Stephen David Hebert’s Answers

Stephen David Hebert

New Orleans Criminal Defense Attorney.

Contributor Level 11
  1. Is there an SOL on stachatory rape in the state of Louisiana?

    Answered over 1 year ago.

    1. Stephen David Hebert
    2. Frank Mascagni III
    2 lawyer answers

    In Louisiana, the law provides prescriptive periods (or what other jurisdictions refer to "statutes of limitations") for every crime. However, as compared to other crimes, the prescriptive periods for sex crimes involving juveniles are extremely relaxed. When the alleged vicitim is under the age of seventeen (17) at the time of the crime for offenses such as felony carnal knowlege of a juvenile, indecent behavoir with a juvenile (and a few other offenses), the prosecution must be instituted...

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  2. What happens in a criminal case after the bond hearing? When do you have an arraignment?

    Answered over 2 years ago.

    1. Stephen David Hebert
    2. Robert Stephen Toale
    3. Benjamin J Lieberman
    3 lawyer answers

    Under Louisiana law, once there has been an arrest, the District Attorney essentially takes over the matter and has a certain amount of time to make a determination as to what, if any, charges will be formally filed against you. If a person is in jail, the District Attorney must make the screening determination within 60 days after the arrest for felonies and 45 days within arrest for misdemeanors. When the person is released from jail, this time delay increases to 150 days from arrest for...

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  3. Is it legal for someone to be held in jail for arraignment for a DUI for 95 days?

    Answered 8 months ago.

    1. Stephen David Hebert
    2. Thaddeus Furlong
    2 lawyer answers

    If he doesn't have a lawyer representing him already, you should retain one as soon as possible. There are legal delays for the District Attorney to formally file charges following the arrest as well delays in which a defendant is to be arraigned. But, any attorney would have to review the court record before they could provide a complete answer to your question. Best of luck to you! Stephen Hebert

    5 lawyers agreed with this answer

  4. My sisters boyfriend was charged with misdemeanor carnal knowledge of a juvenile. What will help him get out of this?

    Answered over 1 year ago.

    1. Stephen David Hebert
    2. Douglas Holbrook
    3. Michael D. Conroy
    4. William A. Jones Jr.
    4 lawyer answers

    As to the specific question posed, a good criminal defense attorney.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. My daughter is 18 got caught stealing from Walmart this is her first offense the stuff came up to $110 .what's gone happen in co

    Answered over 1 year ago.

    1. Stephen David Hebert
    2. Michael D. Conroy
    3. Frank Mascagni III
    3 lawyer answers

    Fortunately, she's not in that much trouble. Convictions such as these usually only result in probation, not jail time. But, if her record is clean, everything possible should be done to keep it that way. To this end, you should consult a criminal defense attorney as soon as possible. Many first time offenders can escape a conviction through diversion programs offered by many District Attorneys throughout Louisiana. Even when a conviction cannot be avoided, a skilled criminal defense...

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  6. How can a charge be accepted yet still under review by the DA?

    Answered about 2 months ago.

    1. Stephen David Hebert
    2. Jay Scott Finnecy
    3. Valarie A McNeice
    3 lawyer answers

    I understand your confusion given your factual recitation. But, if your boyfriend was given an arraignment date instead of another status date, it sounds as though the DA has likely accepted a charge against him but the paper work had not yet been fully processed. Otherwise, the commissioner would have already arraigned him right there or simply given him another status date.

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  7. Requesting an administrative hearing

    Answered about 1 year ago.

    1. Franz Nicholas Borghardt
    2. Stephen David Hebert
    3. Anthony Michael Solis
    4. Ethan Patrick Meaney
    4 lawyer answers

    I agree with the answers from prior counsel. I would also add that the administrative hearing only concerns the proposed suspension of your driver's license as the result of your failure or refusal of chemical analysis and is entirely separate from the criminal proceeding. You do not have to request a hearing, and given some recent changes in the law concerning those hearings, they are extremely difficult to win. Nonetheless, it may still be in your best interest to request one. You...

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  8. What does a complete PTI mean ?

    Answered over 1 year ago.

    1. Seth J. Bloom
    2. Stephen David Hebert
    2 lawyer answers

    "PTI" means Pre-Trial Intervention. It's simply a means for a person accused of crime to resolve the matter without ever being convicted of crime and usually similar to being placed on probation.

    3 lawyers agreed with this answer

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  9. Double Jeopardy

    Answered about 2 months ago.

    1. Stephen David Hebert
    2. Stephen Ross Cohen
    3. Jennifer J Wirsching
    4. Kevin H. Pate
    4 lawyer answers

    While there are some limitations on multiple bill hearings, there are deemed administrative in nature concepts, such as double jeopardy, do not apply. But, I am a little confused by your factual recitation as to whether their are using the 2007 conviction to enhance his sentence in connection with a new conviction (which is permissible since less than 10 years has passed since he completed his sentence) or whether they are trying to go back and enhance the sentence imposed in connection the...

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  10. In a felony case, how long does the state have before they file formal charges?

    Answered 8 months ago.

    1. Stephen David Hebert
    2. Lisa Michelle Bassis
    2 lawyer answers

    If the accused has been release on bond, the State of Louisiana has 150 days to file formal charges. But, if 150 day passes without the District Attorney taking any action and the District Attorney cannot not show good cause for its inaction, the only result is the person is released from his or her bond obligation. The District Attorney could still file a bill of information at a later date as long as the filing falls within the prescriptive period. Best of luck to you! Stephen Hebert

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