Experienced Lawyers Practicing Military Law

Military law is the term used to designate the body of case law, statutes, and regulations governing military personnel. Three of our four lawyers are experienced, certified judge advocates (military lawyers) authorized to practice in all military jurisdictions worldwide. All served as prosecutors while on active duty and are thoroughly familiar with the military justice and administrative systems.  Our firm handles military cases at the trial level, on appeal, and in administrative matters.

Trials

We represent clients at all phases of the military justice system. We have experience representing clients at general courts-martial (felony courts), special courts-martial (misdemeanor courts), and summary courts-martial (a unique military court), as well as pretrial investigations under Article 32, Uniform Code of Military Justice (UCMJ).

Servicemembers being tried by court-martial are entitled to an assigned military counsel provided without charge by the service (called “detailed counsel”).  However, they also are entitled to hire civilian counsel at their own expense.  Our lawyers are experienced in representing servicemembers from the very beginning of their cases.  We conduct a thorough investigation of the facts and the applicable law, which helps us negotiate with the command to prevent charges, or get charges dismissed or reduced.  If the case proceeds to trial, we are prepared to take on the Government at every turn.  We represent enlisted and officer members of all services at courts-martial around the globe.

Appeals

If there is a conviction and the convening authority approves a sentence that includes a punitive discharge (bad conduct discharge or dishonorable discharge) or one year or more of confinement, servicemembers get an appeal as a matter of right.  Their case files are sent to the appropriate service court of criminal appeals:  the Air Force Court of Criminal Appeals (AFCCA), Army Court of Criminal Appeals (ACCA), Coast Guard Court of Criminal Appeals (CGCCA), or Navy-Marine Corps Court of Criminal Appeals (NMCCA).  After the service court decides the case, the losing party may petition the highest military court, the Court of Appeals for the Armed Forces (CAAF) (formerly the Court of Military Appeals, or COMA) for a discretionary review.

Again, servicemembers are assigned without charge a military appellate defense counsel, but are free to hire civilian counsel if they so choose.  Our lawyers have extensive experience researching and preparing the written briefs submitted to the Courts, as well as orally arguing the case in Washington, D.C.

Administrative Matters

We are experienced in representing servicemembers in administrative matters as well, including administrative and medical separation processing, promotion and non-selection for promotion issues, officer misconduct, discharge upgrades, security clearance matters, and fitness report/performance evaluation appeals.  We also submit application packages for the correction of military records to the various service boards such as the Air Force Board for Correction of Military Records (AFBCMR), Army Board for Correction of Military Records (ABCMR), Board for Correction of Naval Records (BCNR), and each service’s Discharge Review Board (DRB). We do not, however, handle matters pertaining to the Department of Veterans Affairs (VA).

Our Military Lawyers

Jack Zimmermann, Terri Zimmermann, and Kyle Sampson gained extensive experience as military counsel while on active and reserve duty, and they have been retained as civilian counsel in numerous courts-martial, appeals, and other military cases around the world.

Jack B. Zimmermann is a former prosecutor, defense counsel, and general court-martial (felony) trial judge in the United States Marine Corps. Mr. Zimmermann served for 14 years on active duty, including duty as the commanding officer of two artillery batteries in combat, where he earned two Bronze Star medals for heroism and the Purple Heart for wounds in action. He served for 16 years as an officer in the Marine Corps Reserve, including duty as the commanding officer of the infantry battalion headquartered in Houston. He retired in 1994 as a colonel, and was awarded the Meritorious Service Medal for his final assignment as a felony court-martial judge. Mr. Zimmermann served as lead counsel in the "Border Shooting Case" where two state grand juries and one federal grand jury refused to indict the active-duty Marine who returned fire, killing the man who fired on his patrol. Mr. Zimmermann was lead counsel in defense of a Marine aviator charged with twenty-seven specifications of orders violations. All charges were dismissed after the Article 32 hearing. He served as lead counsel for the Marine who was charged with negligent homicide for the death of an Iraqi prisoner, and was successful in getting all charges dismissed after a six day Article 32 hearing. Mr. Zimmermann was lead counsel in the court-martial of an Army surgeon, who was cleared of 19 specifications of distribution of controlled substances, obstruction of justice, false official statement, and orders violations. The military jury deliberated for 45 minutes. He also was lead counsel for an Army Special Forces officer, who was acquitted of rape and indecent acts.

