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
Mr. Cassara represented an Army Colonel whose security clearance had been suspended and was pending revocation by the U.S. Army Central Clearance Facility (CCF.) The notice of intent to revoke his security clearance centered around his interaction with his soldiers while down range, and raised a number of serious allegations. He knew he needed an … Read more
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
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
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
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
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
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
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