You do not forget the moment your command tells you that you are under investigation or that charges may be coming. Maybe you were pulled aside after quarters in Norfolk, brought into an office, or suddenly found yourself sitting across from someone from NCIS, CGIS, or OSI. Your heart starts pounding, you replay every recent event in your mind, and you are not sure whether to defend yourself, stay quiet, or hope it all blows over.
In those first minutes and hours, most service members try to rely on instinct and advice from friends in the unit. Some rush to explain everything, some say nothing at all, and many simply wait to see what happens next. The reality, especially in and around Norfolk, where military justice and Virginia criminal courts often overlap, is that what you do now can shape your case long before any formal charges are filed.
At The Griffin Law Firm, we focus on military legal issues for active duty, reservists, and veterans, and our team includes veterans who know what it feels like when rank, pay, and career are suddenly on the line. We routinely work with Norfolk service members at the “pending charges” stage, before a court-martial is even scheduled. In this guide, we walk through the concrete steps you can take in the coming days to protect your rights, your evidence, and your future if you have just learned about possible military charges in Norfolk.
What “Pending Military Charges” Really Mean In Norfolk
Most service members first hear about a problem in vague terms. Someone says you are “being looked into,” there is a “preliminary inquiry,” or your command wants to “get your side of the story.” None of that may sound like formal charges, but in practice, it often means a process has already started under the Uniform Code of Military Justice. In Norfolk, where there are multiple commands and a heavy investigative presence, that early process can move quickly and quietly.
A preliminary inquiry or command investigation is usually the first stage. A commander or appointed officer is tasked with gathering basic facts about an allegation, such as alleged misconduct in the barracks, a domestic incident off base, or a DUI handled in a Norfolk or Virginia Beach court. You may not see any paperwork at this stage, but interviews, evidence collection, and report writing may already be underway. The goal is to help command decide whether to handle the matter informally, through nonjudicial punishment, through administrative separation, or by preferring charges toward court-martial.
Preferral of charges is the point where allegations become formal UCMJ charges. You receive a charge sheet, you see specific articles listed, and you are notified of rights in more formal settings. Many service members think nothing serious is happening until this point. In reality, what you said, wrote, or handed over during the preliminary phase is often what drives whether charges are preferred at all, and what those charges look like.
In Norfolk, you may also see consequences before formal charges. Command can temporarily relieve you of certain duties, restrict your access to weapons, reassign you, or begin looking at your security clearance if the allegation raises trust or judgment issues. These actions can feel sudden and unexplained. From our work with Norfolk clients, we know that early legal guidance can influence not only how the investigation unfolds, but also whether the case becomes an NJP issue, a separation board problem, or a full court-martial.
Your First 24 Hours After Learning About Potential Charges
The first day after you hear that you are under investigation or that charges may be coming is often the most stressful and the most important. You may feel pressure from command to be “honest” and pressure from yourself to clear your name. Acting on that pressure, without a plan, is how many good cases become difficult ones. In the first 24 hours, your goals are to avoid locking yourself into harmful statements, to avoid creating new evidence against yourself, and to get real legal advice as soon as possible.
One of your key protections comes from Article 31(b) of the UCMJ. If you are suspected of an offense, you have the right to be informed of the nature of the accusation and the right to remain silent, and you cannot be forced to incriminate yourself. In practice, this means that when an investigator or a member of your chain of command starts asking you questions about possible misconduct, you can respectfully say that you want to talk to a lawyer before answering. A simple response like, “I would like to speak with an attorney before making any statement,” is both lawful and wise.
Many Norfolk service members worry that asserting rights will make them look guilty or disloyal. We understand that concern. As veterans ourselves, we know the culture and the emphasis on being a team player. In our experience, however, those who rush into detailed, unprepared statements often face harder odds later, because what they said informally becomes the backbone of the case against them. Your command may still be disappointed if you decline to talk, but they also understand that these rights exist for a reason, and an attorney can help you communicate that you are respecting the process, not running from it.
