Facing a DWI charge or a felony accusation in Louisiana is one of the most stressful experiences a person can go through. The choices made in the first hours and days after an arrest can shape the entire trajectory of a case — and ultimately a person's freedom, finances, and future. For individuals and families across Jefferson Parish, Orleans Parish, and the surrounding areas, Stephen D. Hébert, LLC offers a combination of courtroom experience, strategic thinking, and personal dedication that sets it apart from other criminal defense firms.
A Lawyer Who Has Seen the Other Side of the Table
One of the biggest advantages Stephen Hébert brings to a defense case is firsthand experience as a prosecutor. Early in his career, Stephen worked as an Assistant District Attorney in the Orleans Parish District Attorney's Office, where he tried numerous judge and jury trials, managed court dockets as a section senior, and even served as a special prosecutor in Calcasieu and East Baton Rouge Parishes.
That experience matters. A defense attorney who has stood on the prosecution side of a courtroom understands how prosecutors build their cases, what evidence they prioritize, where their arguments tend to be strongest, and — just as importantly — where they tend to be weakest. For clients facing DWI or felony charges, that insider perspective can be the difference between a plea that locks in unnecessary consequences and a defense strategy that exposes gaps in the state's case.
"Fight HARD. Fight SMART."
Before he ever set foot in a law school classroom, Stephen Hébert was a competitive amateur boxer, fighting in the lightweight, light-welterweight, and welterweight divisions throughout the 1990s. Today, he holds a black belt in Brazilian Jiu-Jitsu and continues to compete in grappling tournaments at the local, national, and international level.
That combat-sports background isn't just a personal interest — it shapes how Stephen approaches every case. Boxers and grapplers know that brute force alone doesn't win fights; preparation, timing, and strategy do. The same philosophy carries directly into the courtroom. Every lawyer claims to fight hard for clients. Stephen's approach is to fight *smart*: studying the prosecution's case for weaknesses, anticipating their next move, and building a defense designed to win — not just to put up a struggle.
Deep Knowledge of Louisiana DWI Law
DWI cases involve a unique mix of scientific evidence, administrative law, and constitutional issues — from the legality of the traffic stop, to the administration of field sobriety tests, to the reliability of breath and blood testing equipment. Louisiana's DWI laws are also detailed and frequently updated, with serious consequences that escalate quickly for second, third, and subsequent offenses.
Stephen Hébert routinely represents clients facing DWI charges throughout Jefferson, Orleans, Plaquemines, St. Bernard, and St. Charles Parishes. He understands how the Louisiana Department of Motor Vehicles administrative license suspension process works alongside the criminal case, how to challenge the basis for a stop or arrest, and how prior offenses are counted under current Louisiana law — an issue that has become especially important with recent changes taking effect in 2026. For many clients, an experienced DWI attorney can mean the difference between a license suspension and keeping the ability to drive to work, or between a conviction on a person's permanent record and a resolution that protects their future.
Serious Felony Defense, Backed by Trial Experience
Felony charges carry consequences that can follow a person for the rest of their life — prison time, loss of civil rights, immigration consequences, and a permanent criminal record that affects employment, housing, and more. Stephen Hébert represents clients facing a wide range of felony charges, including violent crimes, drug and narcotics offenses, and theft, property, and white-collar crimes, in both state and federal court.
Louisiana criminal procedure moves on a strict timeline. Under Article 701 of the Louisiana Code of Criminal Procedure, the state faces specific deadlines for moving a case forward — and a defense attorney who understands those deadlines can use them to a client's advantage. Stephen's background managing felony dockets as a prosecutor, combined with over a decade of private criminal defense practice since 2010, gives him a clear-eyed understanding of how felony cases actually unfold in Jefferson Parish's 24th Judicial District Court, Orleans Parish Criminal District Court, and the U.S. District Court for the Eastern District of Louisiana.
A Record of Recognition From Peers and Clients Alike
Reputation in the legal community is often a strong signal of how an attorney performs when it matters most. Stephen Hébert has been named a *Super Lawyer* nearly every year since 2015, has repeatedly been recognized by *New Orleans Magazine* as a Top Lawyer in Criminal Defense, and has held an AV-Preeminent rating from Martindale-Hubbell — the highest peer-review rating available, reflecting both legal ability and ethical standards. He has also earned Martindale-Hubbell's Client Champion Platinum distinction and Avvo's Client's Choice Award multiple times, awards driven directly by client feedback.
