Courtmartial.com http://courtmartial.com Fri, 17 May 2013 19:31:35 +0000 en hourly 1 http://wordpress.org/?v=3.2.1 I have new evidence to present that was not presented in my court-martial, can I get a new trial? http://courtmartial.com/i-have-new-evidence-to-present-that-was-not-presented-in-my-court-martial-can-i-get-a-new-trial/ http://courtmartial.com/i-have-new-evidence-to-present-that-was-not-presented-in-my-court-martial-can-i-get-a-new-trial/#comments Fri, 17 May 2013 19:31:35 +0000 William Cassara http://courtmartial.com/?p=1158 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 [...]

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]]> 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.  Obviously, the new evidence must be significant and must somehow provide proof of your innocence.  If you call me to discuss the new evidence, I will give you an honest assessment.  I have the experience to know what your honest chances are at being granted a new court-martial.  It is worth the call.  To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.

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]]> http://courtmartial.com/i-have-new-evidence-to-present-that-was-not-presented-in-my-court-martial-can-i-get-a-new-trial/feed/ 0 What should I do if I am put in pretrial confinement? http://courtmartial.com/what-should-i-do-if-i-am-put-in-pretrial-confinement/ http://courtmartial.com/what-should-i-do-if-i-am-put-in-pretrial-confinement/#comments Thu, 16 May 2013 22:26:50 +0000 William Cassara http://courtmartial.com/?p=1156 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 [...]

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]]> 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 advocate for your release, I have a large amount of experience in doing so.  Having said that, there can be some advantages to staying in pretrial confinement prior to your court-martial.  For example, if you get sentenced to confinement at your court-martial, you will get credit for the time that you already did in pretrial confinement.  Additionally, because you have not been convicted of any crimes while in pretrial confinement, you continue to get paid as a servicemember.  Also, depending on your crime, sometimes it is good to be placed in confinement away from your command and peers because if you are still with them, they may not treat you well.  To know whether you should remain in pretrial confinement prior to your court-martial or fight for release takes experience.  I can help you with that.  To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.

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]]> http://courtmartial.com/what-should-i-do-if-i-am-put-in-pretrial-confinement/feed/ 0 Despite a positive drug test, the Navy-Marine Appellate Court overturns my client’s drug conviction! http://courtmartial.com/despite-a-positive-drug-test-the-navy-marine-appellate-court-overturns-my-client%e2%80%99s-drug-conviction/ http://courtmartial.com/despite-a-positive-drug-test-the-navy-marine-appellate-court-overturns-my-client%e2%80%99s-drug-conviction/#comments Wed, 08 May 2013 12:51:54 +0000 William Cassara http://courtmartial.com/?p=1152 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 [...]

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]]> 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 counsel at his court-martial, I argued that if he had used cocaine it had to have been an unknowing ingestion at a bar.  The only evidence used against my client during his original court-martial was the positive drug paperwork created by the drug lab, testimony from those who administered the test to him and testimony from an expert witness to explain the paperwork.  During his court-martial, I objected to the admission of sections of the drug paperwork due to the fact that it was inadmissible “testimonial hearsay.”  When my objections were overruled during the court-martial, I was careful to preserve the issue so that I could later appeal on OS1 Rose’s behalf.  On appeal, I again argued that sections of the paperwork used by the Government in the court-martial were pieces of “testimonial hearsay” and that the judge erred in admitting them over my objection.  The appellate court agreed with me.  The court then determined that this error prejudiced my client because the expert witness called to testify relied on the improper evidence several times during his testimony.  Because there was absolutely no other evidence against OS1 Rose and because I had been careful to preserve the issue for appeal, the court-martial findings and sentence were set aside.  I have a ton of experience with court-martials and court-martial appeals.  I know which arguments have merit and which do not.  I also know what steps to take at the court-martial level to preserve certain issues for appeal.  You need me on your side.   To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free c0nsultation.

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]]> http://courtmartial.com/despite-a-positive-drug-test-the-navy-marine-appellate-court-overturns-my-client%e2%80%99s-drug-conviction/feed/ 0 If you have information that could help the Government prosecute someone else, you might be able to get yourself immunity. http://courtmartial.com/if-you-have-information-that-could-help-the-government-prosecute-someone-else-you-might-be-able-to-get-yourself-immunity/ http://courtmartial.com/if-you-have-information-that-could-help-the-government-prosecute-someone-else-you-might-be-able-to-get-yourself-immunity/#comments Sun, 05 May 2013 13:12:23 +0000 William Cassara http://courtmartial.com/?p=1150 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 [...]