In these first 24 hours, avoid talking about the allegation with shipmates, roommates, or friends, even if you trust them. Casual comments in the barracks, group chats, or text threads can be repeated, screenshotted, or misremembered, and investigators can turn them into evidence. Resist the urge to vent on social media or to “set the record straight” online. Anything you post could be captured and used later, even if you delete it. Instead, focus on securing a private consultation with a Norfolk military criminal defense attorney who can help you decide what, if anything, to say and when.
How Military Investigations Work Behind The Scenes
Once an allegation surfaces, you may see very little of what happens next, which adds to the stress. From the outside, it can feel like nothing is moving, or like everything is happening without you. Inside the system, however, there is a fairly predictable pattern. Understanding that pattern helps you make sense of command decisions and avoid false assumptions about where your case stands.
For more serious allegations in the Norfolk area, such as sexual misconduct, significant financial crimes, or serious assaults, commands often rely on agencies like NCIS, CGIS, or OSI. These investigators interview witnesses, collect digital evidence, obtain medical or forensic records, and assemble reports for command. You may be asked to come in for an “interview” that is framed as a chance to help clear things up. In reality, by the time you are invited in, investigators often have already spoken to others and collected some documents, and they are testing your story against what they have.
For other matters, such as lower-level assaults, fraternization, or off-base incidents already handled in a Norfolk or Virginia Beach civilian court, command may rely on a command investigation rather than a separate investigative agency. An officer is assigned to gather statements, review available reports, and write findings. You may see this in the form of being asked to provide a written statement or answer questions at your command, sometimes with little warning or explanation.
What surprises many service members is how long this process can take and how little they hear during it. Weeks or months can pass while investigators chase down leads, wait on lab results, or coordinate with civilian authorities. Silence does not always mean a case is going away. It often means it is maturing. From our perspective reviewing investigative files in Norfolk cases, we see that early statements, consent to search forms, and digital evidence gathered in these initial weeks often shape what options are later on the table, from NJP offers to court-martial charges.
Knowing this, your approach during this phase should be cautious and informed. Do not assume that an investigator is neutral just because they are polite or friendly. Their job is to build a case, not to coach you on your rights. Before you sit down with NCIS, CGIS, OSI, or a command investigator, consult with a Norfolk military criminal defense attorney who can explain what questions are likely, what information is risky, and whether it makes sense to provide a statement at all in your situation.
Protecting Your Evidence, Your Phone, and Your Story
While investigators are building their version of events, you should be thinking about preserving the information that supports yours. In many Norfolk cases we handle, key texts, location data, or witness names could have helped, but by the time we see the case those details are gone or forgotten. Taking some careful steps early can make a real difference in how completely your attorney can tell your story later.
Start with your own memory. As soon as you can, in a private place, write down a detailed timeline of what you recall about the events that led to the allegation. Include dates, times, locations in and around Norfolk, the names and ranks of people involved, and anything unusual you noticed. This written account is for you and your attorney, not for command. It helps lock in your recollection while it is fresh and gives your attorney a starting point for investigation and strategy.
Next, think about digital evidence. If there are relevant text messages, call logs, emails, or social media interactions, take steps to preserve them. That might mean taking screenshots, backing up conversations, or noting which apps and accounts contain important information. Do this without altering or deleting anything. You want an accurate record, not something that looks edited. Then discuss with your attorney how best to store and present that evidence if it becomes important to your defense.
You may be asked to hand over your phone or to consent to a search of your devices, room, or vehicle. This can happen in a Norfolk barracks, at your command, or in connection with a civilian case. Consent to search means you are voluntarily allowing investigators or command to look through your property and data. Once given, it can be difficult to limit or take back. In many cases we see, a broad consent form opened the door to irrelevant but damaging material, such as old messages or photos that had nothing to do with the allegation but still hurt the client.
Before you sign any consent to search form or hand over your phone, you have the right to speak to an attorney. Exercising that right is not the same as refusing a lawful order, it is asking for legal advice about what you are being asked to agree to. We routinely advise Norfolk clients about the risks and benefits of consenting to searches in their specific cases, especially when devices contain years of personal history. Early advice here can be as important as advice about statements, because it controls what information investigators gain access to in the first place.