Always Available, Never Out of Reach
An arrest doesn't wait for business hours, and neither does Stephen Hébert. His office offers 24/7 phone availability, meaning that anyone arrested in Louisiana — or their family members — can reach out immediately, at any hour, to start protecting their rights. With offices conveniently located in New Orleans and Gretna, clients throughout the greater New Orleans area have direct access to experienced representation close to home.
The Bottom Line
Choosing a criminal defense attorney is one of the most important decisions a person will make during one of the hardest moments of their life. Stephen D. Hébert combines the insight of a former prosecutor, the discipline of a lifelong competitor, deep familiarity with Louisiana's DWI and felony laws, and a record of recognition from both peers and clients. For anyone facing a DWI or felony charge in Louisiana, that combination of experience and strategy can make all the difference.
If you or a loved one has been arrested in Louisiana, don't wait. Text or call Stephen D. Hébert, LLC at 504-250-6020 to discuss your case.
*This blog post is for informational purposes only and does not constitute legal advice. Every case is different, and the outcome of any case depends on its specific facts and circumstances.*
Being charged with a felony in Louisiana is one of the most serious legal situations a person can face. Unlike misdemeanors, felony convictions carry the possibility of hard labor sentences in state prison, permanent loss of civil rights, and consequences that follow you for the rest of your life. If you or someone you love has been arrested and is facing felony charges in Louisiana, understanding what comes next — and acting quickly — is critical.
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What Makes Something a Felony in Louisiana?
Louisiana law defines a felony as any crime for which the sentence may be **imprisonment at hard labor**, or **death**. This distinguishes felonies from misdemeanors, which are punishable by up to two years in a parish jail.
In practical terms, Louisiana felonies include:
- **Violent crimes** — aggravated assault, armed robbery, manslaughter, murder
- **Drug offenses** — distribution, possession with intent, trafficking
- **Sex offenses** — rape, sexual battery, crimes against children
- **Property crimes** — felony theft (over $1,000), burglary, arson
- **White collar crimes** — fraud, embezzlement, identity theft
- **Weapons offenses** — illegal use of a weapon, felon in possession of a firearm
- **DWI** — a third or subsequent DWI offense in Louisiana is charged as a felony
The specific charge — and the potential sentence — depends on the nature of the offense, any aggravating factors, and whether the defendant has prior convictions.
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Felony Classes in Louisiana: How Sentences Are Structured
Louisiana does not use a lettered classification system (Class A, Class B, etc.) the way some other states do. Instead, each criminal statute specifies its own sentencing range. This means the potential penalty varies significantly from charge to charge.
As examples:
| Offense | Potential Sentence |
|---|---|
| Simple burglary | Up to 12 years at hard labor |
| Armed robbery | 10–99 years at hard labor, without parole |
| Distribution of cocaine | 2–30 years at hard labor |
| Aggravated rape | Life imprisonment at hard labor |
| Felony DWI (3rd offense) | 1–5 years, with or without hard labor |
Because sentences are offense-specific and can be dramatically increased by prior convictions, habitual offender status, or aggravating circumstances, having an attorney who understands Louisiana's sentencing framework is essential from day one.
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The Louisiana Felony Process: What to Expect
1. Arrest and booking
After arrest, you will be booked into the parish jail. You will be photographed, fingerprinted, and processed. At this stage, **say nothing beyond identifying yourself.** Anything you say can and will be used against you. Ask for a lawyer immediately.
2. First appearance and bail
Within 72 hours of arrest, you will appear before a judge for a first appearance. The judge will advise you of the charges and set bail — or deny it. Bail conditions in felony cases can be significant. An attorney can argue for reasonable bail and conditions at this stage.
3. Preliminary examination or grand jury
In Louisiana, serious felony charges — particularly those that may result in life imprisonment — may be presented to a grand jury. The grand jury reviews the evidence and decides whether there is probable cause to indict. For other felonies, a preliminary examination before a judge may be held instead.
