Well, there is no "IF" in the hypothesis, you are innocent. So you choose to draw a Board of Inquiry, and (with such apparently overwhelming evidence) subject yourself to the findings and decision of a General Court Martial,...
The episode takes a HUGE dynamic of gravity when we put ourselves in KIRK's dilemma,... it becomes powerful, yes?
OKAY - now,... before we address your 'extra' answer about 'IF' you are Guilty (what a time-bomb THAT answer was! - should have stuck to PASS or TAKE Sisko),..
Let's move to your 'Bonus Round'
You ARE innocent and you choose to PASS the deal and fight the false charges and evidence facing you.
SIDE-BAR: Too true about Shatners' cry/laugh,... but it is only confusing,.. as opposed to his Janice Lester bits, which are just plain old creepy in a John Wayne Gacey disturbing way LOL!