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]]> 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 involved in a court-martial.  They are testimonial immunity and transactional immunity.  Testimonial immunity means that your testimony or other information you give may not be used against you in a future court-martial.  Transactional immunity means that you cannot be prosecuted for the crime or a related matter that you are testifying about.  Between the two, transactional immunity has broader protections.  Therefore, in most scenarios you would want to request transactional immunity from the Commanding General convening the court-martial.  If you fear you may be facing prosecution and have information that could help the Government in a related court martial you need an experienced attorney to help you through the process of obtaining immunity.  To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.

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]]> http://courtmartial.com/if-you-have-information-that-could-help-the-government-prosecute-someone-else-you-might-be-able-to-get-yourself-immunity/feed/ 0 Court-Martial for Drug Use Reversed on Appeal http://courtmartial.com/court-martial-for-drug-use-reversed-on-appeal/ http://courtmartial.com/court-martial-for-drug-use-reversed-on-appeal/#comments Tue, 30 Apr 2013 20:16:32 +0000 William Cassara http://courtmartial.com/?p=1145 Mr. Cassara represented a Navy E-6 at trial on a single charge of use of cocaine. After a hard fought case, the panel convicted the sailor and reduced him one grade.  Mr. Cassara appealed that decision to the Office of the Judge Advocate General pursuant to Rule for Courts-Martial 69b.   That office forwarded the case [...]

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]]> Mr. Cassara represented a Navy E-6 at trial on a single charge of use of cocaine. After a hard fought case, the panel convicted the sailor and reduced him one grade.  Mr. Cassara appealed that decision to the Office of the Judge Advocate General pursuant to Rule for Courts-Martial 69b.   That office forwarded the case to the Navy-Marine Corps Court of Criminal Appeals.  On appeal, Mr. Cassara raised the same issue he raised at trial, that is that the admission of certain evidence from the “litigation report” from the Fort Meade drug testing laboratory was erroneous.  3 years after his conviction, the Navy-Marine Corps Court of Criminal Appeals agreed with our position and reversed the court-martial conviction.  As the sailor had been discharged on the basis of his conviction, this will allow him to potentially return to active duty and retire.  This just goes to show that you should never give up the fight! The Court of Appeals Decision can be found here.

If you need a court-martial attorney or a court-martial appeal attorney contact Mr. Cassara for a free consultation.

 

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]]> http://courtmartial.com/court-martial-for-drug-use-reversed-on-appeal/feed/ 0 Are you being unlawfully punished before your court-martial? Call me for help. http://courtmartial.com/are-you-being-unlawfully-punished-before-your-court-martial-call-me-for-help/ http://courtmartial.com/are-you-being-unlawfully-punished-before-your-court-martial-call-me-for-help/#comments Tue, 30 Apr 2013 16:42:30 +0000 William Cassara http://courtmartial.com/?p=1140 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 [...]

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]]> 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 criminal.  For this reason, a servicemember may be subject to all kinds of punishment prior to their court-martial.  This punishment can range from public ridicule to physical abuse.  What you need to know is that this type of punishment is prohibited under Article 13 of the Uniform Code of Military Justice.  You are innocent until proven guilty at a court-martial.  If you are being punished prior to your trial in this way, you may be able to get some relief during your court-martial.  I can help you try to get this pre court-martial punishment stopped now and try to get you some relief for the punishment you have already endured.  To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860 5769 for a free consultation.

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]]> http://courtmartial.com/are-you-being-unlawfully-punished-before-your-court-martial-call-me-for-help/feed/ 0 Will my discharge be automatically upgraded to Honorable after six months? http://courtmartial.com/will-my-discharge-be-automatically-upgraded-to-honorable-after-six-months/ http://courtmartial.com/will-my-discharge-be-automatically-upgraded-to-honorable-after-six-months/#comments Fri, 26 Apr 2013 10:56:09 +0000 William Cassara http://courtmartial.com/?p=1138 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. [...]