Mr. Zimmermann was lead counsel representing LCpl Stephen Tatum, USMC, who originally was charged with the murder of Iraqi civilians during a counter-attack in response to an ambush in Haditha, Iraq. Click here for a description of the Article 32 Investigation hearing featured in the Texas Lawyer. All charges were dismissed with prejudice on the first day of trial in this case that had drawn international media attention.

Terri R. Zimmermann is a former prosecutor and chief of the Civil Law and Review sections at Marine Corps Air Station El Toro, California, for which she was awarded the Navy-Marine Corps Commendation Medal. Ms. Zimmermann is a Lieutenant Colonel in the Marine Corps Reserve, who for approximately ten years served as an appellate defense counsel in Washington, D.C. She was co-counsel with Mr. Zimmermann in the "Border Shooting Case." Ms. Zimmermann was lead counsel in the defense of an Army soldier accused of raping his ex-wife. She was successful in obtaining a dismissal at trial after a motion to suppress was granted. Ms. Zimmermann has handled many applications to the various Boards for Correction of Military Records.

Ms. Zimmermann was co-counsel with Mr. Zimmermann and Mr. Sampson representing LCpl Stephen Tatum, USMC, who originally was charged with the murder of Iraqi civilians during a counter-attack in response to an ambush in Haditha, Iraq.  Click here for a description of the Article 32 Investigation hearing featured in the Texas Lawyer. All charges were dismissed with prejudice on the first day of trial in this case that had drawn international media attention.

Kyle R. Sampson is a former prosecutor and chief of the Legal Assistance Office at the Marine Corps Recruit Depot, San Diego, California, for which he was awarded the Navy-Marine Corps Commendation Medal. He was co-counsel in the case of a Marine charged with the homicide of an Iraqi prisoner, and was successful in getting all charges dismissed after a six-day Article 32 hearing. He also served as co-counsel with Mr. Zimmermann in the investigation of a Marine Corps pilot charged with twenty-seven specifications of criminal conduct under the UCMJ. All charges were dismissed after an exhaustive Article 32 hearing. Mr. Sampson served as lead counsel in the re-trial of a rape case, where a Navy sailor was acquitted after receiving a prison sentence when represented by a different counsel at the first trial. He also was lead counsel in the trial of a Marine recruiter acquitted of disobeying a direct order, dereliction of duty, and making a false official statement. He was co-counsel in the court-martial of an Army surgeon, who was cleared of 19 specifications of distribution of controlled substances, obstruction of justice, false official statement, and orders violations. The military jury deliberated for 45 minutes. Mr. Sampson was also co-counsel in the trial of an Army Special Forces officer, who was acquitted of rape and indecent acts.

Mr. Sampson was co-counsel with Mr. Zimmermann and Ms. Zimmermann representing LCpl Stephen Tatum, USMC, who originally was charged with the murder of Iraqi civilians during a counter-attack in response to an ambush in Haditha, Iraq. Click here for a description of the Article 32 Investigation hearing featured in the Texas Lawyer. All charges were dismissed with prejudice on the first day of trial in this case that had drawn international media attention.

Below are examples of some of the UCMJ offenses we handle, but the list is not exhaustive.

• Adultery
• Assault/Aggravated assault
• Attempts
• Bad checks
• Burglary
• Computer crimes
• Conduct unbecoming
• Conspiracy
• Counterfeiting
• Cruelty and maltreatment
• Dereliction of duty
• Drunken or reckless operation of a vehicle
• Drug offenses (possession, use, manufacture, distribution, importation)
• Failure to obey order or regulation
• False official statement
• Fraternization
• Fraud
• Indecent assault or act
• Involuntary manslaughter
• Larceny/wrongful appropriation
• Murder
• Negligent homicide
• Orders violations
• Possession of illegal pornography
• Rape
• Reckless endangerment
• Sexual assault
• Sodomy
• Unauthorized absence (UA) / absent without leave (AWOL)

How to Proceed

If you are facing any military legal issue, whether in the military justice system or administrative, you need experienced, zealous advocacy on your side as soon as possible. Contact the lawyers who can help with your military law issue at the law firm of Zimmermann, Lavine, Zimmermann, & Sampson, P.C. today to schedule an initial consultation.

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