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Welcome!
For all its benefits, service for the armed
forces, whether as a service member, a family member, a
civilian employee or contractor, can also cause undeserved
punishment. William Cassara, a decorated former Army judge
advocate, knows how the system works and has a proven track
record of protecting his clients from the military justice
system and military administrative actions. For over 20
years his focus has been on protecting his clients in a
variety of forums, including:
- Court-martial appeals
- Courts-martial
- Discharge upgrades
- Record corrections
- Claims against the
Military
- Article 15s and
Captain's Mast
- Investigations
- Clemency and Parole
boards
- Physical Evaluation
Boards
- Flight boards
- Discharge boards
- Security Clearance
Revocations
Mr. Cassara understands the dedication you have made and
risk you have taken to help protect this country. He also
knows, as a former insider, that the decisions made by
military authorities don't always take into the account your
sacrifices.
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Court-Martial
Appeals
If a service member has been
convicted at courts-martial, his case can be appealed. In
many cases, the appeal is automatic. Spotting errors which
occurred at the trial level is crucial to a successful
appeal. Mr. Cassara has successfully represented a number of
inmates on appeal. He has experience before all service
courts of appeal, the Court of Appeals for the Armed Forces,
and the United States Supreme Court.
Read
More . . .
Courts-Martial
Defense
Courts-martial are a unique
court system, established to prosecute criminal cases
involving service members. Many people are unaware of the
drastic differences between civilian and military courts.
Unless an attorney is familiar with the military court
system, they may not be aware of all of these differences.
Mr. Cassara has successfully defended accused service
members in military courts of all services. He has
represented service members across the country and in
Europe, achieving favorable results in a number of
complicated cases. Mr. Cassara spent five years in the
United States Army as a prosecutor and defense counsel and,
since 1993, has been in private practice representing
service members in military courts.
Read
More . . .
Correction of Military Records and
Discharge Upgrades
Once a service member has
received some form of adverse action, it is still possible
to have their records corrected, and to have the negative
information removed from their file. This is true whether
the service member is still on active duty, retired, or has
simply gotten out of the military. These remedies range from
the Boards for Correction of Military Records to the
Discharge Review Boards to boards which can increase your
rank (if you were reduced on active duty.) Most lawyers are
completely unaware of these proceedings, and have never
appeared before any of these boards.
Read
More . . .
Claims Against the Military
If you have been injured as a
result of the negligence of a military member, you may be
entitled to compensation. Whether it is through the
negligence of medical personnel, a car accident, or
something else, there are procedures set up which may
entitle you to compensation. These procedures are unique to
the military, and most attorneys are unfamiliar with them.
Mr. Cassara has represented members of all services in
claims against the military. In addition, Mr. Cassara has
taught classes about litigation with the federal government.
If you or a family member has been injured as a result of
the negligence of military personnel, call Mr. Cassara to
find out your rights.
Read
More . . .
Administrative Boards
Service members can be
discharged from the military for a variety of reasons, from
weight problems to alleged misconduct. If you are pending
administrative discharge, you need an attorney who knows the
military system, and who can fight to defend your rights.
Mr. Cassara has appeared before numerous administrative
boards, for both officer and enlisted members, and knows how
the administrative board system works. Don't wait until you
are discharged to try to do something about it. The time to
fight is now.
Read
More . . .
Investigations & Article 15s
Frequently, the need to go to
trial can be avoided through aggressive representation at
the pre-trial stage. Mr. Cassara has represented numerous
service members who were pending trial, and succeeded in
frequently having the charges either dismissed or disposed
of at a lower level. The fact one has had charges brought
against them does not mean a court-martial must occur. If
you are pending charges, or charges have been brought
against you, it may be in your best interests to contact an
attorney now, instead of waiting until the situation gets
worse.
Read
More . .
Clemency & Parole
If a service member is
incarcerated as a result of a court-martial conviction, he
or she may be eligible for clemency and/or parole. All of
the military services have Clemency and Parole Boards to
determine if a service member should be released early from
confinement. Mr. Cassara has represented service members
before all of the Clemency and Parole Boards and the Federal
Parole.
CLICK HERE for more
information.
Read
More . . .
