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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.
- 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:
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Mr. Cassara represented a Master Sergeant who was charged with stealing over $50,000 in BAH funds and $50,000 in per diem and facing 30 years confinement and a dishonorable discharge. At trial, the soldier was acquitted of the majority of charges against him and received only a reprimand. As a result the soldier will be allowed to retire at his current grade or continue to serve, should he so desire. This is one of the many cases Mr. Cassara has handled involving reservists mobilized in defense of their country who are being charged with larceny of government funds because of their receipt of housing allowances. If you are facing similar charges contact Mr. Cassara immediately.
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Mr. Cassara represented a soldier charged with involuntary manslaughter in the death of another soldier. Mr. Cassara succeeded in getting the charges withdrawn from a General Court-Martial and referred to a Summary Court-Martial where Mr. Cassara obtained a sentence of forfeiture of pay and restriction to post but did not lose any rank.
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Mr. Cassara obtained extremely favorable result for Army Master Sergeant with 18 years of service accused of larceny, fraternization and making a false official statement. After charges were referred to trial Mr. Cassara succeeded in negotiating a plea agreement with the government in which the majority of the charges were dismissed. The soldier was sentenced to a two grade reduction, allowing him to retire. Soldier will serve no confinement.
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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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.
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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.
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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:
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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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