How Pending Military Charges Can Affect Your Norfolk Civilian Case
Norfolk is a place where one incident can trigger both military and civilian consequences. A DUI in Norfolk city, a bar fight in Virginia Beach, or a domestic dispute off base often starts in Virginia courts, then shows up in your command’s inbox soon after. Service members are sometimes told to “just deal with the civilian side” first and assume the military piece will be minor. In practice, the two can interact in ways that catch people off guard.
Consider a Norfolk DUI. You may be arrested by local police, appear in Norfolk General District Court, and be offered a plea deal through a civilian defense attorney. At the same time, your command may be tracking the case, contacting the court for records, or considering NJP, a letter of reprimand, or even court-martial depending on the circumstances. Statements you make in civilian court, and the outcome you accept there, can influence what actions your command takes next.
The same is true for other off-base incidents, like altercations or property damage. A conviction, even for a misdemeanor, can affect your security clearance, your ability to carry a weapon, and your commander’s view of your suitability for continued service. Even if the civilian case seems minor or likely to be reduced, the military may still see it as a violation of good order and discipline and act independently under the UCMJ.
Where we see problems is when a service member has one strategy for Norfolk or Virginia Beach court and a completely separate, uncoordinated approach on the military side. A plea deal that looks attractive in civilian court might include statements or stipulations that make a later military defense much harder. That is why having one team that understands both systems and the local courts can be so valuable. At The Griffin Law Firm, we handle “straddling offenses” that span Norfolk civilian courts and military justice, and we work to build a single plan that accounts for both at the same time.
The bottom line is that your civilian case and your pending military charges are not two separate worlds. Decisions in one can and often do echo in the other. Before you enter a plea, testify, or sign anything in Norfolk or nearby courts, talk with a military criminal defense attorney who can explain how those choices could affect your rank, clearance, and future inside your command.
Career, Clearance, and Separation Risks You Need To See Coming
When you first hear about possible charges, your mind might jump straight to worst-case courtroom scenes. In reality, many of the most serious consequences play out in your career record, your discharge paperwork, and your security clearance file, sometimes long after the legal case ends. Seeing those risks early helps you and your attorney shape a defense that looks beyond the immediate punishment.
Security clearances are a good example. In the Norfolk area, many billets depend on a valid clearance. Allegations involving dishonesty, substance abuse, violence, or foreign contacts can trigger clearance reviews or suspensions even before a case is resolved. You may be moved to a different position, lose access to certain systems, or find promotion opportunities narrowing. Clearance decisions are based on risk and judgment, not just on court convictions, so how your case is documented and presented can matter as much as the final verdict.
Your case can also branch into several different types of proceedings. Some Norfolk service members see their matters handled at nonjudicial punishment, sometimes called NJP, Captain’s Mast, or Office Hours, depending on the branch. Others are notified of intent to separate and face an administrative separation board, where board members decide if they should be discharged and under what characterization. Some cases go to court-martial, with all the formalities and potential penalties that entails.
The difference between these paths often lies in what command believes they can prove, how serious they see the conduct, and what impact they believe it has on the unit. Early decisions, such as whether you made statements, how you handled a civilian case, and whether you preserved helpful evidence, are part of that calculus. We help Norfolk clients understand where their case likely sits on that spectrum and what moves now may influence whether the matter is handled administratively or in a courtroom.
Discharge characterization is another long-term concern. An honorable discharge preserves benefits and future opportunities. A general or other-than-honorable discharge can affect reenlistment, federal employment, and VA benefits. Our work at The Griffin Law Firm includes not just court-martial defense but also administrative separations and VA benefits-related issues. That broader view allows us to advise you in a way that considers not just “Can we beat this charge,” but also “How will this look on your record five or ten years from now.”