4. Arraignment
If indicted or formally charged by bill of information, you will be arraigned — formally read the charges and asked to enter a plea. Most defendants plead not guilty at arraignment, which is the appropriate response in virtually all cases while your attorney evaluates the evidence.
5. Pre-trial motions and discovery
This is often where cases are won or lost before they ever reach trial. Your attorney will review the evidence, investigate the facts, and file motions to suppress illegally obtained evidence, challenge probable cause, or dismiss defective charges. Many cases are resolved favorably at this stage through motions practice.
6. Trial or plea negotiation
If no pre-trial resolution is reached, the case proceeds to trial. Louisiana felony defendants have the right to a jury trial. Alternatively, your attorney may negotiate a plea agreement with the prosecution — reducing charges, securing a favorable sentence, or obtaining probation in lieu of incarceration.
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The Article 701 Deadline — And Why It Matters
Louisiana's Code of Criminal Procedure Article 701 establishes strict time limits within which the state must bring a defendant to trial. For felonies, the state generally has:
- **120 days** from arrest to trial if the defendant is being held in custody without bail
- **240 days** from arrest to trial if the defendant has been released on bail
These are not guidelines — they are hard deadlines. If the state fails to bring a defendant to trial within the applicable time limit and the delay is not the defendant's fault, the charges **must be dismissed**.
Monitoring Article 701 deadlines is one of the most powerful procedural tools available to a criminal defense attorney in Louisiana. It requires careful tracking from the moment of arrest and aggressive action when the deadline approaches.
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Consequences of a Felony Conviction in Louisiana
A felony conviction in Louisiana does not just mean time in prison. The collateral consequences are significant and long-lasting:
- **Loss of voting rights** during incarceration (restored upon release in Louisiana)
- **Loss of the right to own or possess a firearm** — permanently under federal law
- **Sex offender registration** for qualifying offenses
- **Driver's license suspension** for drug and DWI convictions
- **Immigration consequences** — felony convictions can trigger deportation proceedings for non-citizens
- **Employment barriers** — many employers conduct background checks, and felony records are visible
- **Housing restrictions** — public housing and many private landlords screen for felony convictions
- **Professional license revocation or denial** — attorneys, nurses, contractors, and others may lose or be denied licensure
These collateral consequences often outlast any prison sentence. They are another reason why having skilled legal representation — and fighting the charges aggressively — matters far beyond the courtroom.
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Can a Felony Conviction Be Expunged in Louisiana?
Louisiana law does allow for the expungement of certain felony convictions, but eligibility is limited. Generally, a person must:
- Have completed all terms of their sentence, including probation and parole
- Wait a specified period after completion (typically 5 years for felonies)
- Not have other disqualifying convictions
Crimes of violence and sex offenses are generally not eligible for expungement. Even for eligible convictions, expungement removes the record from public access — it does not legally erase the conviction for all purposes.
An experienced Louisiana criminal defense attorney can advise you on whether you or a loved one may be eligible for expungement.
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Facing Felony Charges in Louisiana? Early Action Is Everything.
The decisions you make in the hours and days after a felony arrest can shape the entire trajectory of your case. Talking to investigators without an attorney, waiving your right to a preliminary examination, or waiting too long to retain legal counsel can all be costly mistakes.
Stephen D. Hébert has represented clients facing serious felony charges throughout Louisiana for years — in Orleans Parish, Jefferson Parish, Plaquemines Parish, St. Bernard Parish, St. Charles Parish, and federal court. He is available 24/7, because arrests don't happen on business hours.
If you or a loved one is facing felony charges in Louisiana, call or text **504-250-6020** for a free consultation. There is no charge to speak with Stephen, and the conversation you have today could change the outcome of your case.
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Stephen D. Hébert, LLC handles criminal defense matters throughout Louisiana, with offices in New Orleans (700 Camp Street, Suite 216) and Gretna (230 Huey P Long Avenue #201). Named a Super Lawyer ten times. AV Preeminent rated by Martindale-Hubbell.
