 |
 |
 |
|
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.
|
|
 |
|
|
|
|
|
|
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 . . . |
|
|
|
|
|
|
|
|
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.
- 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 . . .
|
|
|
|
|
|
|
|
|
|
Recent Cases
Courts-martial Appeals:
-
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.
-
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.
-
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.
-
Mr. Cassara secured
reversal of court-martial conviction for Air Force Staff
Sergeant convicted of rape. Decision allows the airman
to return to active duty and to have his name removed
from the sex offender registry.
More . . .
Courts-martial:
-
Mr. Cassara represented a
Marine officer who was suspected of giving an order to
murder Iraqi detainees. After Mr. Cassara became
involved he was able to negotiate a resolution that
included no charges brought against his client in either
Federal Court or a court-martial. As a result of Mr.
Cassara’s efforts the Marine officer will be promoted
and allowed to continue his career.
-
Mr. Cassara represented an
Army NCO who was suspected of taking part in the murder
of three Iraqi detainees. After Mr. Cassara became
involved he was able to resolve the case in a manner
that involved no charges being brought against his
client. Decision allows this reserve NCO to REFRAD and
return to his civilian life.
-
An Army
officer was suspected of conspiring with another officer
to defraud the government of BAH funds. After retaining
Mr. Cassara, and after Mr. Cassara investigated the
matter, no charges were brought against the officer. The
matter is now closed and the officer will continue with
his career.
NOTE: If you are suspected of a crime contact Mr.
Cassara before speaking to your command or the CID.
More . . .
Correction of Military
Records:
-
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.
-
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.
-
Mr. Cassara
secured successful appeals of two negative OER’s for
Army officer. Decision allows the officer to be promoted
prior to retirement or to continue to serve in the next
highest grade.
More . . .
Discharge Upgrades:
-
Army Staff
Sergeant discharged in 1997 with an Other Than Honorable
Discharge after being convicted of sexual assault on a
minor. Mr. Cassara successfully argued that the original
conviction was not supported by the evidence and that
the soldier’s discharge should be upgraded.
-
Obtained
upgrade from Other than Honorable Discharge to General
(Under Honorable Conditions) Discharge for former
Marine discharged for serious misconduct. Mr.
Cassara petitioned the Navy Discharge Review Board on
the client’s behalf. Based solely on the written
submission, and without appearing before the Board, Mr.
Cassara was successful in getting the Marines discharge
upgraded.
-
Obtained an
upgrade from an Other Than Honorable Discharge to a
General (Under Honorable Conditions) discharge for a
former sailor who was discharged in lieu of
court-martial for discharging his weapon in war zone.
More . . .
Claims Against the Military:
-
Recovered
significant sum of money for spouse of a veteran who was
badly burned in a V.A. hospital due to medical
negligence.
-
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
-
Mr. Cassara represented
several active duty members and reservists in federal
court.
More . . .
Administrative Boards:
-
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.
-
Obtained retention on
Temporary Disabled Retired List (TDRL) for soldier
suffering from Post-Traumatic Stress Disorder. Decision
allows soldier to keep monthly retirement and all
military benefits.
-
Mr. Cassara secured
retention at administrative board for Army Warrant
Officer accused of fraternization. The administrative
board retained the warrant officer.
More . . .
Investigations & Article
15s:
-
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
-
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.
-
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 . . .
|
|
|
|
|
| |
|
|
|
|
|
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 . . .
|
|
|
|
|
|
|
