Courtmartial.com

Your Rights When Facing a Court-Martial – Part II

William Cassara — Fri, 18 May 2012 17:41:24 +0000

Trickery and deception by law enforcement is an ongoing part of the investigative techniques they employ. How to deceive suspects into giving information that can be used against them in a court-martial is a part of their training. Deception by law enforcement is permitted by law and has been approved by the U.S. Supreme Court as legitimate investigative techniques. However, you will be prosecuted if you lie to law enforcement. The best course of action is to say nothing. If you are facing a court-martial, it is important to know your rights.

If you want an attorney or to remain silent you must explicitly state: “I want a lawyer” and “I will not speak and I exercise my right to silence.” Unfortunately, law doesn’t mimic real life and the law is such that any other discussion of rights may be “ambiguous” and the investigators may not have to stop their questioning.

William Cassara is an experienced military attorney who can ensure that you are on the right course if you are facing a court-martial. Call toll-free at (888) 288-3347 to get the conversation started today.

Airman’s court-martial conviction for rape of a minor reversed on appeal

wcassara — Fri, 18 May 2012 15:31:01 +0000

Mr. Cassara represented an Airman on his court-martial appeal for rape of a minor. During the court-martial, one panel member had to be excused, and two more replaced him. While this is an authorized practice, Mr. Cassara argued during his court-martial appeal that this denied the airman the right to confront his accuser. The Air Force Court of Criminal Appeals agreed and reversed his court-martial conviction.Vazquez-37563 pub

If you need a court-martial appeal attorney contact Mr. Cassara at 706-860-5769 now.

Soldier’s court-martial conviction for child pornography reversed.

wcassara — Fri, 18 May 2012 15:28:33 +0000

Mr. Cassara represented an Army Staff Sergeant on his court-martial appeal. The soldier was convicted of possession of child pornography and other offenses. During his court-martial appeal, Mr. Cassara argued that his court-martial conviction for possession of child pornography was invalid, as most of the pictures the soldier possessed were clearly not child pornography. After the Army Court of Criminal Appeals affirmed his court-martial conviction, Mr. Cassara filed a court-martial appeal to the Court of Appeals for the Armed Forces, who reversed his child pornography conviction.BarberiCAAFDecision11-0462

If you need a court-martial appeal attorney contact Mr. Cassara at 706-860-5769 now.

Marine’s rape conviction overturned, sentence reduced.

wcassara — Fri, 18 May 2012 15:21:04 +0000

Mr. Cassara represented a Marine Gunnery Sergeant on his court-martial appeal. The Marine was convicted of rape of a minor among other charges and sentenced to nearly 15 years confinement. During his court-martial appeal, Mr. Cassara argued that the military judge improperly instructed the panel on the law, and that the accused was denied a fair trial. The Navy-Marine Corps Court of Criminal Appeals agreed and reversed his court-martial conviction on the rape charge. The Navy-Marine Corps Court of Criminal Appeals reduced his sentence by two years. Mr. Cassara will know appeal further to the Court of Appeals for the Armed Forces.VALENTIN-201000683-UNPUB

If you need a court-martial appeal attorney contact Mr. Cassara at 706-860-5769 now.

Military Court Acquits Soldier in OMSJ Case

admin — Fri, 18 May 2012 14:54:22 +0000

17 May (Fort Bragg, NC) – After more than 200 days in custody, a US Army sergeant was released this week after a federal court acquitted him of four HIV-related criminal against him.

If convicted, Sergeant TD faced 37 years in federal prison.

Army investigators arrested Sgt. TD in 2011 after a former girlfriend accused him of assault and throwing a plastic bottle during an argument. The victim and three other women later learned that he was diagnosed as “HIV-positive” in 2010.

The evidence against Sgt. TD was overwhelming. Faced with repeated positive ELISA, Western Blot and viral load tests, a doctor’s alleged diagnosis and the soldier’s signed confession, his defense attorneys offered to plead guilty in exchange of a reduced sentence.

Prosecutors refused.

With no other defense available, Sgt. TD’s military defense attorneys asked OMSJ to join the case last March. With only weeks to prepare, OMSJ’s team determined that Sgt. TD had tested “HIV positive” during a pre-deployment screening after receiving a dozen or more inoculations that are known to produce false positive test results. A closer examination found no evidence that any military or civilian HIV clinician had ever competently diagnosed the healthy asymptomatic man as infected with HIV.

Last Monday, prosecutors called a top infectious disease expert from Bethesda who claimed that TD was undoubtedly infected with HIV and that Western Blot was the “gold standard” for HIV testing. When cross-examined, the “expert” insisted that there was no need to consider the dozens of factors that are known to cause false positive results.

OMSJ’s team of medical and biotech experts explained why doctors should not rely on HIV tests that the FDA and manufacturers warn are too unreliable, and were never intended or approved to be used, to diagnose HIV.

Despite the overwhelming odds, the orders violations were dismissed and Sgt. TD was acquitted of all HIV-related charges. After 240 days in pretrial custody, he was immediately released.

