Skip to main content
Stephen David Hebert
Avvo
Pro

Stephen Hebert’s Answers

289 total


  • Louisiana Marijuana laws lessened

    with the new bill that passed what happens to people currently on probation? Arrested for 1.3 grams it will be 2 years in October a d I've already paid over 1000$ in fees.

    Stephen’s Answer

    There is no presently indication that the new law was intended to be retroactive, and, as such, the law in effect at the time of the offense will likely govern, particularly when a person has already been sentenced pursuant to the old law.

    See question 
  • How much time can I serve for intent to distribute schedule II..125,000 bond can I get it reduce to get out on bail

    Prior record for marijuana charges drop but its still on my record They charge me with conspiracy and change it to intent to distribute schedule II

    Stephen’s Answer

    Assuming that you have no prior felony convictions, the sentencing range for distribution or possession with the intent to distribute a Schedule II narcotic is 2 to 30 years at the Department of Corrections.

    See question 
  • ''I was charged with drug paraphernalia (syringe). I want to know how my past felony convictions will affect this if at all?

    I have 3 prior felony convictions. 1. vehicular negligence. 2. Simple possession (1 adderall pill) 3.simple possession (17 klonapins)

    Stephen’s Answer

    It will absolutely affect how the prosecutor handles the case and may influence the judge when imposing sentence (assuming that you are convicted).

    See question 
  • What are my options? i have a summons for possession of marijuana, MIP of alcohol, & open container in public

    these charges happened on different dates but back to back. My court date is in a month. What are my options? these are my first charges.

    Stephen’s Answer

    I agree with prior counsel. You really should contact a criminal defense attorney who regularly practices where the charges are pending. Conversations, such as these, really are far better suited to be had in an attorney's office where the communications are protected under the attorney client privilege instead of public interest forums.

    Best of luck to you!

    See question 
  • I was given a job than denied for a misdemeanor on my record how is that right. I live in Louisiana. how do I get off record

    I,m a black female just want a job this will hurt me ever time, what are some things I can do pls

    Stephen’s Answer

    You should seek a consultation with a criminal defense attorney who regularly practices in the court where the conviction occurred regarding an expungement, which will remove all records of the case from public view.

    Most, if not all, misdemeanor convictions can be expunged. It's really just a matter of when. Sometimes immediately upon the successful completion of probation. Others after 5 years from the completion of the sentence. An attorney should be able to answer this question after reviewing the record.

    Best of luck to you!

    See question 
  • After jumping bail for dui how long before the prosecution cant prosecute me for it?

    a year ago i was arrested for first offense dui. I didn't show up for court and a warrant was issued for my arrest. Im really just trying to see how long does this particular warrant hold up as far as time before it is outdated.

    Stephen’s Answer

    Prescription (i.e.- the Louisiana term for statute of limitations) does not run for an offender who has jumped bail and the warrant will remain outstanding until you are arrested for it.

    See question 
  • Is the first time Louisiana DWI removed from record after one year?

    Is the first time Louisiana DWI removed from record after one year?

    Stephen’s Answer

    Mr. Hunt has already provided you with an excellent recitation of the law. I would only further add that an expungement is not something that happens automatically. Rather, pleading must be filed, such as the Motion to Set Aside the Conviction Pursuant to Article 894 and the Motion for Expungement, for an expungement to take place. To this end, I would contact the attorney who represented in the case.

    Best of luck to you!

    See question 
  • I have a mental condition and I have a dwi pending Is it possible I ca get it dismised by pleading not guilty by reason insanity

    I have dwi pending since 2012,im going to court tomorrow,I also have a mental condition,do it possible for me to plea not guilty by reason of insanity,to get it dismissed.

    Stephen’s Answer

    Under the Louisiana Criminal Code, a finding of "not guilty by reason of insanity" does not result in a dismissal of an offense and I'm not certain that it would be practically prudent to seek such a defense. In any event, this is a discussion that you should be having with the lawyer representing you instead of other attorney who are not aware of all of the facts on a public forum.

    Best of luck to you!

    See question 
  • Can I attempt to have a 6 month old DWI guilty plea reversed

    I mis-confessed to a DWI charge saying I was driving and drinking when police came to my wrecked car that my drunk girlfriend was driving but begged me to say I was because she had warrants out on her. I pled guilty for it 6 months ago. Can I get ...

    Stephen’s Answer

    You can always try. But, it would be extremely difficult. You should seek the advice of an attorney who regularly practices where the conviction occurred.

    Best of luck to you!

    See question 
  • How much is a fake inspection sticker ticket in Louisiana?

    I had to use a friends car because I lost my keys and was late for work!!! The one time I had to do this i get pulled over in the antique village of denham springs!!! He took off the sticker and said it was fake and slapped that ticket on me!!! I ...

    Stephen’s Answer

    These types of fines and court cost vary from parish to parish. To this end, you should contact an attorney who regularly practices in the court where this matter is pending. You also might be able to get that information from the clerk of court.

    See question