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Stephen David Hebert
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Stephen Hebert’s Answers

267 total


  • About how much time is he facing can charges get dropped,can he get probation

    My husband was arrested with charges of drug paraphernalia & drug sell/distribution of schedule 1 drug (heroin) he has told me he only had about 6 bags on him when he was stopped and they found empty bags and straws in the trash at our home.This w...

    Stephen’s Answer

    The offense listed in your factual recitation is one that usually requires jail time. Distribution charges are not normally sent to pre-trial diversion or the drug court program. However, with the assistance of a skilled criminal defense attorney, he may get some type of reduction in exchange for his guilty plea that could allow him to receive probation. To this end, you should retain a criminal defense attorney to represent him as soon as possible.

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  • HI I was wondering, in the state of Louisiana, a person charged murder,can they be realeased without bond after 120 days?

    A person murdered his unarmed father with an AK47. While i Know a lot about the law, it seems a lot of defense attorneys from what i've read recently are arguing : Article 701 As part of defendants’ speedy trial rights, Artic...

    Stephen’s Answer

    As to the specific question posed, yes. However, one may be continuously held in custody if the State of Louisiana can show just cause for the delay.

    It should also be noted that, even if person is awarded an Art. 701, it is not dispositive of the case or the issue. The State can still file an indictment or bill of information at a later date and the Court can (and often does) reimpose a bond obligation.

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  • How do i get a simple battery charged reduced?

    I was involved in a shoving match with my partner in which i called 911. She was picked up, charged with simple battery, and returned home within an hour in which i was also charged with simply battery because she told them i falsified the report....

    Stephen’s Answer

    You should first hire an attorney to represent you and hopefully your partner is doing the same. If you both were cited for simple battery for the same event, the case is very likely not viable and will most likely be ultimately dismissed.

    Best of luck to you!

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  • Can i own or purchase a firearm?

    I was sentenced to drug court under an article 894 for simple burglary. I completed the program and had record of arrest expunged. i was told under this article it worked similar to diversion where as you enter under a plea of guilty but upon succ...

    Stephen’s Answer

    Since you were convicted of simple burglary, you cannot possess a firearm until 10 years have passed from the date that you completed your sentence. Otherwise, you would be in violation of La. R.S. 14:95.1, which is punishable 10 to 20 years at hard labor.

    While this conviction was set aside and expunged, the record is nonetheless maintained for law enforcement purposes and you still would be subject to prosecution should you possess a firearm.

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  • Is simple robbery a aggravated charge

    My son was sentenced 7yrs

    Stephen’s Answer

    It is a crime of violence if that's what you intended to ask.

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  • Can i be arrested for theft in New Orleans?

    My friend, his friend and her boyfriend and I went to New Orleans for the weekend. We were out partying and i didnt care to be at the club we were at so I decided to leave. I met a couple of girls and wanted to hang out with them so i went to the ...

    Stephen’s Answer

    It really would be much better to have this conversation in the privacy of a criminal defense attorney's office rather than an internet forum. Further, since most, if not all, criminal defense attorneys in the New Orleans area offer free initial consultations, there's really no harm or expense. Thus, I would suggest that you start contacting prospective criminal defense attorneys now.

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  • My husband is being charged with absconding, but his fines are paid, what can happen to him when he goes to court

    Will his time be backed up

    Stephen’s Answer

    While his fines and fees may be paid, he may still be subject to regularly reporting to a probation officer, and, in turn, he may have violated his probation by failing to do so. When a person violates their probation, they can be subject to sanction (a small number of days in jail or other modification of probation) or full revocation, which would result in his suspended sentence being made executory.

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  • My fiancé and his friend were both charged with the same felon in possession of a fire arm his friend wants to take the charge

    will my fiancé be able to come home on bond if his friend takes the charge

    Stephen’s Answer

    This issue is far more complicated than you would think and this is really a conversation far better suited to be had with the attorney representing your fiance in his or her office. Nonetheless, the State can actually prosecute more than one person for possession of one object. But, if one of the persons pleads guilty, your fiance may have a viable defense depending on the facts of the case. But, I certainly would not assume that, if other person pleads guilty, your fiance's case will be dismissed.

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  • The drug charge not a felony. It's simple possession of marijuana...so can I get it expunged

    I got the charge at age 18.. I'm 32 now..i have not gotten into any trouble with drugs since...shouldn't u be able to get it expunged?..

    Stephen’s Answer

    Yes. Given your factual recitation, it can absolutely be expunged. I would also strongly encourage you to seek the assistance of an attorney who regularly practices in the court where the conviction occurred.

    Best of luck to you!

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  • OK so I caught a theft charge for $53 at my local target almost two years back well a year ago they started the arraignment

    Pre trial etc I ended up going to rehab in Florida long story short they were getting letters from treatment stating I was in there care and they still put out a warrant I'm back home now and want to take care of this matter but will I be facing j...

    Stephen’s Answer

    First and foremost, if you have an outstanding warrant for your arrest, you really should retain a lawyer and address the warrant with that lawyer as soon as possible. Warrants tend to pop up at the worst possible time and it is in your interest to address it as quickly as possible.

    Nonetheless, assuming that you have no prior criminal history, this really is not the type of offense that usually results in jail time. Rather, most people convicted of theft of goods under $100 are usually sentenced to probation.

    Accordingly, it's really silly to go to jail on an outstanding warrant because you failed to appear for court when the charge itself would not likely result in jail time.

    Yet, you really need to the assistance of a good criminal defense lawyer to get you through this.

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