The best military court martial defense available anywhere in the world will always include three essential elements. The first is theory and this theory will be rooted in legal tradition that dates back to the evolution of the law itself. Think self-defense, entrapment, and even insanity if you need to pull that card. Theory will be followed by an excellent theme such as the victim was bullying the accused for years before our client finally fought back. Then there are the tactical concerns which involve how you tell the story to the panel and how you weave the defense within their conscience and subconscience. Here at Bilecki, we like to add a fourth element. That is to give the prosecution bullies the one thing a bully understands and that is the proverbial punch to the mouth. That is to destroy their case in such a public fashion that the panel wonders why in the hell this case ever made it to court martial to begin with. That last element isn’t always necessary to win a case, but it sure is can be effective. Let us explain further.
A Court Martial Defense Theory that Stands the Test of Time
When a client reaches out to us because they are facing an investigation or court martial, they are often scared and they have every right to be. Military prosecutors boast a high conviction rate as the deck is stacked decisively in favor of the prosecution. Military prosecutions have unlimited resources and defense counsels have to beg like an orphan on the street just to get funding for a particular expert witness.
It is rare we get a service member who was sitting in their barracks room reading the Bible when they somehow found themselves accused of a heinous crime. There is usually some tangential involvement that led to the charge. Perhaps they dated the girl in the past who is now accusing them of rape. They likely were at the party drinking underage when a fight broke out.
That’s why we plead with our clients to be 100% honest with us up front. Did you do what they are accusing you of doing? If the answer is 100% no, the theory is then that they are wrongly accused. If they did it, but there were circumstances that led them to do it, as in self-defense, that becomes our theory. If yes, they did it while knowing it was illegal and loved every minute of it, the theory might be, let’s make the prosecution sons of bitches prove it.
A Court Martial Defense Theme That Connects with the Panel
The theory guides us, but turning our advocacy into an academic lecture would put the panel to sleep. It’s the theme that weaves our case into the hearts and minds of the panel. That’s why voir dire and panel selection are such critical parts of the process. We are looking for panel members who are likely to connect with our intended theme.
Example 1: BAH Fraud—Camp Humphreys, South Korea
Consider an Army Staff Sergeant stationed at Camp Humphreys, accused of BAH fraud and making false official statements because DFAS claims he received unauthorized housing allowances. The Staff Sergeant followed the guidance he was given during in-processing, signed where they told him to sign, and had no reason to believe anything was wrong—until finance flagged his pay two years later. Now he’s looking at a court-martial.
We need panel members who have been through in-processing in Korea, who know firsthand how jacked-up finance can be, and who have had a KATUSA give them completely wrong advice. We want leaders who understand that even the Joint Travel Regulations (JTR) are a mystery to 90% of people in the military, and that most service members aren’t intentionally committing fraud—they’re just following whatever instructions some E-4 in a finance office gave them.
Example 2: Sexual Assault Allegation—Hookup Regret
Now, imagine a Navy Petty Officer Second Class accused of sexual assault by a fellow sailor after a night of drinking and hooking up. The two had been flirting for weeks, sending texts back and forth, and finally ended up together after a night out with friends. The next morning, everything seemed fine—until the sailor found out that their command was now involved. Suddenly, what was a consensual hookup the night before has turned into an accusation.
We want panel members who have been there, done that—who know what it’s like to wake up and wonder if last night’s decision was a good one, but who also understand that regret is not sexual assault. We want leaders who recognize how fast accusations can spiral when external pressure, career concerns, or the fear of being judged by peers comes into play.
Example 3: Self-Defense—Marine in a Fight at the Sunabi Seawall
Picture a Marine Corps Sergeant out in Okinawa who ends up in a fight at the Sunabe Seawall. He’s out with his buddies when a group of guys starts talking trash, one of them gets in his face, and before he knows it, he’s got three guys coming at him. He does what he’s trained to do—uses his Marine Corps Martial Arts Program (MCMAP) skills to defend himself—and puts them on the ground. Now, he’s charged with aggravated assault.
