Law Office of James Budreau — Criminal Law. Federal Trials and Appeals. Complex Civil Litigation.

Resources

Practical Tips for Prospective and Current Clients:

While you should always consult with a lawyer before making important legal decisions, the following resources may assist you in preparing for such consultations. Most of these are free and give you access to many of the newest court decisions and rules applicable to both criminal and civil cases.

Industry Insights on the Impact of Recent Legal Rulings on Cases:

There has been a seismic shift in the federal criminal justice system over the last few years away from a prosecutorial driven process and back toward a system that allows the judiciary to play a more discretionary role in sentencing. The decisions in Booker, Kimbrough and Gall have made the sentencing process more humane and far less mathematical given the reduced role of the guidelines. Consequently, the role of the lawyers has shifted from a technically efficient advocate to one who is both technically proficient and is persuasive and skilled in the court room.

There are number of recent U.S. Supreme Court rulings that have effected our clients in real ways. In Crawford v. Washington, and then Melendez-Diaz v. Massachusetts, the Supreme Court ruled that defendants have a constitutional right to confront testimonial evidence in the Courtroom. This has grown from precluding taped statements of witnesses who were unavailable to stopping prosecutors from introducing results of autopsy reports or drug certificates through third party or substitute experts. Creative and cutting edge applications of Crawford and this area of Sixth Amendment jurisprudence are being designed and implemented almost on a daily basis in cases throughout Massachusetts and the country.

Other areas of the constitutional law have been effected in less dramatic ways but equally important. In United States v. Flores-Montano, the Supreme Court increased law enforcement powers at the border by finding that reasonable suspicion was not needed to search vehicles or their parts. In United States v. Seljan, the Ninth Circuit extended that ruling to searches of people. In Montejo v. Louisiana, the Supreme Court recently found that a defendant’s right to counsel is not invoked by simply standing mute after being appointed counsel but must be actively asserted when faced with questioning.

All these legal developments are crucial to every client’s defense regardless of the forum. While the Booker, Gall and Kimbrough cases are almost exclusively relevant to federal cases, the rulings in Crawford, Melendez-Diaz, Montejo and Flores-Montano are equally important in state court settings. Obviously, there are a vast number of other critical legal issues facing every client we represent. We are, however, dedicated to not only anticipating the changes in the legal landscape but also actively taking part in that change or advancement.

The legal cites for the above referenced cases are as follows:

Melendez-Diaz, 129 SCt 2527 (2009)
Crawford v. Washington, 124 SCt 1354 (2004)
Kimbrough v. United States, 128 S.Ct 558 (2007)
Gall v. United States, 128 S.Ct. 586 (2007)
United States v. Booker, 125 SCt 738 (2005)
United States v. Flores-Montano, 124 SCt 1582 (2004)
Montejo v. Louisiana, 129 SCt 2079 (2009)
United States v. Seljan, 547 F.3d 993 (9th Cir 2008)

Disclaimer: The information contained in this website does not constitute legal advice nor should it be relied upon in making any legal decisions. You should always consult with a lawyer directly to determine what your legal rights are. This web site and its content is not a substitute for direct legal advice from a lawyer.

James Budreau is a Boston MA Criminal Lawyer law firm. Our main offerings include: Criminal Defense Attorneys, Employment Lawyers and Divorce Attorneys for your legal needs.


We serve the following States, Cities, Zip Codes and Counties:
Massachusetts, Boston 02116, Cambridge 02238, Brookline 02445, Chestnut Hill 02467, Newton 02458, Dedham 02026, Wobum 01801, Salem 01970, Somerville 02143, Suffolk County, Middlesex County, Essex County, Norfolk County, Vermont, Burlington 05401

  • DNA AND MEDICAL EVIDENCE
    Litigated over a dozen cases involving DNA evidence, routinely hire, cross-examine and challenge medical and psychiatric forensic experts. Use experts to attack adversaries’ weaknesses or present a defense for clients accused of financial crimes, narcotic violations, homicide and other major felonies and misdemeanors.
  • TECHNOLOGY
    Extensive experience challenging experts in cases involving computer, cell phone, weather, narcotics, medical, fingerprint, voice analysis and other science based technology. Challenged evidence in cases involving fingerprints, gun powder residue analysis, ballistics evidence and drug analysis and weighing techniques.
  • FINANCIAL CASES
    Experience with cases and forensic experts investigating accounting practices, tax loss, bank regulatory violations, securities violations and other financial transactions.