A Marine reservist was discharged with an Other Than Honorable (OTH) discharge for allegedly not attending weekend drills. The Marine had petitioned the Navy Discharge Review Board for an upgrade but was denied after a “records review.” Then he hired Mr. Cassara. Mr. Cassara filed an extensive brief with the Navy Discharge Review Board and … Read more
The DRB cannot review a discharge resulting from a General Court-martial. In addition, it cannot pardon, overturn, or eliminate a court-martial conviction. However, experienced military attorneys, like Mr. Cassara, can help compel the DRB to possibly change the reason for your discharge and, in the Air Force and Army, the RE Code. The DRB has … Read more
The Discharge Review Board (DRB) is limited insofar as it can only upgrade discharges and/or change the reason behind a discharge. The Air Force Discharge Review Board and Army Discharge Review Boards will change RE Codes, while the Navy Discharge Review Boards will not. The Discharge Review Boards cannot make any other changes to the … Read more
Mr. Cassara represented an Army Master Sergeant (E-8) who was charged with raping one of his soldiers. The NCO admitted to having sex with the soldier, but claimed it was consensual. After a fully litigated Article 32 (b) hearing, the Investigating Officer not only recommended that the rape and other sexual assault charges against the … Read more
Can my unit place me in pre-trial confinement or restrict my movements? Yes, they can. You need to demonstrate that you are not a flight risk or a danger to the community to avoid this. There are many reasons why your commander would order you into pre-trial confinement. Your commander has to have probable cause … Read more
Knowledge is power. Knowing the type of courts-martial and the potential punishment will affect how you approach your case. The least serious court-martial is called a summary court-martial. Summary courts-martial are a type of administrative punishment. Unlike special and general courts-martial, summary courts-martial will not mean a federal conviction on your record if you are … Read more
After your company commander reads you the charges that will be brought against you, you might be left with a lot of questions. If the command is recommending a General Court-Martial, what you can expect next is an Article 32 hearing, which is similar to a grand jury indictment. The Convening Authority will appoint an … Read more
Mr. Cassara represented a Chief Warrant Officer 4 at Fort Bragg who was originally charged with kidnapping and other charges. The soldier was a CID agent and was accused of wrongfully arresting a civilian and numerous other charges. Although the Article 32b Investigating Officer recommended the case not go to trial, the Convening Authority referred … Read more
CW4 Scott Godwin faced court-martial on charges of violating a lawful order, unlawfully apprehending and arresting a civilian and depriving the individual of his rights under the color of the law in the March 24, 2011, arrest of Vincent Sandifer. . . . Defense attorney Bill Cassara, however, argued that Sandifer was not credible and … Read more
Perhaps, but that depends on the circumstances. This is probably one of the most difficult questions to answer, and one that every state and nearly every lawyer will answer differently. But I will try. Courts-martial convictions are typically considered “felony convictions” if the maximum permissible punishment for the offense is one year or more in … Read more