A recent court-martial at Joint Base Lewis-McChord (JBLM) drew national attention. Army Capt. Brandon Jones-Adams pleaded guilty to intentionally killing an unborn child, domestic violence, fraternization, and conduct unbecoming of an officer. He was sentenced to 12 years of confinement and dismissed from the Army—the officer equivalent of a dishonorable discharge.
While the headlines focused on the outcome, they reveal very little about how military prosecutors build a criminal case. Long before a guilty plea or verdict is reached, investigators and prosecutors spend months collecting evidence, interviewing witnesses, analyzing records, and developing a theory of the case. Every stage of that process presents opportunities for an experienced civilian military defense attorney to identify weaknesses, challenge the government’s evidence, and protect a service member’s rights. Understanding how that process works can make a significant difference if you or a loved one is under investigation.
Circumstantial Evidence
Not every case has a confession or an eyewitness to the crime itself. Often, prosecutors build a case out of circumstantial evidence — facts that, when considered together, point toward a conclusion even though no single fact proves it alone. A pattern of text messages, timing of events, or financial records can all count as circumstantial evidence. On its own, no single piece may be convincing. Combined, they can form a persuasive narrative. This is exactly why a defense attorney’s job includes testing whether each link in that chain actually holds up.
Witness Testimony
Sworn statements from witnesses — friends, coworkers, chain of command, or the alleged victim — are often central to a prosecutor’s case. The credibility of a witness can significantly influence a case: inconsistent statements, motive to lie, or memory gaps are all fair territory for cross-examination. A thorough defense investigation identifies every witness early, not just the ones the prosecution plans to call.
Digital Evidence
Text messages, emails, social media activity, and phone location data have become some of the most common — and most contested — evidence in modern courts-martial. Investigators may seek search warrants or consent to review phones and accounts. Digital evidence can also be misread out of context, which is why it deserves careful scrutiny rather than being accepted at face value. Defense counsel also examines whether digital evidence was lawfully obtained and accurately interpreted.
Medical Records
In cases involving injury, assault, or medical claims, records from military or civilian providers can become key evidence. These records require correct handling and interpretation — a record error or an incomplete chart can distort what actually happened. Defense counsel often works with independent medical experts to ensure those records are interpreted accurately and placed in the proper context.
Expert Testimony
Complex cases frequently call for expert witnesses — forensic specialists, digital forensics analysts, or medical experts — who can explain technical evidence to a judge or jury in plain terms. Experts can strengthen a prosecutor’s case, but they can just as easily support the defense when a second, qualified independent expert challenges the government’s expert conclusions. Learn more about how expert witnesses help explain and challenge technical evidence in our article Beyond the Headlines: The Role of Expert Witnesses in a Military Court-Martial.
How the Pieces Fit Together
Prosecutors rarely rely on just one category of evidence. A typical case might combine a witness statement, a text message, and a medical record, then bring in an expert to help a judge or jury understand how those pieces connect. That layering is exactly why a defense review must examine the whole picture rather than attack evidence in isolation. If one weak or improperly gathered piece is removed, the entire chain the prosecution built can weaken along with it.
The Burden of Proof: Why Every Piece of Evidence Matters
In every general or special court-martial, the prosecution must prove guilt beyond a reasonable doubt — the highest standard in American law. The accused does not have to prove innocence. Evidence generally falls into two categories: direct evidence (such as eyewitness testimony or a confession) and circumstantial evidence (facts that support a reasonable inference). Military law recognizes both forms of evidence, but regardless of the type, the prosecution must still prove every element of every offense beyond a reasonable doubt.
What Happens During the Investigation
Long before a case reaches a courtroom, military law enforcement — NCIS, Army CID, CGIS, or AFOSI, depending on the branch — builds the government’s file. That typically means interviewing witnesses, reviewing digital communications, and sometimes requesting search authorization for phones, homes, or financial records. If investigators approach you during this stage, what you say (or don’t say) can shape the entire case. If military investigators contact you, our Criminal Investigations page explains what to expect and how to protect your rights during the investigative process.
Once investigators complete their work, prosecutors evaluate the evidence and determine whether to refer charges. If charges are preferred, the case moves through additional stages of the military justice process before reaching trial. Throughout that process, the government bears the burden of proving every element of every offense beyond a reasonable doubt. To better understand what happens after charges are referred, read our guide on the different stages of a court-martial.
Common Mistakes to Avoid
- Waiting until charges are filed to seek legal advice. The investigative stage — long before any charge is official — is often the most important time to involve a civilian military attorney.
- Talking to investigators or the command before speaking with an attorney. Anything you say can become part of the government’s file, even if you believe you’re just clarifying the record.
- Assuming a “friendly conversation” with a witness or the alleged victim can’t be used later. Casual conversations are often exactly what gets reported to investigators.
- Deleting texts, photos, or social media posts after learning of an investigation. This can create separate legal problems of its own, on top of whatever the original allegation involves.
- Assuming digital evidence speaks for itself. Messages are frequently read out of context; a defense attorney knows how to challenge that.
How an Experienced Military Attorney Helps
A seasoned court-martial attorney does far more than show up at trial. From the moment an investigation begins, an experienced lawyer will identify weaknesses in the government’s evidence, advise the client throughout the investigation, prepare witnesses, work with qualified independent experts when needed, challenge the government’s evidence, and negotiate when doing so serves the client’s interests. More importantly, a good lawyer can collect evidence that supports the client’s innocence to potentially provide to the office deciding whether or not to prosecute the client. Without this critical “other side of the story,” prosecutors and commanders make decisions only on the evidence of guilt.
At King Military Law, our team includes retired military and senior military appellate judges who have seen how these cases are built — and how they’re won or lost — from both sides of the courtroom.
If you or a loved one is under investigation or facing court-martial, the decisions made during the earliest stages of a case often have the greatest impact on the outcome. Speaking with an experienced civilian military defense attorney early can help protect your rights, preserve critical evidence, and ensure you understand your options before the government’s case is fully developed. King Military Law offers a free initial consultation and represents service members worldwide. We proudly serve service members around the world, including those stationed at Naval Station Everett, Fairchild Air Force Base, Joint Base Lewis-McChord (JBLM), Naval Air Station Whidbey Island, and Puget Sound Naval Shipyard and Naval Base in Bremerton and Bangor.