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]]> 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.  They are called Discharge Review Boards.  If your discharge is more than 15 years old, you can apply to the appropriate Board for Corrections of Military Records for an upgrade.  I have a lot of experience requesting upgrades and other actions to these boards on behalf of my clients.  Many of these requests have been granted.  I have the experience to know whether you have a good chance of being successful.  I will be honest with you and tell you what your chances are.  If I don’t think you should spend the time or the money, I will tell you that.  The call is free.  Let me help you. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.

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]]> http://courtmartial.com/will-my-discharge-be-automatically-upgraded-to-honorable-after-six-months/feed/ 0 Should I turn down my Article 15 for a Court-Martial? http://courtmartial.com/should-i-turn-down-my-article-15-for-a-court-martial/ http://courtmartial.com/should-i-turn-down-my-article-15-for-a-court-martial/#comments Thu, 25 Apr 2013 00:01:29 +0000 William Cassara http://courtmartial.com/?p=1136 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 [...]

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]]> 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 15 is that the same commander that issued you the Article 15, then acts as your judge in your Article 15 “mini trial.”  Obviously, it can be an uphill battle to convince him or her of your innocence or that you deserve a light sentence.  Additionally, if an Article 15 ends up in your official file, your career could come to a screeching halt.  So, if you feel that you may be in a situation where turning down an Article 15 for a court-martial is the right answer for you, sit down and speak with an attorney.  Every case is unique.  You owe to yourself, your career and your family to get one-on-one advice before making such a bold decision.  To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.

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]]> http://courtmartial.com/should-i-turn-down-my-article-15-for-a-court-martial/feed/ 0 If my pay is forfeited as a result of my Court-Martial, what happens to my family? http://courtmartial.com/if-my-pay-is-forfeited-as-a-result-of-my-court-martial-what-happens-to-my-family/ http://courtmartial.com/if-my-pay-is-forfeited-as-a-result-of-my-court-martial-what-happens-to-my-family/#comments Fri, 19 Apr 2013 21:02:51 +0000 William Cassara http://courtmartial.com/?p=1134 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 [...]

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]]> 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 difference in the world to a family in this difficult situation.  Additionally, it can help to ease the mind of a Soldier, Sailor or Airman faced with a forfeiture of pay after a court-martial.  However, the convening authority of a court-martial is only going to grant this type of waiver for a family if the individual convicted is able to demonstrate why his family needs and deserves the money.  In other words, a Soldier, Sailor or Airman in this position will need to submit a convincing written request for this type of waiver.  I have assisted many of my clients and their families to obtain these waivers following court-martials.  If you are facing a court-martial, it is likely that you are confused and maybe even a little panicked about what the future holds.  You need someone with experience by your side to help you through this process.  I have that experience.  Please call me for help.  To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.

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]]> http://courtmartial.com/if-my-pay-is-forfeited-as-a-result-of-my-court-martial-what-happens-to-my-family/feed/ 0 Should I take a polygraph test? The agents are telling me it can help clear me… http://courtmartial.com/should-i-take-a-polygraph-test-the-agents-are-telling-me-it-can-help-clear-me%e2%80%a6/ http://courtmartial.com/should-i-take-a-polygraph-test-the-agents-are-telling-me-it-can-help-clear-me%e2%80%a6/#comments Thu, 18 Apr 2013 13:11:47 +0000 William Cassara http://courtmartial.com/?p=1131 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 [...]

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]]> 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 they are attempting to get immediately after the polygraph test IS admissible at a court-martial.  I have seen this happen time and time again.  There is no good that can come of you taking a polygraph test without first speaking to an attorney.  I have seen a few unique cases where an accused has passed a polygraph test and the court-martial charges facing him were then dropped.  However, these cases were rare and did not happen without help from an attorney.  In most cases an accused is told that he failed the polygraph test.  While the results of the polygraph examination are not admissible at a court-martial, they can be viewed by the Commanders making the decision to send charges to a court–martial.  For this reason, a failed polygraph test can prove very damaging to an accused.  Bottom line, don’t fall for it.  Do not take a polygraph test without consulting an attorney.  Better yet, do not waive your rights and speak to an investigating agent without first consulting an attorney.   To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.

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