*This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.*
If you’ve been charged with DWI in Louisiana, one of the most important questions is whether the State can prove you have a “prior offense.” That single issue can dramatically increase penalties, exposure to jail time, and long-term consequences.
But what actually counts as a prior DWI in Louisiana? The answer is more complicated than most people realize.
1. The Basic Rule: Prior Convictions Within the “Cleansing Period”
Louisiana uses what’s called a “cleansing period”—a look-back window during which prior DWI convictions can be used to enhance a new charge.
As of 2026, the State generally looks at whether you have prior DWI convictions within the applicable statutory period (often 10 years, depending on how the time is calculated).
If a prior offense falls outside that window, it may not count.
2. Out-of-State Convictions Can Count
Many people assume that only Louisiana DWIs matter. That’s incorrect.
Louisiana can use DWI convictions from other states—such as Texas, Mississippi, or Alabama—if the prior offense is substantially similar to Louisiana’s DWI law.
However, just because a conviction exists doesn’t automatically mean the State can use it.
3. The State Must Prove the Prior Conviction Is Valid
This is where things get legally significant.
To use a prior DWI for enhancement, the State must prove that the earlier conviction was constitutionally valid. That often involves showing that the defendant knowingly and voluntarily waived certain rights under Boykin rights when entering a guilty plea.
Those rights include:
- The right to a trial
- The right to confront witnesses
- The privilege against self-incrimination
If the record does not show a valid waiver of those rights, the prior conviction may be subject to attack.
4. Representation by Counsel Alone May Not Be Enough
A common issue arises when the State proves that a defendant had a lawyer in the prior case—but there is no clear record of a proper Boykin colloquy.
In some situations, simply showing representation by counsel is not sufficient to establish that the plea was constitutionally valid. The burden may shift depending on the evidence, but these cases often become highly technical—and highly defensible.
5. The Burden of Proof Matters
Louisiana courts follow a burden-shifting framework in DWI enhancement cases:
- The State must first prove the existence of the prior conviction
- Then, the defendant can challenge its constitutional validity
- The burden may shift back to the State to prove the plea was valid
This is where experienced legal analysis can make a major difference in the outcome of a case.
6. Why This Issue Is So Important
Whether a prior DWI counts can mean the difference between:
- A misdemeanor vs. a felony
- Minimal penalties vs. mandatory jail time
- A manageable situation vs. life-altering consequences
In other words, this is often the most important legal issue in a DWI case.
7. Every Case Is Fact-Specific
No two DWI cases are the same. The details of prior convictions—especially out-of-state cases—must be carefully reviewed, including:
- Court records
- Plea transcripts
- Waiver forms
- Representation history
What looks like a “prior” on paper may not hold up in court.
Final Thought
If you are facing a DWI charge in Louisiana and have prior offenses—whether in-state or out-of-state—do not assume the State can automatically use them against you.
A careful legal review of those prior convictions can sometimes change the entire trajectory of your case.
If you have questions about how prior DWI offenses may affect your case, it’s worth getting a detailed legal evaluation before making any decisions.
If you or a loved one has been arrested in Jefferson Parish, one of the first questions that comes up is whether the charge is a felony or a misdemeanor. This distinction is extremely important because it determines where the case will be prosecuted, the potential penalties involved, and how serious the long-term consequences may be.
In Louisiana, a misdemeanor is generally considered a less serious offense. Most misdemeanors carry a maximum penalty of up to six months in parish jail, along with possible fines, probation, and court costs. Common misdemeanor charges in Jefferson Parish include first-offense DWI, simple battery, theft involving smaller amounts, disturbing the peace, and certain domestic violence offenses depending on the circumstances.
Misdemeanor cases are typically handled in one of two courts. Cases arising on the East Bank of the Mississippi River are prosecuted in First Parish Court in Metairie, while cases from the West Bank are prosecuted in Second Parish Court in Gretna. These courts tend to move quickly, and defendants are often required to make critical decisions early in the process. For that reason, it is important to understand the charge and seek legal advice as soon as possible.
A felony, on the other hand, is a much more serious criminal offense. Felonies carry the possibility of significant jail or prison time, substantial fines, and lasting consequences that can affect a person’s future for years. A felony conviction may impact employment opportunities, professional licenses, housing options, and even the right to possess firearms.