We need panel members who have been to the Seawall, who know what it’s like when tensions flare outside the bars, and who understand that sometimes you’re not looking for trouble, but if trouble finds you, you better end it. We’re looking for service members who have been in that situation, who know that a Marine isn’t about to just stand there and take a beating, and who aren’t going to let some prosecutor criminalize what they were trained to do.
Why This Matters
The theme is about creating an emotional connection. For that to work, we need a panel who understands our client—not just on paper, but from personal experience.
This version makes each example more vivid, real-world, and connected to the military experience while keeping it sharp and compelling. Let me know if you want any final refinements!
Master the Ability to Tell a Good Story During Court Martial
The team here at Bilecki are students of military history and as such, that has greatly enhanced our ability to tell a great story during a military court martial. The panel is composed of service members and those service members are a part of that rich military history and tradition. They love a good story and when we can shape our theory and theme into such a story it resonates with the panel.
The reality is that military history is riddled with men who have committed acts of inexplicable gallantry while simultaneously violating the UCMJ every step of the way. In Vietnam, Peter Lemon kicked ass on his way to the Medal of Honor and did so while admittingly high as a kite marijuana. Marine Dakota Meyer defied orders to pull his buddies from an ambush zone in Afghanistan.
Good service members can violate the UCMJ and find themselves facing charges—that’s a fact. What the panel needs to hear is the full story, not just the charge sheet. Yeah, that Corporal sent a guy through a window, but why? Because that guy was picking on two brand-new boots fresh out of basic, and the Corporal wasn’t about to stand there and let it happen. He’s the kind of Marine who steps up when others won’t—because that’s just who he is. The panel needs to understand not just what happened, but why.
Tactical Considerations in the Defense of Your Client
There are multiple tactical considerations that one will want to consider when telling a story in defense of your client. Unfortunately, the military judge doesn’t just allow you to gather the panel around you in a school circle for story and snack time. You have to weave this story throughout the various stages of the trial.
We spoke briefly of voir dire and panel selection, but this is also an opportunity to begin laying the groundwork for the story. You’ll then have to decide which evidence to present and which to suppress that that might contradict the theme of your story. Deciding which witnesses to call and in what order to call them is part of the narrative.
Your closing statement then becomes your conclusion phase of the story. It is where you sum up the narrative and reveal the full extent of the theme that you have been foreshadowing during the entire trial. It is when the hero slays the dragon and returns home to marry the princess and make babies. If you can tell a damn good story steeped in time tested defense theory and woven together by a consistent theme, you can win the day for your client.
Take the Fight to the Heart of the Military Prosecution
In conclusion we’ll talk about the fourth element that we add to any military court martial defense. That is to take the fight to the heart of the military prosecution. We already mentioned how the deck was stacked against the defense. What you also need to know is that the military justice system does not exist for the purpose of pursuing justice and truth. Rather, it exists for the singular purpose of securing convictions.
The military justice system was created to secure military order and discipline. For that to work, they have to make a public example out of someone. They have to destroy them in a public fashion in order to scare everyone else into compliance. If you don’t fight back they will make that public example out of you. They need their convictions to scare others and the military justice system is a conviction factory to that end.
If you try to play the game by their rules you will lose. You have to fight and you have to get experienced court martial defense counsel by your side. If you are facing an investigation or court martial right now, reach out to us and we will shoot you straight on exactly what you are facing. We’ll give you a free strategy defense session and let you know what is ahead.
Even if you messed up and did make a bad decision, you can still secure for yourself the best possible outcome. If you are innocent then we will fight like hell on the theory that you are wrongfully accused. Regardless of what the prosecution throws at us, we fight hard and we fight for you. Do not admit guilt until you have talked with experienced counsel. Do not let them pile on one bs charge after the other. Fight your career, retirement, and freedom. Most importantly, get us into that fight and we’ll give the prosecution exactly what they deserve.
Defending Service Members Globally
Wherever Duty Calls, Our Defense Follows
