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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.

I’m honored to share that I’ve once again been recognized by Three Best Rated as one of the top three criminal defense attorneys in New Orleans.

This continued recognition is incredibly meaningful—not just because it reflects years of hard work, but because Three Best Rated uses a rigorous 50-point inspection process, including reputation, history, complaints, ratings, satisfaction, trust, cost, and general excellence. It’s not a pay-to-play list. It’s earned.

As a former prosecutor turned award-winning criminal defense attorney, I’ve built my practice around one core belief: every person deserves a strong defense. From DWI and drug charges to serious felony offenses, I fight for my clients with the experience, insight, and dedication their case demands.

This recognition would not be possible without the trust of my clients, the support of my peers, and the hard work of everyone who has contributed to my firm’s success. I remain committed to protecting the rights of those facing criminal charges in New Orleans and throughout Louisiana.

Navigating the criminal justice system in New Orleans can be overwhelming—especially if it’s your first time dealing with law enforcement or the courts. Unfortunately, misinformation is everywhere. Too often, I see clients walk into my office believing myths that can seriously hurt their cases.

Let’s clear up some of the most common misconceptions I hear from prospective clients in and around New Orleans.

Myth #1: If the police didn’t read me my rights, the case gets thrown out.

You’ve heard it a hundred times on TV: “You have the right to remain silent…” But here's the reality—Miranda rights only need to be read after you're in custody and before you're interrogated. If the police arrest you but don’t question you, there’s no Miranda violation. Even if they do question you without reading your rights, it doesn’t automatically mean your case gets dismissed. It may just mean that certain statements can’t be used against you in court.  Miranda also has no application if the prosecution does not intend to offer any statements against you at trial.

Bottom line: A Miranda violation can help your defense—but it doesn’t guarantee a walk.

Myth #2: I can’t be charged if the police didn’t find the evidence on me.

This is a big one. Many people think that if drugs, weapons, or other illegal items aren’t found directly on their person, they’re in the clear. Not true. Louisiana law—and federal law—allows for what's called “constructive possession.” That means if you had control over the item or knew it was nearby, you can still be charged.

For example, if you’re in a car and illegal drugs are found in the center console, you might be held legally responsible even if they weren’t in your pocket.

Myth #3: Hiring a private attorney is no better than getting a public defender.

Let me be clear: Public defenders are hardworking attorneys who care deeply about justice. But they’re often juggling huge caseloads and limited time. When you hire a private criminal defense attorney, you’re getting someone who can devote more focused attention to your case—someone you’ve chosen, not someone assigned to you.

As a private defense lawyer based in New Orleans, I work directly with my clients, investigate the facts thoroughly, and customize a legal strategy based on the unique details of the case. That level of personal attention can make a meaningful difference.

Myth #4: If I’m innocent, I don’t need a lawyer.

This is one of the most dangerous myths out there.

Even if you're 100% innocent, you can still be arrested, charged, and brought to trial. Police officers and prosecutors make mistakes—or rely on inaccurate information. Evidence can be misinterpreted. Witnesses can lie or misremember. The criminal justice system is not perfect, and assuming that the truth will automatically protect you is a risky move.

An experienced criminal defense attorney doesn’t just defend guilty people—they protect the rights of everyone, including the innocent.

Myth #5: All criminal cases go to trial.

Most criminal cases in Louisiana—and across the country—don’t end in dramatic courtroom trials. They’re often resolved through plea negotiations, dismissals, or other pre-trial agreements. That doesn’t mean you shouldn’t prepare as if you're going to trial—on the contrary, strong preparation is what often leads to better outcomes outside of court.

The key is having a lawyer who knows when to fight and when to negotiate. Every case is different, and your defense should reflect that.

If you've been arrested or are under investigation in New Orleans, don't rely on myths or secondhand advice. Talk to a qualified criminal defense attorney who can give you the facts—and fight for your rights.

Have questions about your case? Feel free to contact me for a confidential consultation.

When it comes to criminal charges in Louisiana, not all involvement in a crime is treated the same. Two common terms that can determine the outcome of a criminal case are principal and accessory after the fact. These roles differ not only in timing and intent, but also in how they’re prosecuted and punished. In this post, we’ll break down the difference between a principal and an accessory after the fact under Louisiana law—complete with real case examples and relevant statutes. What Is a Principal?

Under Louisiana Revised Statute § 14:24, a principal is: “All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime.” In short: if you help commit a crime in any way, you’re a principal. It doesn’t matter if you didn’t pull the trigger or weren’t at the scene—if you helped plan, encourage, or support it, you’re in.

Key Takeaways: You must intend to participate in the crime. Your help can come before or during the crime. All principals are equally responsible for the offense. Case Example: State v. Pierre (1994) In this case, the defendant lured the victim to a location where a co-defendant shot and killed him. Although he didn’t fire the gun, the court ruled he was a principal to second-degree murder because he helped facilitate the crime. Moral of the story: Helping set up a crime can land you the same charge as the person who carries it out.

What Is an Accessory After the Fact? Now contrast that with Louisiana Revised Statute § 14:25, which defines an accessory after the fact as: “Any person who, after the commission of a felony, shall harbor, conceal, or aid the offender, knowing or having reasonable ground to believe that the offender has committed the felony, and with the intent that he may avoid or escape from arrest, trial, conviction, or punishment.” This person didn’t help commit the crime, but stepped in after the fact to help the offender avoid justice.

