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Court-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.
The differences between the
court-martial system and the civilian court systems are
substantial. For example, in a court-martial, the "jurors"
are other service members, who are specifically picked by
the base commander to sit on courts-martial. In addition,
the Article 32 (b) investigation, which occurs prior to a
court-martial, has no real counterpart in the civilian
world. Therefore, if you are pending court-martial it is
important for you to have an attorney who is familiar with
these differences.
Mr. Cassara has represented
service members in a number of high profile and diverse
cases. He has handled everything from special court-martials
to murder cases at general court-martials. He has traveled
from Fort Bragg, North Carolina to Camp Pendleton,
California. Since his practice is limited to Military Law,
Mr. Cassara keeps well informed of current trends and
changes in military law.
Mr. Cassara's practice is
limited to military law, and he concentrates on courts-martials
and related matters. In addition to having worked as a
military prosecutor, and having defended numerous service
members at court-martial, Mr. Cassara is an adjunct
professor at the University of South Carolina law school,
where he teaches, among other courses, a course in Military
Law. Mr. Cassara has also taught Military Law at the
University of Baltimore Law School. He is also frequently
asked to speak to junior military lawyers, and to provide
instruction on the court-martial process. |
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Frequent Questions
What are the different types
of courts-martial?
There are three types of
courts-martial - summary court-martial, special court-martial, and general
court-martial.
What is a Summary Court
Martial?
Trial by summary court-martial provides a
simplified procedure for the resolution of charges involving minor
incidents of misconduct. The summary court-martial consists of one
officer who is not required to be an attorney or judge. It is
frequently a line officer from within the command. The maximum
punishment a summary court-martial may impose is considerably less
than a special or general court-martial. The accused must consent to
be tried by a summary court-martial, and the service member can
request trial by a “regular” court-martial. Of particular importance
is the fact that conviction by Summary Court-Martial does not count as
a “conviction” in the civilian world.
What is a Special Court
Martial?
A special court-martial is the
intermediate court level. It consists of a military judge, trial
counsel (prosecutor), defense counsel, and a minimum of three officers
sitting as a panel of court members or jury. An enlisted accused may
request a court composed of at least one-third enlisted personnel. An
accused, officer or enlisted, may also request trial by judge alone.
Regardless of the offenses involved, a special court-martial sentence
is limited to no more than one year confinement, forfeiture of
two-third’s basic pay per month for one year, a bad-conduct discharge
(for enlisted personnel), and certain lesser punishments. An officer
accused in a special court-martial cannot be dismissed from the
service or confined.
What is a General Court
Martial?
A general court-martial is the most
serious level of military courts. It consists of a military judge,
trial counsel, defense counsel, and at least five court members. In
capitol cases, there must be at least twelve members on the court.
Again, an enlisted accused may request a court composed of at least
one-third enlisted personnel. Unless the case is one in which the
death sentence could be adjudged, an officer or enlisted accused may
also request trial by judge alone.
Read
More . . .
What are the differences
between courts-martial and civilian trials?
The differences are numerous. As
noted, the military requires an Article 32 investigation, in which the
accused is present, and his or her counsel may ask questions of the
witnesses. In addition, at a court-martial, the verdict does not have to be
unanimous (except in order to impose the death penalty) and the “convening
authority” (usually the base commander) selects the panel members. There is
no random jury selection.
Read
More . . .
What should I do if I am
facing a court-martial?
Contact your base defense counsel. In the Army, it is the
Trial Defense Service. In the Air Force, it is the Area
Defense Counsel. In the Navy it is the Legal Services
Office. 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.
You should consider whether you want to retain civilian
counsel to represent you. Every case is different, and some
lawyers are more experienced at certain types of cases than
others. Military defense counsels tend to carry heavier case
loads than civilians, and it may be in your best interest to
consult with civilian defense counsel.
To discuss the specifics of your case, contact Mr. Cassara
for a free and confidential consultation.
Read
More . . . |
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Recent
Courts-Martial
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Obtained six months
of clemency before Convening Authority for Airman convicted of rape
and sentenced to two years confinement.