Physical Evaluation Boards
If you have been injured while
on active duty, you may find yourself facing a Physical
Evaluation Board PEB.) These boards are used to determine if
a service member should be retained on active duty or, if
discharged, what percentage of disability they should
receive. Each service has its own Physical Evaluation Board,
and the rules for each can be complex. You have probably
read about the number of service members appealing
disability ratings, and the belief that they are not getting
the benefits to which they are entitled. Mr. Cassara has
represented service members before Physical Evaluation
Boards of all the services. If you are pending a medical
discharge, and are going before a PEB, you may want to
consult an attorney about representing you.
Read
More . . . |
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In the News
Mr. Cassara is frequently
called upon to represent service members in high profile
cases. Here are a few of the media reports which have quoted
Mr. Cassara.
- Atlanta, Georgia - A 30
year veteran lab analyst at the U. S. Army Criminal
Investigation Laboratory near Atlanta is believed to
have falsified vidence and botched crucial labs tests,
affecting hundred of criminal cases involving military
personnel.
Read the full story.
- Fort Eustis, Virginia -
Mr. Cassara discusses the horror stories Reservists and
National Guardsman face accused of fraud in the
military's scrutiny on TCS pay.
Read the entire article.
- Evans, Georgia - Evans
attorney appears in Oscar-nominated movie.
View a
clip of the movie here.
- Bill Cassara outwits
the CID - wins acquittal for GI after catching agent in
a flat-out lie – soldier could have gone to Leavenworth
on rape charge - interrogate him nine hours demanding
"confession"
- Fort Campbell, Kentucky
(Army Times, January 18, 2007) -- 2nd guilty plea
expected in Iraq rape case. Soldier will no longer face
the death penalty.
- Fort Campbell, Kentucky
(Desert Dispatch, July 27, 2006) -- Cortez to face
military hearing in Iraq. "I have dealt with several
cases involving incidents that have occurred in Iraq,"
Cassara said Tuesday. "I have taken this on because I
believe the military and the media have created a bit of
a frenzy ... The government is looking to execute this
kid, and I am looking to make sure he gets a fair
trial."
- Fort Bliss, Texas (MSNBC.com,
June 1, 2006) -- Army private cleared of Afghan abuse
charges - Court-martial panel acquits Corsetti of
mistreating prisoners in Afghanistan.
- Fort Stewart, Georgia
-- Army mechanic sentenced to 15 months in prison for
avoiding Iraq deployment.
- Parris Island, South
Carolina (February 23, 2006) -- A Parris Island swim
instructor charged in the death of a Marine recruit was
found not guilty Wednesday night.
- Fort Carson, Colorado
(The Gazette, January 12, 2006) -- Army drops murder
charge against soldier, Officer will testify at fellow
Carson GI’s court-martial.
Read
More News . . .
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Recent Cases
Courts-martial Appeals:
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Obtained reversal of most
serious charge and disapproval of sentence for sailor
convicted at court-martial of serious drug charges and
sentenced to confinement, loss of pay and loss of rank.
As a result the sailor is eligible for reenlistment and
will obtain back pay and entitlements that were taken
from him.
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Obtained reversal of all
charges for Army Specialist convicted of child
molestation and sentenced to 25 years confinement.
Decision allows the soldier to leave Fort Leavenworth
(where he had served three and a half year’s
confinement) and to be reinstated on active duty.
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Obtained
set aside of conviction of child sexual abuse for USAF
E-7. Mr. Cassara succeeded in getting that decision set
aside. Decision allows service member to again appeal
his conviction and to seek a new trial.
More
. . .
Courts-martial:
- Mr. Cassara represented
an Army Staff Sergeant charged with larceny of
government property. Through the tireless efforts of Mr.
Cassara and the Trial Defense Service attorney, the
defense was able to cast sufficient doubt on the charges
to have the convening authority dismiss all charges the
day before trial was to begin. This will allow the
soldier to not even stand trial, and resume his career.
- Mr. Cassara represented
an Army Major who was charged with larceny of government
funds through illegal receipt of Basic Allowance for
Housing (BAH.) After a sentencing case that included
more than 10 witnesses the Military Judge did not
dismiss the officer, in spite of the prosecution’s
request that he do so. This will allow the Major to
retire from the military.