Source: http://www.omsj.org/issues/ustd

Fort Bragg NC-Soldier diagnosed with HIV acquitted of aggravated assault

wcassara — Thu, 17 May 2012 17:08:59 +0000

Mr. Cassara represented a soldier who had been diagnosed with HIV, and was charged at a general court-martial with several counts of aggravated assault for not informing his sexual partners that he was HIV positive. The soldier was also charged with violating the lawful order of his commander to inform his sexual partners he was HIV positive and with use of spice. The soldier submitted an offer to plead guilty which the government rejected. He then retained Mr. Cassara, who utilized the services of http://www.omsj.org. In spite of the fact that the soldier confessed to having sex without informing his partners and to the use of spice, the soldier was acquitted of all of these charges. See press release on our media page.

If you need a court-martial attorney, call Mr. Cassara immediately.

Your Rights When Facing a Court-Martial – Part I

William Cassara — Fri, 11 May 2012 06:38:57 +0000

Consider this:

·         Are you a service member (active, Reserve, Guard, discharged, or retired) who faces a court-martial? Or, do you suspect that you may in the future face a court-martial?
·         Are you the spouse of a service member who is facing or expects to face a court-martial?
·         Are you a family member of a service member who is facing or expects to face a court-martial?

If you said yes to any of the above questions, please read on.

Every attorney- or police-themed show on television has a mention of “Miranda” or someone saying “I want my rights!” We hear about our rights so frequently that you would imagine people know what they are. Unfortunately, this isn’t always the case.

If you have already faced interrogation, the best thing you can do to help yourself and your military attorney is to sit down and make a complete and detailed account of what brought you to this point. Why are you facing a court-martial? Write down who was there, what was said, and what transpired. Be as detailed as possible, as memories fade and your notes will be very helpful later on in the court-martial process. Do not show this document to anyone except your attorney.

If you have not yet been questioned by the police or your command, you have the absolute right to remain silent and speak to an attorney before answering any questions. You should exercise this right.

If you end up at court-martial, an early record of what happened will be very helpful to your court-martial attorney in preparing an effective case.

Can you afford an experienced military lawyer for your court-martial?

William Cassara — Fri, 04 May 2012 15:14:12 +0000

A court-martial conviction has serious consequences. Courts-martial are federal courts, so any conviction is a federal conviction. Unlike the civilian court systems, the military does not differentiate between misdemeanors and felonies. From the potential inability to own a firearm to the loss of Department of Veterans Affairs benefits and possible sex offender registration, not to mention the various financial damages (including loss of income if you are incarcerated) that most will face, the consequences are indeed serious. Few people can afford to NOT hire an experienced court martial lawyer to represent them in their court-martial.

Too often, I hear potential clients claim that they “cannot afford a civilian lawyer.” While in some cases this is true, most people can afford to hire a quality civilian defense attorney to represent them in their court-martial. If ever there is a time to “call in favors” from friends and family, this is it. Most military members have stable incomes, credit cards, and/or family and friends from whom they can borrow the resources needed to secure legal representation. When everything is on the line, this may be the best money you ever spend.

The bottom line is that when you face a possible court-martial, you need an experienced court-martial lawyer. The military will appoint you a military lawyer. You should strongly consider hiring a civilian with military law experience as well. You need an experienced military lawyer capable of seeing you through your court-martial. While hiring a military lawyer does not guarantee a particular outcome, you are likely giving yourself the best chance of success – and this can usually make all the difference. I have successfully represented clients facing courts-martial all over the world for over two decades and stand ready to help you with your court-martial. If you need a court-martial attorney call toll-free at (888) 288-3347 for a free consultation.

Court-Martial Appeals – Part Four

William Cassara — Fri, 27 Apr 2012 07:46:01 +0000

Similar to civilian criminal courts, appeals are allowed in the military justice system. A service member may appeal their court-martial sentence. This means that a court-martial sentence is not necessarily the end of the story. If there have been errors committed at your court-martial, you may have grounds for appeal.

If you are convicted at a court-martial, then an appeal is your last opportunity to reverse your conviction and/or see your sentence reduced. A court-martial appeal is specialized work and success requires a military defense lawyer who knows both the military and federal civilian court systems inside and out. William Cassara is such a lawyer and has represented numerous service members on appeal.

If you have received a punitive discharge (dismissal, bad-conduct discharge, or dishonorable discharge) or have spent more than a year in jail, then you have what is known as an appeal of right. In other words, your case will automatically be appealed to the Court of Criminal Appeals for your branch of service (Army, Navy-Marine Corps, Air Force, and Coast Guard.) If that appeal is unsuccessful there is the possibility of a subsequent appeal to the U.S. Court of Appeals for the Armed Forces; and even the U.S. Supreme Court.

The first step is to reach out. Call Mr. Cassara toll-free at (888) 288-3347 for a free consultation. Mr. Cassara will listen to you and walk you through your options. If you need an experienced court-martial appeal lawyer, call Mr. Cassara today.

Colonel’s Security Clearance reinstated

wcassara — Wed, 25 Apr 2012 13:56:12 +0000

Mr. Cassara represented an Army Colonel whose security clearance had been suspended and was pending revocation by the U.S. Army Central Clearance Facility (CCF.) The notice of intent to revoke his security clearance centered around his interaction with his soldiers while down range, and raised a number of serious allegations. He knew he needed an experienced Security Clearance lawyer and contacted Mr. Cassara. Mr. Cassara filed a detailed rebuttal to each of the allegations, including sworn statements from a number of witnesses. After a thorough review of the packet, CCF reinstated the Colonel’s Top Secret Security Clearance.

If you need a security clearance lawyer, call Mr. Cassara.