I have new evidence to present that was not presented in my court-martial, can I get a new trial?
Yes. Article 73 of the Uniform Code of Military Justice states that at any time within 2 years of the convening authority approving a court-martial sentence, an accused can petition The Judge Advocate General (TJAG) for a new court-martial on the basis of newly discovered evidence or fraud on the court. If your case is already pending before a Court of Criminal Appeals or before the Court of Appeals for the Armed Forces, TJAG will refer the request to that court, otherwise he or she must act on the request. Obviously, the new evidence must be significant and must somehow provide proof of your innocence. If you call me to discuss the new evidence, I will give you an honest assessment. I have the experience to know what your honest chances are at being granted a new court-martial. It is worth the call. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.