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The accused has the option of having his or her court-martial heard by either a judge or jury (called a panel in the military.) Military judges are Judge Advocate General (JAG) attorneys, and the panel members are both military officers and enlisted service members.  All members of the panel will be senior in rank to … Read more

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Mr. Cassara represented a Marine Staff Sergeant who had requested discharge in lieu of court-martial and received an Other Than Honorable Discharge.  The Marine was initially accused of rape.  That charge was later reduced to fraternization, and the Marine requested a discharge in lieu of court-martial.  That request was granted and he was given an … Read more

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Once a court-martial gets into the courtroom, it has two basic phases. First, there is the “findings” phase of the court-martial, which is the part of the trial where the judge or “panel” determines whether the government has proven the accused guilt beyond a reasonable doubt. Second, there is the sentencing phase of the court-martial, … Read more

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A court-martial is best described as a military criminal trial. Courts-martial are designed to determine whether a service member accused of criminal activity is guilty or innocent of their charges. Generally speaking, just about any criminal offense committed by a service member is under the jurisdiction of a military court-martial. If a service member is … Read more

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An AF Master Sergeant had her clearance revoked for failing to pay debts, most of which were incurred due to illness.  The AF originally notified her of the intention to revoke her clearance.  She knew she needed an experienced security clearance lawyer and contacted Mr. Cassara for help.  After filing a rebuttal to the proposed … Read more

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Mr. Cassara represented an Army E-7 who had been convicted of spousal abuse in state court.  He received a bar to reenlistment and was pending administrative separation from the Army.  He had 18 years of service.  He retained Mr. Cassara who petition the Army and proved that the charge for which the soldier was convicted … Read more

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If the court-martial conviction is affirmed by the service court, the appellant may request review by the Court of Appeals for the Armed Forces and, ultimately, the U.S. Supreme Court. It should be noted that review by these high courts is discretionary. The Court of Appeals for the Armed Forces (CAAF) is made up of … Read more

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Mr. Cassara represented an Air Force member who was convicted of sexually abusing a neighbor’s daughter and sentenced to nine years in jail. On appeal of his court-martial conviction, the Air Force Court of Criminal Appeals agreed with Mr. Cassara that the Airman’s rights were violated and that he was denied a fair trial. The … Read more

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The Court of Criminal Appeals can correct any legal error it comes across; including the reduction of those court-martial sentences it considers to be excessive. Under Article 66 of the UCMJ, the Court may only uphold such parts of the court-martial findings and sentence that it finds correct in law and fact. In their consideration … Read more

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Convictions by a special court-martial or general court-martial are automatically appealed to a service Court of Criminal Appeals if the sentence includes confinement for one year or more, a dishonorable or bad-conduct discharge, dismissal (in the case of a commissioned officer, midshipman, or cadet,) or a death sentence. Unless the service member convicted at  court-martial … Read more