- Mr. Cassara represented
a Navy ensign accused of multiple acts of sexual
harassment and conduct unbecoming an officer. The
Article 32 (b) hearing officer recommended dismissal and
the charges were later withdrawn. The member then went
to Non Judicial Punishment ((NJP) where he was found not
guilty of the majority of the charges against him.
NOTE: If you are suspected of a crime contact
Mr. Cassara before speaking to your command or the CID.
More
. . .
Correction of Military Records:
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Mr. Cassara
represented a former soldier who had previously been
court-martialed and sentenced to confinement. The
soldier’s conviction was reversed by the Army Court of
Criminal Appeals. However, the Army and CID continued to
maintain derogatory information on the soldier in their
database. The soldier unsuccessfully sought to have this
information removed. After the soldier retained Mr.
Cassara, he petitioned the Army Board for correction of
Military Records to have the negative information
removed. Result: All negative information was removed
from the former soldier’s CID and Army personnel file,
allowing the former soldier to obtain a security
clearance and work on government contracts.
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Secured
advancement on retired list for Army officer. The
officer, who served over 20 years combined active and
reserve time, was retired as an 0-4 in spite of having
been selected for 0-5. After being turned down by the
Army Board for Correction of Military Records, the
officer hired Mr. Cassara who requested reconsideration
and convinced the ABCMR to reverse their decision and
advance the officer to the rank of 0-5 in the USAR
retired ranks.
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Obtained
removal of adverse EPR and Reprimand and restoration of
rank for Air Force NCO. NCO received an adverse EPR
which caused her to be removed from the promotion list.
Mr. Cassara filed a petition with the Air Force Board
for Correction of Military Records which agreed that the
EPR was erroneous and that the airman should be
retroactively promoted.
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NCO with 19
years active duty was discharged for drug use. Mr.
Cassara petitioned the BCMR who reversed the findings,
and ordered her reinstated to active duty, allowing her
to keep her retirement.
More
. . .
Discharge Upgrades:
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Mr. Cassara
represented a sailor who was discharged with an Other
than Honorable Discharge for Misconduct. The Navy
discharged him for alleged spousal abuse. Mr. Cassara
successfully convinced the Navy Discharge Review Board
that the allegations against his client were false, and
that he should not have been discharged. As a result,
the sailor’s discharge was upgraded to fully Honorable,
his Narrative Reason for Separation was changed to
Secretarial Authority and his Separation Code was
upgraded. This decision allows the sailor to have the
OTH removed from his records, to regain VA benefits and
to potentially reenlist.
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Mr. Cassara
represented a former Air Force NCO who was separated in
lieu of court-martial with an Other Than Honorable
Discharge and with an RE Code of 2C. Mr. Cassara
appeared before the Board in DC and succeeded in getting
the Airman’s discharge fully upgraded to Honorable and
succeeded in getting his RE Code change to 1. This
decision allows the Airman to re-enter the military and
have his record corrected to accurately reflect his
service.
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Mr. Cassara
represented a former Marine who had been court-martialed
and discharged for drug use. The marine received a Bad
Conduct Discharge. Mr. Cassara successfully petitioned
the Navy Discharge Review Board on his behalf and
secured an upgrade to a General (Under Honorable
Conditions) Discharge by showing that the former Marine
suffered from an undiagnosed mental illness at the time
of his drug use and UA. This discharge allows the client
to receive previously unavailable Veteran’s
Administration benefits.
More
. . .
Claims Against the Military:
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Recovered
significant sum of money for spouse of a veteran who was
badly burned in a V.A. hospital due to medical
negligence.
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Navy
Lieutenant Commander was discharged months short of
retirement for adultery and making a false official
statement. After being turned down by the Board for
Correction for Naval Records, Mr. Cassara filed suit in
Federal Court, which ordered that the officer be placed
on the retired rolls
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Mr. Cassara represented
several active duty members and reservists in federal
court.
More
. . .
Administrative Boards:
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Mr. Cassara represented a
Marine major with nearly 20 years in the military who
was facing administrative separation for misconduct.
After a hearing before a Board of Inquiry the major was
allowed to remain in the military and will be allowed to
retire. The decision saves the Marine’s retirement and
allows him to continue to serve.
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Mr.
