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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 … Read more

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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 … Read more

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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 … Read more

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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 … Read more

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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 … Read more

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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. … Read more

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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 … Read more

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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 … Read more

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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 … Read more

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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 … Read more