As we jump into this topic, we don’t want you to assume that the team here at Bilecki thinks the worst of all JAG Defense Counsels. After all, namesake and founder Tim Bilecki was one back in the day and he would like to think he was good at his craft. That being said, there exist some pretty awful JAG defenders out there and that’s not a personal swipe against them. Rather, they themselves are victims of the military justice system. Not all JAG defense attorneys can successfully navigate the bureaucracy of a system that was created to give the prosecution every advantage. JAG defense counsels are expected to do their jobs and take their losses like good little boys and girls. Despite those disadvantages, there are a few things that JAG Defenders could get right from the start and it begins with the initial client interview.
Nourishing A Combative Mentality From The Start
The initial client interview is a pivotal moment in military defense proceedings under the Uniform Code of Military Justice (UCMJ). It sets the stage for the defense strategy and is crucial in preventing any exacerbation of the situation by the accused. The earlier the engagement during the process the better.
Now, it is quite common for service members who are facing charges to have already spoken to a JAG defense counsel in some capacity before coming to us. By and large we get the same sentiment from those service members. Namely that the JAG defender had no fight in them. No grit, no swagger, and no skin in the game. It is as if the JAG has already accepted defeat and because the prosecution boasts a high conviction rate, that sentiment is not entirely unwarranted.
The only problem is what service members need at that very moment is hope. They need someone who is as pissed off as they are at what they are facing. A JAG defense attorney may eloquently make recommendations regarding not consenting to searches or making further statements. Here at Bilecki, we tell our clients “Don’t give them anything.” Let military investigators pound sand and do not cede one inch without talking to us first. It puts the service member in a combat mentality and that is something to which they can relate.
A Combative Mentality Is The Only Responsible Approach
Now, that’s not to say that if we see the appropriate off-ramp to de-escalate that we won’t advise our clients to take it. We just don’t lose our combat mentality in doing so. After all, when surrounded by a few hundred thousand Chinese soldiers at the Chosin Reservoir famously said, “We’re surrounded. Good. Now we can kill the bastards in any direction.”
In fact, those off-ramps are often only revealed to us because the prosecution now knows that they have a fight on their hands. When they see that a service member has opted for civilian counsel, it is a sign that the service member is willing to fight and put his money where his mouth is. He’s ready to brawl and he’s not going to take the abuse and misuse of the UCMJ lying down.
We map out the entire court-martial process for our clients like a five paragraph order as we mark every phase line and what strategy we will use to attack. We also manage their expectations on what to expect. If some Marine PFC was caught trying to hide a meth in his foot locker during a barracks inspection, he’s in trouble. Yet, he’s just a PFC. So maybe the right attack is to take the hit back to Private, and hard charge your way up to becoming a terminal Lance Corporal with an honorable discharge in toe. The point is that we approach all avenues with an offensive mindset.
Tactical and Strategic Military Court Martial Defense
Like any good combat unit, the team here at Bilecki has demonstrated mastery of a variety of tactical tools at our disposal. When we are deciding among forum choices and weighing a judge alone trial, a panel, or perhaps mixed settings for different phases of the trial (for those arraigned under the “old rules”), we are choosing a weapon. No different than an infantry squad deciding whether to breach a building with a polite knock, foot, hooligan tool, AT-4, or we’ll just let an Abram send a 120mm round through your front door.
The same could be said for pleas. What charges do we plead guilty to or do we fight them all? Which witnesses do we call to the stand and exactly how much do we plan to absolutely destroy the prosecution’s witnesses during cross examination. Do we put our client on the stand or not? What punishments are acceptable and which ones will we take to the gates of hell in order to fight?
It is all part of one strategic combative strategy and it all begins with that initial client interview. From the first moment we speak to our client it is about aggression and combative advocacy. We just need them bought into the fight. We need them pissed off from day one and so many JAG defenders miss this from the start. Young service members wind up consenting to that unauthorized search or admitting guilt because they are trying to play nice. You cannot coexist with a military justice system that is out to destroy you. Stop playing nice.
In Summary And Conclusion
Again, we’ve known some great JAG defenders in our day, but they don’t get to make the rules within the military justice system. It’s like the basketball team the Washington Generals whose sole purpose in life is to lose to the Harlem Globetrotters. It’s not fair and we feel for them. Now that Bilecki is on the civilian side, he doesn’t have a military career to worry about. He can level the playing field. He can fight like hell on your behalf without caring what the brass thinks.
If you are facing an investigation or court martial, reach out to us. We’ll shoot you straight on exactly what you are facing and so long as you are willing to fight, so are we. This is true even if you did make a mistake and make a poor decision. You don’t have to accept the worst possible outcome that they can give you. Embrace a combative mentality from the start and fight for your career, retirement, and freedom. Most importantly, get us into that fight.
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