Examples of felony charges prosecuted in Jefferson Parish include drug distribution offenses, felony theft, burglary, aggravated battery, armed robbery, and repeat DWI charges. All felony cases in Jefferson Parish are handled in the 24th Judicial District Court in Gretna. Unlike misdemeanor proceedings, felony cases involve multiple stages, including bond hearings, arraignments, motion practice, and in some situations, grand jury proceedings and jury trials. These cases often take considerably longer to resolve and require a carefully planned defense strategy.
The difference between a misdemeanor and a felony is not just about the potential sentence. It also affects how quickly a case moves, the procedures involved, and the long-term impact of a conviction. In some situations, a charge that begins as a misdemeanor can later become a felony, particularly when a person has prior convictions. Repeat DWI offenses and certain domestic violence or theft cases are common examples of charges that can escalate in seriousness.
Because of these high stakes, early legal representation is critical. The initial stages of a criminal case often present the best opportunities to challenge probable cause, negotiate reduced charges, or seek dismissal. Waiting too long to consult an attorney can limit available options and place a defendant at a significant disadvantage.
If you or a family member has been charged with a crime in Jefferson Parish, understanding whether the charge is a felony or misdemeanor is the first step toward protecting your rights. The right legal strategy from the beginning can make a substantial difference in the outcome of the case and in your future.
A DWI arrest in Louisiana can be overwhelming, especially if it is your first experience with the criminal justice system.
For Jefferson Parish DWI arrests, the location of the arrest determines which court has jurisdiction. DWI offenses occurring on the East Bank of the Mississippi River, including Metairie and Kenner, are prosecuted in First Parish Court in Metairie. Arrests occurring on the West Bank, including Gretna, Harvey, Marrero, and Westwego, are prosecuted in Second Parish Court in Gretna. Understanding what happens next can help you make informed decisions and avoid costly mistakes.
After a DWI arrest, you are typically taken into custody and either booked into jail or released once bond is set. In many cases, your driver’s license is seized at the time of arrest, and you are issued a temporary permit. This temporary license is only valid for a limited period, and you must act quickly if you want to challenge the suspension.
On the criminal side, the case proceeds through arraignment, pretrial conferences, and potentially trial. Prosecutors must prove that the stop was lawful, that you were impaired, and that any chemical testing was properly administered and reliable. These are not automatic conclusions, and each step is open to legal challenge.
Louisiana law imposes increasing penalties for repeat DWI offenses, making it especially important to handle even a first arrest carefully. A conviction can also have consequences beyond court, including higher insurance premiums and restrictions on driving privileges.
A Louisiana criminal defense attorney can guide you through both the criminal case and the administrative license process, ensuring deadlines are met and defenses are preserved. Early representation often provides the greatest opportunity to reduce charges, suppress evidence, or seek alternatives to conviction.
Stephen D. Hebert, LLC represents clients charged with DWI offenses throughout Louisiana and works to protect their rights at every stage of the process.
If you or a loved one has been arrested in Louisiana, one of the most important — and often misunderstood — issues is how long the State has to move your case forward. As a Louisiana criminal defense attorney, I frequently receive questions about delays, jail time, and whether charges can be dismissed when the process takes too long. Article 701 of the Louisiana Code of Criminal Procedure plays a central role in answering those questions.
In Jefferson Parish, Article 701 issues commonly arise in cases prosecuted in the 24th Judicial District Court in Gretna, where all felony charges are handled. Arrests made by the Jefferson Parish Sheriff’s Office or municipal police departments in Gretna, Harvey, Marrero, Westwego, Metairie, and Kenner are all subject to the same Article 701 time limits, but how those deadlines apply often depends on whether the accused remains in custody and how the case is procedurally postured.
If you or a loved one has been arrested in Louisiana, one of the most important — and often misunderstood — issues is how long the State has to move your case forward. As a Louisiana criminal defense attorney, I frequently receive questions about delays, jail time, and whether charges can be dismissed when the process takes too long. Article 701 of the Louisiana Code of Criminal Procedure plays a central role in answering those questions.