Cassara represented a Marine major who facing an
Other Than Honorable Discharge for several alleged
acts of misconduct in Iraq and CONUS. After a
prolonged hearing, the Board of Inquiry determined
that the major had not committed the majority of the
alleged acts and that he should be retained in the
Marine Corps. This decision not allows the Major to
continue to serve in the Marines but saved him from
the stigma of an Other Than Honorable Discharge
which the government had sought.
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Mr. Cassara succeeded
in having an Army officer retained on the TDRL after
the Physical Evaluation Board recommended that he be
removed and discharged from the Army with a 10%
disability. Before the Board actually convened Mr.
Cassara was able to convince the PEB to reverse
their decision. Ruling allows officer to remain on
the TDRL pending permanent medical retirement.
More
. . .
Investigations & Article
15s:
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An NCO faced Court-Martial
charges for submitting a false lease claiming he was
leasing a home he really owned. Mr. Cassara was able to
have the charges dropped and the soldier received a
local letter of reprimand for filing the false lease. He
will be allowed to continue to serve on active duty.
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An NCO at
Fort Jackson, SC faced the potential of rape charges
after the Article 32 (b) hearing the Investigating
Officer recommended a charge of rape. Mr. Cassara
convinced the command and prosecutors not to bring
rape charges but to allow the NCO to plead guilty to
those charges he initially admitted to, illegal
association. Decision allows the NCO to avoid a rape
prosecution and potential sexual offender
registration.
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Obtained
reinstatement of security clearance for civilian
employee of the Army. Client’s clearance was
suspended due to a large number of debts and bad
checks. The Government argued at the hearing that
this meant the client was a security risk. The
Administrative Judge disagreed and agreed with Mr.
Cassara that the client had made a good faith effort
to have his debts repaid and that he was not a
security risk. Client is now back at work.
More
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Frequent
Questions
What should I do
if I am suspected of a crime?
Do not speak to anyone except an attorney. Immediately go to
your base legal office, and speak to a defense attorney. You may
also want to contact a civilian attorney with experience in
courts-martial. Mr. Cassara has represented service members at
court-martial before all the services. Contact him for a free
and confidential consultation at 888-288-3347.
What should I do if I am
facing a courts-martial?
Contact your base defense counsel. Do not speak
to anyone except your attorney about the substance of your case. In
particular, do not speak to co-workers, military investigators or your chain
of command about the charges of which you are suspected.
Mr. Cassara
has extensive experience in defending service members facing courts-martial.
(See
Recent Cases)
You may call Mr. Cassara for a free consultation at 888-288-3347
(Toll free).
More
. . .
What should
I do if I or a loved one has been convicted at
courts-martial?
You will be contacted by an attorney from the
Defense Appellate Division for your service. If you are in
confinement, the counselors can advise you as to how to
contact that attorney.
Mr. Cassara has extensive
experience and success in appealing courts-martial
convictions.
(See Recent Cases)
You may call Mr. Cassara
for a free consultation at 888-288-3347 (Toll free).
More
. . .
How long do I have to apply
for a correction of my military (or Naval) record?
Generally speaking, the application must be
brought within three years of after the error is discovered. However, the
board may excuse this filing period for “good cause.” Generally, the boards
for correction of military (or Naval) records are fairly liberal in allowing
people to file after the three year deadline.
Mr. Cassara has extensive
experience and success in correcting the service records of service me
members.
(See Recent Cases)
You may call Mr. Cassara
for a free consultation at 888-288-3347.
More
. . .
How long
after I am discharged can I apply for an upgrade? You
have 15 years from the date of your discharge to apply for
an upgrade of that discharge. You can apply once in writing,
and once for what is called a “personal appearance.” You
should contact an attorney with experience in military
discharge upgrades to discuss your case.
Mr.
Cassara has extensive experience and success in obtaining
discharge upgrades for service members.
(See
Recent Cases)
Call Mr. Cassara for a free consultation at 888-288-3347.
More
. . .
What should
I do if my loved one is pending a clemency or parole
hearing?
You should speak to an attorney who is experienced in this
area. All of the military services have clemency and parole
boards, and the rules are different for each of them. In
addition, if your loved one has been transferred to the
Federal Prison system, there are other matters to consider.
Mr. Cassara has represented service members before all of
the clemency and parole boards, and provides free
consultations. Call 888-288-3347. More
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