There’s a misconception floating around military courtrooms – and it’s one I’ve spent nearly two decades trying to dismantle.
It’s this idea that if you’re guilty, you plead guilty. End of story.
But here’s the truth: court-martial defense isn’t that simple. Guilt alone isn’t what decides the outcome of a military case. And pleading guilty isn’t always the right move – even when the evidence is stacked against you.
In my practice, I’ve seen time and time again that the real question isn’t :
“Did you do it?”
It’s,
“Can the government prove it?”
And even then, there’s a second layer to consider:
“Should you risk it?”
Because whether we like it or not, military justice isn’t just about truth, it’s about strategy.
I Don’t Plead People Guilty Unless It’s the Right Move
Let me start with this: I have never had a client plead guilty to something they didn’t do. That’s a line I won’t cross.
If a service member tells me they’re innocent, if they look me in the eye and say they didn’t commit the offense, I’m going to believe them until the evidence proves otherwise. And I’m going to fight like hell to prove their innocence.
I don’t care if the government says they have a strong case. I don’t care if NCIS or CID thinks they’ve “got them dead to rights.” If you didn’t do it, we fight.
But not every case is black and white. And not every client walks into my office completely honest.
There are times when I ask a client, straight up: “Did you do it?” And instead of a direct answer, I get a wall of denial, even when the evidence tells a different story. That’s why I press for honesty early, and why attorney-client privilege matters so much.
If you did commit the offense, I need to know. Not to judge you—but to defend you effectively.
Guilt Doesn’t Automatically Equal a Guilty Plea
Even if you did commit the offense, that doesn’t mean we automatically plead guilty. In fact, many of my clients have admitted guilt in confidence, but we still took the case to trial.
Why?
Because it’s not about what happened. It’s about what the government can prove.
Under the Uniform Code of Military Justice (UCMJ), the burden of proof lies entirely with the prosecution. And the standard isn’t “we think he did it.” It’s proof beyond a reasonable doubt.
That’s a high bar, and one they often can’t meet.
When that’s the case, we make them fight for every inch. Because if the evidence is shaky, or the investigation was sloppy, or the witnesses are unreliable, we might have a path to acquittal, even when the underlying facts don’t look great.
The Difference Between Risk Tolerance and Risk Capacity
Now here’s where things get interesting.
Let’s say the government has a strong case. Let’s say you did it. And let’s say they can prove it. That’s when we have to make one of the hardest decisions in the entire legal process:
Do we take it to trial—or do we negotiate a plea?
That decision doesn’t hinge on guilt. It hinges on something most people outside the courtroom never consider: risk tolerance and risk capacity.
Let me break it down.
Risk tolerance is your psychological ability to handle risk. Are you willing to roll the dice at trial, knowing a conviction might mean 10 or 20 years in confinement? Are you prepared to face the uncertainty?
Risk capacity, on the other hand, is your real-world ability to handle that risk. You might want to fight it out, but if you’re two years away from retirement, have four kids, or are supporting a spouse, your capacity to absorb that loss is low.
I’ve had clients who were mentally ready to take on the world but couldn’t afford the outcome of a conviction. They didn’t have the luxury of rolling the dice.
And that’s what shapes our decision.
When a Plea Deal Makes Sense
I’ll be the first to tell you: most people don’t hire me to plead them guilty. They hire me to fight.
But sometimes, a well-structured plea agreement is the best way to protect a client’s future.
If the government is offering 20 years and we can negotiate a deal that reduces that to five, or takes a sex offense off the table, or avoids lifetime sex offender registration, or preserves retirement eligibility. That’s not surrender. That’s strategy.
It doesn’t mean we roll over. It means we use leverage, not desperation, to get the best possible outcome.
Every detail matters in these negotiations. We look at:
- The exact charges and whether lesser-included offenses apply
- Whether administrative separation can be avoided
- Whether confinement can be reduced or suspended
- Whether registration requirements can be removed
We don’t just take what the government offers. We build a counter-offer that fits the client’s needs, and we fight for every term.
Why Most Service Members Struggle With This Decision
Here’s what makes this hard: most service members are wired to be fighters. They want to stand their ground, prove their innocence, and come out clean on the other side.
But military court isn’t always fair. It’s not always rational. And going to trial carries real consequences even when you think the case is weak.
I’ve seen clients get pressured by command. I’ve seen clients sit in pretrial confinement for months before they even speak to me. I’ve seen good people crack under the weight of the unknown.
And when that pressure hits, they think their only options are:
- Fight and maybe lose everything
- Plead guilty and guarantee they lose everything
But there’s a third option: fight smart.
Sometimes, that means going all the way to trial. Sometimes, it means negotiating a deal from a position of strength, not weakness.
The point is, we don’t let guilt – or fear – decide the path. We let the facts, the risk, and the client’s future guide the strategy.
My Job Isn’t to Judge, it’s to Defend
People often ask me, “How can you defend someone you know is guilty?”
The answer is simple: I’m not the judge. I’m not the jury. I’m the defense.
My job is to make sure your rights are protected, that the government plays by the rules, and that you don’t get railroaded into a decision that will ruin your life.
Whether you’re innocent or you made a mistake, you still deserve a legal strategy built on truth, leverage, and long-term thinking.
The Bottom Line
If you’re facing charges in the military justice system, don’t assume the next step is a guilty plea, especially if that recommendation is coming from someone who just wants to “move things along.”
You have rights. You have options. And you have more power than you think—if you have the right attorney guiding the process.
Guilt may shape the strategy. But it doesn’t define your future.
Defending Service Members Globally
Wherever Duty Calls, Our Defense Follows
