you cooperate with military law enforcement officials. For example, if you consent to a search of your phone for text messages, pictures, or video related to a sexual assault investigation, they may search your entire phone! If you deleted anything from your phone, they can find it! They may pressure you to disclose your password! It is extremely difficult to suppress evidence obtained from a consensual search. If they think you lied to them, you may subsequently be charged with making a false official statement.

If any military law enforcement official tells you they must advise you of your rights before talking to you, or asks you to consent to a search of your home, person, papers, or property, invoke your right to remain silent, your right to an attorney, refuse consent, and contact Ms. Mitchell immediately!

Administrative Investigations

Many types of administrative investigations can lead to disciplinary action, or even criminal investigation, if an allegation of misconduct is substantiated. This is particularly true of administrative investigations into allegations of adultery, fraternization, “inappropriate relationships,” sexual harassment, hazing, discrimination, “toxic leadership,” or reprisal. An Inspector General (IG) investigation is a more complicated type of administrative investigation, as your due process rights are determined by whether the IG considers you a “suspect” or a “subject.” Ms. Mitchell has represented multiple military members in commander’s inquiries, Army Regulation 15-6 investigations, and IG investigations, and she served for three years as the legal advisor to the IG for the Army’s largest combat command. She also has experience with Congressional inquiries and Article 138, UCMJ complaints.



You cannot afford to take chances by representing yourself in a criminal or administrative investigation. Your military record could be forever marred, and your military career prematurely ended, as the result of a criminal or administrative investigation. Contact the Law Office of Tami L. Mitchell right away; she will ensure you have the information and representation you need to successfully navigate a criminal or administrative investigation.