Article 701 sets specific time limits on how long a person can be held in custody without the State formally instituting prosecution or bringing the case to trial. While it is often referred to as Louisiana’s “speedy trial” rule, Article 701 is distinct from the constitutional right to a speedy trial. It is a statutory protection designed to prevent people from sitting in jail indefinitely while their cases stall.
Under Article 701, the applicable time limits depend on the seriousness of the charge and whether the person remains incarcerated or has been released on bond. For felony cases where the accused remains in custody, the State generally has 60 days from arrest to file formal charges. If the accused is not incarcerated, that time period extends to 90 days. For misdemeanor cases, the State generally has 45 days if the accused is in custody and 60 days if the accused is not.
If the State fails to file charges within these time limits, Article 701 allows the defense to file a motion seeking release from custody. It is important to understand that Article 701 does not automatically result in a dismissal of charges. Instead, the primary remedy is release from jail, meaning the accused cannot continue to be held solely because the State missed the deadline.
Even after formal charges are filed, Article 701 continues to impose time limits on bringing the case to trial. In felony cases where the accused remains incarcerated, the State generally has two years from the date charges are instituted to commence trial. In misdemeanor cases, that period is typically one year. If the accused is not incarcerated, those time limits are longer.
These timelines are not absolute. Louisiana law allows certain events to interrupt or suspend the Article 701 clock, including defense motions, continuances, or other procedural delays. Prosecutors often rely on these interruptions to argue that time has not expired, which makes careful tracking of deadlines critical.
Because Article 701 issues are highly technical, they are often overlooked by unrepresented defendants. A Louisiana criminal defense attorney can monitor the applicable deadlines, determine whether delays are attributable to the State, and file the appropriate motions when violations occur. In some cases, enforcing Article 701 can result in a client’s release from custody or significantly improve leverage in resolving the case.
At Stephen D. Hebert, LLC, we regularly evaluate Article 701 time limits in cases involving both felony and misdemeanor charges. If you have been arrested in Louisiana and are concerned about delays in your case, speaking with a criminal defense attorney early can help ensure that your statutory and constitutional rights are protected.
If you have been arrested for a first-offense DWI in Louisiana, one of the first questions you may ask is whether you really need a lawyer. As a Louisiana criminal defense attorney, I can tell you that a DWI arrest is a serious matter with immediate and long-term consequences, even for a first offense.
A DWI arrest in Louisiana triggers two separate processes: the criminal case and the driver’s license suspension through the Louisiana Office of Motor Vehicles. These cases move on strict timelines, and missing a deadline can result in the loss of important rights, including the ability to challenge your license suspension.
For a first-offense DWI in Louisiana, potential penalties can include jail time, fines, probation, substance abuse programs, and mandatory installation of an ignition interlock device. Even when jail time is suspended, a conviction can follow you for years and affect employment, insurance rates, and professional licenses.
An experienced Louisiana DWI defense lawyer can review the legality of the traffic stop, the administration of field sobriety tests, and the accuracy of breath or blood testing. Many DWI cases turn on whether law enforcement followed required procedures and whether the evidence can actually be used in court.
Just as important, having counsel early allows your attorney to communicate with prosecutors, preserve evidence, and advise you on whether diversion programs or charge reductions may be available. Waiting too long can limit your options.
At Stephen D. Hebert, LLC, we represent individuals charged with DWI throughout Louisiana. If you have been arrested for DWI, speaking with a criminal defense attorney early can make a meaningful difference in how your case is resolved.
A wide-ranging package of new Louisiana laws approved during recent legislative sessions will officially take effect on January 1, 2026, bringing significant changes for drivers, homeowners, contractors, business owners, and anyone involved in civil litigation.
Lawmakers say the reforms are intended to improve public safety, reduce litigation costs, strengthen consumer protections, and modernize state regulations. Here’s what Louisiana residents should expect.
Hands-Free Driving Law Fully Enforced
Beginning January 1, Louisiana will fully enforce its expanded hands-free driving law, often referred to as the “touch law,” ending the current grace period that emphasized education and warnings.
Drivers will no longer be permitted to hold a mobile phone to text, scroll, browse, or interact with apps while operating a vehicle. Limited exceptions remain for emergency calls and approved hands-free navigation systems. Fines increase in school zones and construction zones, and repeat violations can result in higher penalties.
