Blog
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I have new evidence to present that was not presented in my court-martial, can I get a new trial?
May 17
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Friday, May 17th, 2013
Yes. Article 73 of the Uniform Code of Military Justice states that at any time within 2 years of the convening authority approving a court-martial sentence, an accused can petition The Judge Advocate General (TJAG) for a new court-martial on the basis of newly discovered evidence or fraud on the court. If your case is already pending before a Court of Criminal Appeals or before the Court of Appeals for the Armed Forces, TJAG will refer the request to that court, otherwise he or she must act on the request. Obvio…
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What should I do if I am put in pretrial confinement?
May 16
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Thursday, May 16th, 2013
Sometimes military servicemembers facing charges are placed in pretrial confinement prior to their court-martial. If this happens to you, you may feel that your situation is helpless. However, even after being placed in pretrial confinement, this original confinement decision must get reviewed within 48 hours, sometimes 72 hours depending on who made the original confinement decision, and then again by a military magistrate within 7 days of the confinement. These reviews can serve as an opportunity for release. If you need someone to ad…
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Despite a positive drug test, the Navy-Marine Appellate Court overturns my client’s drug conviction!
May 8
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Wednesday, May 8th, 2013
On 30 April 2013, after hearing my argument, the Navy-Marine Corps Court of Criminal Appeals set aside the findings and sentence in OS1 James Rose’s case. OS1 Rose was convicted in 2010 at a court-martial for using cocaine based solely on a positive drug test. At that time he had served for 19 years and had a completely clean record. During his court-martial, OS1 Rose testified that he had not used cocaine and many servicemembers testified as to his great character. No one had witnessed OS1 Rose use cocaine and as his defense counse…
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If you have information that could help the Government prosecute someone else, you might be able to get yourself immunity.
May 5
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Sunday, May 5th, 2013
I know it is difficult to testify against someone at a court-martial…especially if it is a fellow Soldier, Sailor or Airman. However, there some scenarios in which a Commanding General convening a court-martial may offer you immunity in order to use your testimony against someone else in a court-martial. Often times the Commanding General will do this because the information you have is about a more severe crime or because you are a “little fish” and he or she is looking for the “big fish.” There are two types of immunity involv…
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Are you being unlawfully punished before your court-martial? Call me for help.
Apr 30
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Tuesday, April 30th, 2013
Soldiers, Sailors and Airmen are often punished by their superiors and peers prior to even being found guilty at a court-martial. This is very common and also very wrong. In the military, servicemembers live in close quarters. So, as soon as someone is alleged to have committed a crime or has court-martial charges preferred against them, the rumors spread like wildfire. If that servicemember is not confined then they might be surrounded by other servicemembers who presume that they are guilty and begin treating him or her like a crimina…
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Will my discharge be automatically upgraded to Honorable after six months?
Apr 26
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Friday, April 26th, 2013
No it will not. There is no such thing as an automatic discharge upgrade. I have no idea where this rumor got started, but it is completely false. If you want your discharge upgraded you have to actually request an upgrade and you have to supply valid reasons why you believe it should be upgraded. The reasons supplied must demonstrate that there was an error, inequity or injustice in your discharge. The services all have review boards especially designed to review requests for upgrades for individuals discharged within the last 15 years…
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Should I turn down my Article 15 for a Court-Martial?
Apr 25
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Thursday, April 25th, 2013
It depends. Many argue that this is a never a good idea. The reason for that is because the stakes are higher at a court-martial. At a court- martial, you have the chance at a criminal conviction and the possible sentence is much more serious. Most importantly, at a court-martial, you could receive a punitive discharge and/or time in jail. That being said, every case is different. I cannot say that you should NEVER turn down an Article 15 for a court-martial, because that may not be true in your case. The bad news about an Article…
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If my pay is forfeited as a result of my Court-Martial, what happens to my family?
Apr 19
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Friday, April 19th, 2013
If you are convicted of a crime at a court-martial, it is very possible that your military pay will be forfeited. If you have a family to care for, this could be devastating. In fact, for many of my clients facing a court-martial, this is one of their biggest concerns. Here is a bit of good news. The convening authority of a court-martial has the power to waive some or all of the forfeitures of pay resulting from the court-martial so your family can receive money for up to six months following your conviction. This can make all the di…
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Should I take a polygraph test? The agents are telling me it can help clear me…
Apr 18
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Thursday, April 18th, 2013
Short answer..NO. I recommend that you do not take a polygraph test without consulting an attorney. The investigators are not looking to help you. They are looking to trap you into confessing. It is true that a polygraph is not admissible as evidence in your court-martial. However, that is not why it is being offered to you. The investigators in your case will administer the test to you and then most likely tell you that you failed. They will then try to interview you again and get you to confess on paper. The confession that th…
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Don’t Ask, Don’t Tell repealed. Can I have my discharge based on homosexuality reviewed?
Apr 15
Posted by: William Cassara | Number of Comments: Comments Off
Category: Blog | Date Posted: Monday, April 15th, 2013
Yes. The military’s “Don’t Ask, Don’t Tell” policy was repealed by Congress on 20 September 2011. Upon application, the Discharge Review Boards will review discharges occurring within the last 15 years based on homosexual conduct. The Boards for Correction of Military Records will review discharges occurring more that 15 years ago. If you received an Honorable discharge based solely on homosexual conduct and your only goal is to reenter the service, you should not have a problem since the re-entry code based on 10 U.S.C. 654 will …