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Secured sentence of
no loss of rank and no discharge for Air Force E-7 at a general
court-martial. Senior NCO was originally charged with
black-marketing over $13,000 worth of goods. Mr. Cassara was
successful in getting the charges reduced to a single specification
of Negligent Dereliction of Duty. The only punishment the airman
received was a forfeiture of pay, a reprimand and hard labor without
no confinement. He was not discharged, did not lose any rank, and
did not go to confinement. The decision allows him to remain in the
Air Force or, in the worst case scenario, retire at his current pay
grade.
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Obtained sentence
of no confinement and no discharge for soldier who was accused of
shooting himself while in Iraq and with being AWOL for two years.
Due to Mr. Cassara’s successful negotiations and advocacy, soldier
was allowed to ETS with an honorable discharge without serving any
confinement or losing any rank.
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Mr. Cassara
obtained dismissal of all charges after Article 32 investigation for
Army Chaplain (0-3) accused of refusing to deploy to Iraq, false
official statement, and related offenses. Command sought a General
Court-Martial. At the conclusion of the Article 32 hearing, the
Investigating Officer stated “If this were a fight, I would have
stopped it.” The Investigating Officer recommended dismissal of all
charges, and the Convening Authority agreed.
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Mr. Cassara
obtained a full acquittal in contested court-martial for rape.
Despite the fact that the service member had given a detailed
confession to C.I.D., Mr. Cassara successfully argued that the
government had not met its burden of proof, and the soldier was
found not guilty after a three day trial. REMINDER: If you are
questioned about a criminal offense, you should speak to a lawyer
before answering any questions. Mr. Cassara provides free
consultations for service members suspected of crimes.
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Obtained dismissal of all court-martial charges for NCO charged
with nearly $20,000 in travel allowance fraud. Decision allows
soldier to keep his rank, and retire from the military.
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Obtained dismissal
of all charges for Navy Master Chief charged with fraternization.
Dismissal allows senior NCO to retire with full benefits at his
current rate.
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Obtained acquittal on
premeditated murder charge for NCO charged with murder of four
Iraqis. Soldier pled guilty to felony murder but was acquitted of
the more serious charge of premeditated murder. Soldier avoided the
death penalty, and will be eligible for parole in ten years.
(See Media page for
more information.
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Obtained dismissal of all charges for drill sergeant accused of
sexual assault upon trainee. Charges were already referred to trial
when Mr. Cassara succeeded in getting the case dismissed.
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Obtained full acquittal of an Army PFC
accused of abusing
prisoners at a U.S. military prison in Afghanistan. The soldier
faced 20 years confinement upon charges of
dereliction of duty, maltreatment, assault, wrongful use of hashish
and indecent acts, including allegations of physical violence and
threats of rape. (See Media page for
more information.
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Obtained sentence of no confinement for soldier convicted of child
abuse. Soldier originally found guilty of three charges at
court-martial. After retaining Mr. Cassara for his appeal, Mr. Cassara
succeeded in getting two of the charges thrown out. At sentence
re-hearing, soldier sentenced to no confinement and no discharge.
Sentence allows soldier to obtain back pay, and remain on active duty.
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Obtained retirement for NCO charged at court-martial with sexual
harassment and indecent assault. E-7 charged with serious allegations
of fraternization and indecent assault. Mr. Cassara was able to
convince the command to refer the case to a summary court-martial,
where the soldier was allowed to retire and did not receive any
confinement.
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Obtained retirement at full rank for E-7 originally charged at
court-martial with bribery, dereliction of duty, and disobeying a
lawful order. Mr. Cassara convinced the government to dismiss the
bribery and larceny charges. Soldier received only a monetary penalty,
and no loss of rank or confinement.
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Obtained extremely favorable sentence for soldier charged at
court-martial with attempted murder. Soldier found not guilty of
attempted murder, but guilty of assault and sentenced to only six
months confinement. Soldier was facing life in prison without the
possibility of parole.
