Rights

(a) Your official position.

(b) Nature of offense(s)

(c) The fact that he or she is a suspect or accused.

(2) Rights.

Advise the suspect or accused of his or her rights as follows:

"Before I ask you any questions, you must understand your rights."

(a) "You do not have to answer my questions or say anything."

(b) "Anything you say or do can be used as evidence against you in a

criminal trial."

(c) (For personnel subject to the UCMJ) "You have the right to talk

privately to a lawyer before, during, and after questioning and to have a lawyer

present with you during questioning. This lawyer can be a civilian you arrange for

at no expense to the government or a military lawyer detailed for you at no expense

to you, or both."

(For civilians not subject to the UCMJ) "You have the right to talk

privately to a lawyer before, during, and after questioning and to have a lawyer

present with you during questioning. However, you must make your own arrangements

to obtain a lawyer. This will be at no expense to the government. If you cannot

afford to pay for a lawyer, one may be appointed to represent you."

(d) "If you are now willing to discuss the offense(s) under investigation,

with or without a lawyer present, you have a right to stop answering questions at

any time.

You also have the right to speak privately with a lawyer before

answering further, even if you sign a waiver certificate.

(3) Waiver/Non-Waiver. After the suspect or accused is advised of his or her

rights, it must be determined whether the suspect or accused understands his or her

rights and is able to freely, knowingly, and intelligently waive them. The suspect

or accused then signs the waiver/nonwaiver portion of DA Form 3881, Rights Warning

Procedure/Waiver Certificate (Figure 1-1).

(a) "Do you understand your rights?" (If the suspect or accused says "no,"

determine what is not understood.

If necessary, repeat the appropriate rights

advisement. If the suspect or accused says "yes," ask the following question.)

(b) "Do you want a lawyer at this time?" (If the suspect or accused says

"yes," stop the questioning until he or she has a lawyer.

If the suspect or

accused says "no," ask him or her the following question.)

(c) "At this time, are you willing to discuss the offense(s) under

investigation and make a statement without talking to a lawyer and without having a

lawyer present with you?" (If the suspect or accused says

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