The goal, according to lawmakers, is to reduce distracted-driving crashes as smartphone use continues to rise statewide.
Expanded Tax Incentives for Home Fortification
Homeowners who strengthen their properties against severe weather will see expanded tax benefits beginning in 2026. Eligible improvements include upgrades designed to enhance wind resistance and structural integrity.
Act 404 creates a $10,000 tax credit for Louisiana homeowners who fortify their roofs. Legislators say the incentives are intended to reduce storm damage, insurance claims, and long-term recovery costs for families and insurers alike.
Major Change to Civil Liability Rules
One of the most consequential legal shifts affects how fault is assigned in personal injury lawsuits. Louisiana is moving from a pure comparative fault system to a modified comparative fault standard.
Under the new law, plaintiffs who are found to be 50% or less at fault may still recover damages, reduced by their share of responsibility. Plaintiffs who are found to be 51% or more at fault will be barred from recovering damages entirely.
Supporters say this change aligns Louisiana with many other states and may help curb insurance premiums. Critics argue it could limit recovery in cases where fault is hotly disputed.
Limits on Recoverable Medical Expenses
Another tort reform measure will limit how medical expenses are calculated in injury cases. Starting in 2026, plaintiffs may recover only the amount actually paid for medical care, rather than the higher amounts billed by healthcare providers.
Lawmakers contend this reflects real economic loss and will help reduce excessive verdicts. Opponents caution that it may leave injured victims under-compensated, especially those facing long-term or specialized care.
New Roofing Contractor Licensing Requirements
Residential roofing contractors will be subject to new licensing standards beginning in 2026. Roofing projects exceeding $7,500 will require the contractor to hold either a residential roofing license or a residential construction license with a roofing designation.
The law authorizes enforcement tools such as fines and cease-and-desist orders. State officials say the new rules are designed to protect homeowners, particularly after major storms when unlicensed or fraudulent roofing activity tends to spike.
Business Tax Changes for Pass-Through Entities
Louisiana is also revising how certain businesses are taxed. Beginning in 2026, S corporations will be more clearly treated as pass-through entities under state tax law, bringing Louisiana’s framework more in line with federal standards.
Some business owners may see tax savings, while others may need to revise accounting and planning strategies.
What Louisiana Residents Should Do Now
With these laws taking effect January 1, 2026, preparation is key. Drivers should familiarize themselves with the hands-free driving requirements. Homeowners considering roof upgrades should explore the new tax credit. Contractors should ensure they meet the new licensing standards. Business owners should review their tax planning. And anyone involved in personal injury litigation should understand that new rules will apply to fault and damages.
If you have questions about how these changes affect your rights or responsibilities under Louisiana law, speaking with a qualified attorney now can help you stay ahead of the curve.
Being arrested in Louisiana can be overwhelming, especially for someone who has never been involved in the criminal justice system before. While every case is different, Louisiana law sets out a fairly defined process that begins immediately after an arrest and includes important deadlines that the State must follow. Whether an arrest is made pursuant to a warrant or without one, and whether the person remains in jail or is released on bond, can significantly affect how quickly the prosecution must act.
An arrest may occur either with an arrest warrant or without one. When law enforcement arrests someone pursuant to a warrant, a judge has already determined that probable cause exists to believe the person committed a crime. In many cases, the decision to seek a warrant follows some level of prosecutorial review, although that is not always required. After a warrant arrest, the person is booked into jail, and a court appearance is scheduled where bond may be addressed if it has not already been set.
By contrast, many arrests occur without a warrant. Louisiana law allows police officers to make warrantless arrests when a crime is committed in their presence, when they have probable cause to believe a felony has been committed, or in other limited circumstances. After a warrantless arrest, the individual must be brought before a judge within a short period of time, typically by the next business day, for a determination of probable cause and the setting of bond. Even though no warrant was issued beforehand, the legal deadlines for filing charges still begin to run from the date of arrest.
