Mr. Cassara represented an Army Major who was in the Army Guard Reserve (AGR.) When the major was young lieutenant he received an Article 15 for essentially being stupid. As a result, he left active duty and went into the Army Reserves, eventually going into the AGR. He made it to Major despite the Article … Read more
Under Article 31 of the Uniform Code of Military Justice (UCMJ,) if a person on active duty with the U.S. military is suspected of committing a criminal offense under the Uniform Code of Military Justice, they have the following rights: A. THE RIGHT to be informed of the specific offense(s) he or she is suspected … Read more
There are two types of searches in the military, those based on probable cause, and what are called “inspections.” This article will concentrate on what are called probable cause searches. If investigators believe they have probable cause to search you or your property, they will apply to a magistrate (civilian or military depending on where … Read more
Article 32 of the Uniform Code of Military Justice provides that before charges may be referred to a General Court-Martial, the charges must be “investigated” at an Article 32 investigation. This is not an investigation as you would normally think of it. It is better called a hearing, and is similar to a preliminary hearing … Read more
I see more and more cases with service members who have either PTSD and/or TBI committing offenses that they undoubtedly would not have committed prior to their injury. Unfortunately, in many of these cases PTSD and/or TBI are not a “defense” in that don’t negate a person’s criminal liability at a court-martial. Still, it can … Read more
The military has seen a sharp spike in sexual assault prosecutions over the years. Many of these are he said/she said cases, which arise after a night of heavy drinking. Some involve minors. But all of them are being much more aggressively prosecuted than previously. Congress has gotten involved, and there has even been a … Read more
I am frequently asked to comment on this issue, both to friends and in the media. There are many areas where the court-martial system is superior to its civilian counterparts, as discussed in some of my other blog posts. Then there are those areas where it simply falls short. Like any judicial system, it is … Read more
I am frequently asked to comment on this issue, both to friends and in the media. There are many areas where the court-martial system is superior to its civilian counterparts, as discussed in some of my other blog posts. Then there are those areas where it simply falls short. Like any judicial system, it is … Read more
As a defense attorney, I am frequently asked how I can represent people I “know” are guilty. My usual response is “Why don’t you ask a prosecutor how they can prosecute someone they “know” is innocent?” I am then met with statements such as “that doesn’t happen.” Well, in my opinion, it does. I have … Read more
This is an interesting article on “Shaken Baby Syndrome.” I have represented numerous service members charged with SBS. Frequently, the issue comes down to the cause of injury, and experts differ on the issue. If you are charged with SBS, you need an experienced court-martial attorney. If you or a loved one has been convicted … Read more