Military Charges? You Screwed Up—Now Let’s Talk Strategy

Let’s not sugarcoat it: sometimes my clients are guilty.

They made a bad decision. They acted on impulse. They said the wrong thing, pushed too far, or let a situation spiral out of control. And now they’re facing charges under the Uniform Code of Military Justice (UCMJ).

But here’s the truth most people don’t understand: even when you screw up, even when you’re technically guilty, you still have rights. You still deserve a defense. And you still shouldn’t be punished for something you didn’t actually do.

This is the part of my job most people don’t see.

They assume I only defend the innocent. But in reality, I often defend people who made a mistake and are now staring down a stack of exaggerated, overblown charges that could destroy their life.

And that’s when strategy matters more than ever.

The Government Loves to Overcharge

Let me walk you through something I see constantly in military justice.

A service member does something wrong. Maybe they get into a fight. Maybe they misuse their phone. Maybe they cross a line with a relationship, or get caught up in something they shouldn’t have been involved in.

Was it wrong? Yeah.

Is it criminal? Sometimes.

But the moment the command gets wind of it, everything changes. What started as one mistake turns into five different charges. Prosecutors start stacking up Article 92 violations, toss in an Article 133 for good measure, and maybe even inflate it into an Article 120 if there’s any mention of sexual conduct.

Suddenly, a lapse in judgment becomes a felony-level court-martial with the potential to ruin a career, a retirement, and a family’s future.

I’ve seen it happen to young Marines. I’ve seen it happen to senior NCOs. I’ve seen it happen to officers with 18 years of spotless service.

And it’s wrong.

Because no matter what mistake you made, you shouldn’t be held accountable for something you didn’t do.

“But I Did Something Wrong…”

This is the hardest moment in many of my cases.

A client comes to me and says, “Tim… I did it. I messed up.”

And my answer is usually: “Okay. Now let’s slow down.”

Admitting fault doesn’t mean you forfeit your rights. It doesn’t mean you get thrown into the brig or forced into a guilty plea. It means we stop, evaluate the situation, and figure out the smartest way forward.

Just because you did something wrong doesn’t mean you did everything they’re charging you with. And it certainly doesn’t mean you deserve to be buried under the government’s worst-case scenario.

The Constitution still protects you. The UCMJ still applies. And the burden of proof still lies with the prosecution.

So no, we don’t just roll over. We evaluate the strength of the evidence. We analyze the charge sheet. And we fight to bring the case back down to reality.

Asking for Forgiveness Doesn’t Require Prison Bars

One of the things I often tell my clients is this:

“You can ask for forgiveness in prison… or on the beach. Your call.”

I don’t say that flippantly. I say it to remind them that regret isn’t a strategy. The military justice system can feel like a freight train barreling toward confinement, and guilt often leads people to feel like they deserve that punishment.

But the law doesn’t work that way.

We don’t punish people for what they feel. We hold them accountable for what the government can prove beyond a reasonable doubt.

If you broke the rules, there are ways to own that responsibly without throwing your entire life away. Sometimes, that means accepting responsibility through a well-negotiated plea. Sometimes it means fighting tooth and nail to prove the charges were excessive.

Either way, you don’t have to self-destruct to make it right.

The Power of Leverage in Plea Negotiations

A lot of service members think plea deals happen through begging. They think the goal is to call the prosecutor, say “my client’s sorry,” and hope for a little mercy.

Let me be clear: that’s not how I work.

I don’t beg. I build leverage.

When I enter a case, especially one where my client did something wrong, my first move is not to call the government and ask for a deal…

My first move is to prepare for war.

We build our motions. We challenge the evidence. We identify weaknesses in the investigation. We let the prosecution know that if they want to convict my client, it won’t be easy, fast, or cheap.

We become a problem for them.

That’s when negotiations change. Suddenly, they’re not offering a plea out of pity. They’re offering it because they want to avoid losing—or being embarrassed by a defense that came ready to fight.

It’s not about desperation. It’s about pressure. And that’s how good deals happen.

Why Free Military Lawyers Get Bad Deals

This might ruffle feathers, but I’ve seen it too many times not to say it: free military defense attorneys often get terrible deals for their clients.

It’s not because they’re bad people. It’s because they’re overwhelmed, overworked, and undertrained in high-level negotiation.

They’ll make their first call to the prosecutor and say something like, “We’d like to work this out. Can we discuss a deal?”

And just like that, the leverage is gone.

The government knows you’re not prepared to fight. They know you’re afraid of trial. And so they toss you a deal that’s barely better than the maximum sentence and you’re expected to take it.

My clients don’t get deals like that. Because we don’t start the conversation from weakness.

We come in strong. We prepare for trial. And if the government wants to talk, they talk on our terms.

Strategy Over Surrender

The biggest shift I try to make with clients is this: stop thinking about guilt as the end of the story. Start thinking in terms of strategy.

If you made a mistake, we’ll own it. But we’ll own it in a way that protects your future.

That might mean:

• Negotiating a plea to a lesser-included offense
• Avoiding charges that require sex offender registration
• Preserving your retirement benefits
• Fighting to keep your record clean enough to rebuild after the military

Every case is different. Every client has different priorities.

But the one constant is this: we don’t give the government an easy win.

We force them to come to the table.

The Role of Risk

Some cases go to trial because they should. Others don’t.

Part of my job is helping clients understand their risk profile, what they’re willing to fight for, and what they’re not willing to lose.

If you’re young, with no dependents and nothing to lose, you may be ready to go all the way to verdict.

If you’re a 19-year veteran with a family and a mortgage, we may need to think twice before rolling the dice.

This is where the earlier concept of leverage really matters. The more we prepare, the more leverage we have whether we’re headed to trial or negotiating from strength.

I don’t make those decisions for my clients. But I give them the clarity they need to make them for themselves.

Final Thoughts

If you’ve been charged under the UCMJ and you know you made a mistake, don’t assume your only move is to plead guilty and take whatever punishment comes your way.

You still have rights.

You still deserve a defense.

And you still have options.

The government may want to make an example out of you. Your command may try to bury you. But none of that is final—unless you let it be.

So stop talking. Lawyer up. And let’s get to work.