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Successfully negotiated dismissal of court-martial charges for NCO
charged with BAH fraud. Government alleged that the NCO defrauded the
government out of a large sum of money. After a thorough
investigation, Mr. Cassara was able to demonstrate that the money was
rightfully paid, and the charges were dismissed.
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Obtained dismissal of all court-martial charges for Army warrant
officer charged with pre-meditated murder in death of Iraqi detainee.
Mr. Cassara succeeded in getting the government to dismiss all charges
prior to trial and refer the case to an Article 15. At the Article 15
hearing, the soldier received only a monetary penalty, and the Article
15 was filed in his restricted fiche, allowing him to get promoted and
remain on active duty. As such, the warrant officer will retire at a
higher pay grade.
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Secured retirement at full rank for NCO who pled guilty to
fraternization with trainees before a court-martial. Government agreed
to a disposition that allowed the NCO to keep all of his retirement.
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Obtained favorable result for soldier who twice refused to deploy
to Iraq in a court-martial. After twice deserting his unit and
claiming he was a conscientious objector, soldier was sentenced to
only six months confinement, the majority of which had already been
served.
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Secured retirement for USAF NCO who pled guilty to stealing
$15,000 in
government property in a court-martial. Government sought a sentence
of four years confinement a bad-conduct discharge. Airman received a
two grade reduction and one year confinement, and was allowed to
retire.
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Obtained full acquittal for soldier charged with rape in Iraq in a
court-martial. Soldier was accused of sneaking into the tent of a
co-worker and raping her. Panel acquitted soldier of rape. He was
facing life in prison without the possibility of parole.
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Secured dismissal of all charges for Army Chaplain facing a
court-martial with charges with malingering and AWOL. Prosecutors
contended the chaplain feigned injury to avoid deployment. After the
Article 32 hearing officer recommended dismissal of all charges, the
charges were withdrawn, and the chaplain remained on active duty.
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Obtained acquittal in a court-martial of all charges of NCO
charged with shoplifting from PX in Germany. While the government had
a video tape that allegedly showed the client removing large amounts
of store merchandise, Mr. Cassara obtained an acquittal.
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Obtained acquittal for NCO charged with sexual assault of
subordinate in a court-martial. E-7 was accused of serious sexual
misconduct with subordinates, including sexual assault. Soldier was
found not guilty of all charges, and has since been promoted to
warrant officer.
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Represented service member in contested court-martial for murder,
obtaining favorable result. Soldier facing murder charge and life in
prison convicted of assault and sentenced to six months confinement.
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Obtained full acquittal for Army E-6 charged in a court-martial
with numerous serious allegations of child sexual abuse. Drill
sergeant acquitted of all charges and allowed to remain in the
service.
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Obtained full acquittal in a court-martial for Army E-7 recruiter
charged with sexually assaulting several recruits. Five recruits
alleged their recruiter sexually assaulted them. Soldier acquitted of
all charges.
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Obtained full acquittal in a court-martial for Army E-7 charged
with housing allowance fraud. Government alleged soldier collected BAH
to which he was not entitled. Military judge acquitted him of all
charges.
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Obtained acquittal on most serious charges for soldier charged
with attempted murder in a court-martial.
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Obtained full acquittal for officer charged with larceny of
government funds at a court-martial.
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Obtained extremely favorable result in a court-martial for an NCO
charged with assaulting one of his troops.
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Obtained acquittal in a court-martial for female NCO charged with
sexual offenses. Soldier alleged to have engaged in consensual sex
with a fellow soldier, after claiming she was assaulted. Acquitted of
all charges.
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Obtained acquittal for E-7 drill sergeant charged with sexually
assaulting trainees in a court-martial.
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Obtained extremely favorable result in a court-martial for an E-6
charged with spousal abuse.
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Obtained full acquittal for Air Force E-3 charged with aggravated
assault in a court-martial. Airman charged with violent assault on
fellow airman. Military Judge acquitted him of all charges.
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Represented Army E-8 in a court-martial charged with IMPAC credit
card fraud allowing NCO to keep his retirement.
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