Military Clemency and Parole Cases

military clemency

We have represented members of all services in the clemency and parole process. All services have a Clemency and Parole Board.

The Service Clemency & Parole Board can reduce the sentence to confinement or place you on parole. Note that if you get to your minimum release date (MRD) and have good time, your release will be under the Mandatory Supervised Release Program.  Clemency is a reduction in your sentence.  Parole is release to a Federal Parole Officer. MSRP is a what I call “parole light.”  Challenges to the MSRP have been denied by both military and civilian courts. United States v. Pena, 64 M.J. 259 (2007); Banks v. United States, CASE NO. 09-3086-RDR (D.C. Kan. 25 November 2013).

Military Clemency and Parole is different than state or federal parole.  In general, a service member sentenced to confinement is eligible for consideration for clemency after serving one year of their sentence, and parole after serving one third of their sentence.  Service members sentenced to 30 or more years are eligible for parole at the ten-year mark.  Service members who did not get a punitive discharge are not eligible for parole but are eligible for clemency.  However, every service has its own rules and regulations. That is why you need an attorney experienced in military clemency and parole.

What the Boards consider

The Clemency and Parole Boards presume the service member is guilty. They will not relitigate the case. But they do look at matters in mitigation.  One of the things they consider is “acceptance of responsibility.”  This can be problematic when a service member’s case is still on appeal. That’s why you need a lawyer with experience in both courts-martial appeals and military clemency and parole.

Another thing they consider is family support, job opportunities, schooling, etc.  For a service member on the sex-offender registry (SOR) this too can be difficult.

How to prepare

In many ways the clemency and parole process can be more important than your court-martial appeal. You and your loved one need to treat it that way.  It is not a DIY project.  I have represented clients before the Army Clemency and Parole Board, the Air Force Clemency and Parole Board and the Navy-Marine Corps Clemency and Parole Board.

To speak to an experienced military clemency and parole lawyer, call us at 706-860-5769 or e-mail bill@courtmartial.com

William E. Cassara- Military Law Attorney

Recent Accomplishments

CAAF

CAAF Finds that Defense Attorney Was Not Ineffective for Failing to Admit False Confession at Court-Martial

By William Cassara | May 14, 2020

The Court of Appeals for the Armed Forces (CAAF) recently decided the case of US v Carter. In 2015, Private First Class Gerald Carter was stationed at Fort Drum, New York but was temporarily assigned to Fort Polk, Louisiana. Both before and during the time that PFC Carter was in […]

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Supreme Court Decision Decides that Federal and State Jury Verdicts Must Be Unanimous

By William Cassara | April 30, 2020

Last week, the United States Supreme Court decided the case of Louisiana v. Ramos. Louisiana is one of two states (the other being Oregon) that do not require unanimous verdicts in criminal jury trials. In 2016, Evangelisto Ramos was found guilty of second degree murder by a jury that voted […]

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Court of Appeals

ARMY TJAG REVERSES CONVICTION

By William Cassara | April 15, 2020

We are thrilled to report that The Judge Advocate General (TJAG) of the Army reversed the conviction of a client of ours after a long wait based on our UCMJ Article 69 appeal. Our client, a senior NCO and a Special Forces recruiter was acquitted of larceny of military property. […]

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