Mr. Cassara represented a Command Sergeant Major who was given a General Officer Memorandum of Reprimand for allegedly shipping items illegally from a deployed environment. This action also caused the Army to propose a rank reduction, as the Army claimed he would not have been promoted if the Army knew of his alleged misconduct. After … Read more
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 … Read more
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 … Read more
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 … Read more
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 … Read more
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 … Read more
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 … Read more
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 … Read more
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 … Read more
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 … Read more