When and How To Contact A Norfolk Military Criminal Defense Attorney
Many service members hesitate to call a civilian military criminal defense attorney until charges are officially preferred or a court-martial is scheduled. They worry it will look bad, or that it means they are assuming guilt. In our experience, waiting often means we are brought in after the most important choices, about statements, consent to searches, and civilian plea decisions, have already been made. Reaching out when you first learn about potential charges gives you the opportunity to make those choices with a clear picture of the risks and options.
You do not need a stack of documents to make that first call. It helps to have basic information ready, such as your branch, rank, unit, where you are stationed in the Norfolk area, the general nature of the allegation, and any paperwork or emails you have already received. From there, we can ask targeted questions about who has talked to you, whether you have signed anything, and whether civilian authorities are involved. Even a short conversation can clarify whether you should agree to an interview, how to respond to further questions from command, and what evidence you should preserve.
Some clients worry about how to coordinate with assigned military counsel if they also retain a civilian attorney. In many Norfolk cases, there is room for both. Your assigned JAG counsel has an official role in the process and can be a valuable ally. A civilian military criminal defense attorney brings an independent perspective and more time to focus on your case. At The Griffin Law Firm, we add the ability to coordinate between military proceedings and any connected Norfolk or Virginia court matters. We work with, not against, assigned counsel when that makes sense, and we keep your interests at the center of every decision.
Cost is another concern, especially when your pay and career are already under threat. Our firm uses predictable flat-rate pricing for military matters, which means you know in advance what representation will cost instead of facing an open-ended hourly bill. We pair that with open communication, so you understand what is happening, what comes next, and how your resources are being used. For many Norfolk service members, taking that uncertainty off the table is as important as any single legal motion, because it allows them to focus on their duties and their defense instead of worrying about mounting legal fees.
Common Mistakes Norfolk Service Members Regret Later
After a case ends, we often hear the same phrases from clients. Many say, “I wish I had not written that statement,” or “I did not realize they could use that text against me.” You cannot go back and change the past, but you can learn from the patterns we see and avoid repeating them in your own situation. A handful of missteps show up again and again in Norfolk military cases.
One common mistake is giving a long, detailed written statement early on, thinking it will clear everything up. Without legal guidance, these statements often include unnecessary admissions, guesses presented as facts, or inconsistent details that investigators later use to question credibility. Another frequent error is signing broad consent forms for searches of phones, barracks rooms, or vehicles without understanding how much personal history those devices contain. Investigators may find unrelated but embarrassing or rule-violating content and fold that into the case.
Talking about the case in texts, group chats, or social media is another trap. Trying to coordinate stories with friends, argue with accusers online, or joke about the situation can all look damaging later. Even messages sent in anger or frustration, then deleted, may be recoverable or already captured by someone else. From our vantage point, these communications are some of the easiest evidence for investigators to present and some of the hardest for a defense attorney to explain away.
Underlying many of these mistakes is the belief that staying quiet or calling a lawyer makes you look guilty. The reality is that the military justice system gives you rights precisely because statements and evidence matter so much. Asserting those rights is not a sign of weakness or disloyalty. It is a way of making sure your case is judged on reliable information and fair procedures, not on rushed reactions and incomplete stories. Taking time to consult with a Norfolk military criminal defense attorney before you act is one of the few decisions you are unlikely to regret later.
Talk To A Norfolk Military Criminal Defense Attorney About Your Next Steps
Pending military charges in Norfolk can make your future feel like it is hanging by a thread, especially when you do not know what is happening behind closed doors. By understanding the stages of a case, making careful choices about statements and searches, preserving your own evidence, and coordinating any civilian and military proceedings, you can regain some control over what happens next. You do not have to navigate that alone or rely on rumors and guesses in the barracks.
Every case, command, and set of facts is different, and the guidance you need should fit your exact situation. A conversation with a Norfolk military criminal defense attorney at The Griffin Law Firm can help you see where your case stands, what risks are real, and what smart moves you can make right now to protect your rank, your clearance, and your long-term future. Reach out for a confidential consultation and get clear, grounded advice before you take another step.
Call (888) 707-4282 to speak with our team about your pending military charges in Norfolk.