Once someone is arrested, one of the most important factors is whether that person remains in custody or is able to post bond and secure release. Louisiana law treats these situations differently because pretrial detention implicates fundamental liberty interests. The longer a person remains in jail without formal charges being filed, the greater the constitutional concern.
Article 701 of the Louisiana Code of Criminal Procedure governs the time limits within which the State must formally charge a defendant by filing a bill of information or obtaining an indictment. These deadlines are strictly tied to whether the person is still in custody or has been released on bond.
If a person remains in jail after arrest, the State must act quickly. For misdemeanor offenses, the prosecution has thirty days from the date of arrest to file formal charges. For non-capital felony offenses, the deadline is sixty days. For the most serious felony offenses, those punishable by death or life imprisonment, the State has one hundred twenty days. If the prosecution fails to meet these deadlines, the defense may file a motion requesting the defendant’s release from custody. Unless the district attorney can show “just cause” for the delay at a contradictory hearing, the court is required to order the defendant released from jail.
If the person is able to post bond and is released from custody, Article 701 still applies, but the State is given more time to file charges. In misdemeanor cases, the prosecution has ninety days from the date of arrest to file a bill of information or indictment. In felony cases, the deadline is one hundred fifty days. If the State fails to meet these deadlines and cannot show just cause for the delay, the defense may seek an order discharging the bond obligation. While this does not permanently bar prosecution, it relieves the defendant from the conditions and financial burden of the bond.
It is important to understand that a successful Article 701 motion does not automatically result in dismissal of the case. In most situations, the remedy is release from custody or discharge of bond, not dismissal of charges. The State may still file charges later, so long as it does so within the applicable prescriptive period and complies with constitutional speedy trial requirements. However, Article 701 is a powerful tool to prevent people from sitting in jail indefinitely while the prosecution delays formal action.
Once charges are filed, the case proceeds to arraignment, where the defendant enters a plea, most often not guilty. From there, the case moves into the pretrial phase, which includes discovery, motion practice, and hearings. Article 701 also contains provisions governing the right to a speedy trial after charges are filed, particularly when a defendant files a formal motion demanding a speedy trial.
The period immediately following an arrest is one of the most critical stages of a criminal case. Decisions made during this time can affect bond, custody status, and long-term strategy. Understanding the timelines imposed by Louisiana law, particularly Article 701, can make the difference between remaining incarcerated and securing release while a case is pending. Anyone who has been arrested should speak with an experienced Louisiana criminal defense attorney as early as possible to ensure that these rights are protected and that the State is held to its legal obligations.
New Orleans, LA – [October 27, 2025] – New Orleans criminal defense attorney Stephen D. Hébert has once again been recognized among the city’s finest legal professionals, earning a spot on New Orleans Magazine’s Top Lawyers list in Criminal Defense for the tenth time. This honor reflects over a decade of consistent excellence, professionalism, and dedication to protecting the rights of the accused.
The Top Lawyers list, published annually by New Orleans Magazine, is based on peer nominations and an independent evaluation process conducted by Professional Research Services (PRS). Attorneys throughout the Greater New Orleans area are asked to nominate colleagues they would recommend in various practice areas. The final list represents those most highly regarded by their peers for professional achievement and ethical standards.
“It’s an honor to be recognized once again by my peers in the New Orleans legal community,” said Hébert. “Defending the rights of the accused has always been my passion, and I’m grateful for the trust my clients and colleagues continue to place in me.”
A former prosecutor, Stephen D. Hébert has built his private practice on the principles of vigorous advocacy, integrity, and client-centered representation. His practice focuses on criminal defense, representing clients in both state and federal courts across Louisiana. In addition to his legal work, Hébert is also a Brazilian Jiu Jitsu black belt, a discipline that mirrors his persistence and strategic mindset in the courtroom.
For more information about Stephen D. Hébert, visit stephendhebert.com or contact his office at (504) 250-6020.
About Stephen D. Hébert, Attorney at Law, L.L.C.
Stephen D. Hébert is a New Orleans-based criminal defense attorney representing individuals in state and federal courts throughout Louisiana. A former Assistant District Attorney, Hébert has earned repeated recognition for his professionalism, courtroom skill, and commitment to justice. His firm handles a wide range of criminal matters, including misdemeanors and felonies.