Key Takeaways: The crime must be already completed. You must know (or reasonably believe) that a felony was committed. Your actions are meant to help the criminal avoid getting caught. Case Example: State v. Watson (1984) The defendant helped robbers escape by driving them away and hiding their identity. He wasn’t involved in the robbery itself, but was still convicted as an accessory after the fact because he knowingly helped them avoid capture. Bottom line: Covering up for a friend after they commit a felony is a crime too. Why the Distinction Matters Understanding whether someone is a principal or accessory after the fact can determine: What charges are filed What sentence they might face How a defense strategy is built Whether a plea deal is on the table Principals face the full force of the law for the underlying crime, while accessories face separate, lesser charges—but the consequences are still serious. See, e.g., State v. Tran, 12-0020 (La. App. 4 Cir. 7/31/13), 120 So. 3d 933.

Final Thoughts: If you're facing criminal charges in Louisiana—or even just questioning your level of involvement in a situation—it’s crucial to understand where you fall under the law. Whether you were part of the crime or helped cover it up, the legal system treats each role differently.

Need legal help? Always consult with a criminal defense attorney who knows Louisiana law inside and out.

If you or a loved one is facing criminal charges involving domestic violence in Louisiana, one of the first legal hurdles you may encounter is Gwen’s Law. Found in Article 313 of the Louisiana Code of Criminal Procedure, Gwen’s Law significantly impacts how and when a defendant may be released on bail after being arrested for a domestic abuse-related offense. Understanding the implications of this law is essential to navigating the early stages of a criminal defense strategy.

What Is Gwen’s Law? Gwen’s Law was enacted in 2017 in response to a tragic case involving a woman named Gwen Green, who was murdered by her estranged husband shortly after he was released from jail on bond for domestic abuse battery. The law was designed to address the danger that alleged victims of domestic violence can face when accused abusers are released without proper assessment.

Under Article 313, when someone is arrested for a crime of violence against a family or household member—such as domestic abuse battery, stalking, or violation of a protective order—they cannot be released on bail until they appear before a judge for a Gwen’s Law hearing.

What Happens at a Gwen’s Law Hearing? At this mandatory hearing, a judge must determine whether the defendant poses a danger to the victim, the community, or themselves. To do this, the court may: Review the facts of the case Consider the defendant’s criminal history Assess any history of substance abuse or mental health concerns Give the victim an opportunity to be heard Unlike a typical bail setting, the judge has the discretion to impose stricter conditions or even deny bail entirely if the defendant is deemed a significant risk.

Key Conditions That May Be Imposed If the judge allows bail, they can set several specific conditions to ensure the safety of the alleged victim, such as: Electronic monitoring, Firearm surrender, Stay-away orders or no-contact provisions, Substance abuse or mental health evaluations.  Failure to comply with any of these conditions can result in the immediate revocation of bail.

Why This Matters for Defendants Gwen’s Law introduces a more cautious and structured process for releasing individuals accused of domestic violence-related crimes. While the law aims to protect victims, it also presents significant consequences for those accused. The inability to bond out immediately after arrest can impact employment, family responsibilities, and access to legal counsel. That’s why it’s critical to have an experienced criminal defense attorney present at the initial hearing. A strong argument at this early stage can make the difference between remaining in custody or being released under reasonable conditions.

Final Thoughts: Gwen’s Law has reshaped the pretrial process for domestic violence cases in Louisiana. It reflects the serious nature of these charges and the need for early legal advocacy. If you or someone you care about has been arrested under circumstances that trigger Gwen’s Law, don’t wait—speak with a criminal defense attorney who understands how to navigate Article 313 and protect your rights from the very beginning.

When most people think about the effects of a criminal conviction, they focus on the immediate penalties: fines, probation, or incarceration. However, what many fail to consider are the collateral consequences—those indirect but serious ramifications that can follow a person long after their sentence is served. These consequences can affect nearly every aspect of life, from employment to housing to civil rights.

Employment Challenges

One of the most significant collateral consequences of a criminal conviction is its impact on employment. Many employers conduct background checks, and a conviction—even for a minor offense—can make it difficult to secure a job. Certain professions, particularly those requiring professional licenses (such as law, medicine, or finance), may be entirely closed off to individuals with a criminal record.

Housing Barriers

Finding stable housing can also be a challenge for individuals with criminal convictions. Many landlords conduct background checks and may deny rental applications based on an applicant’s criminal record. Public housing authorities have strict regulations that can disqualify individuals with certain convictions, making it even harder for them to secure a place to live.

Loss of Civil Rights

A criminal conviction can lead to the loss of several civil rights, depending on the jurisdiction and the severity of the offense. For example, felony convictions can result in the loss of voting rights, the right to serve on a jury, and the right to possess firearms. While some states allow individuals to restore these rights over time, the process can be lengthy and complex.

Immigration Consequences

For non-citizens, a criminal conviction can have severe immigration consequences, including deportation, denial of re-entry into the United States, or ineligibility for naturalization. Certain offenses, even those considered minor under state law, can trigger mandatory removal proceedings under federal immigration laws.

Family Law Implications

A criminal conviction can also impact family law matters, such as child custody and visitation rights. Courts may consider a parent’s criminal record when determining what is in the best interests of the child, potentially leading to restrictions on custody or supervised visitation arrangements.

Educational Barriers

Many colleges and universities ask about criminal history on applications, and some institutions may deny admission based on a prior conviction. Additionally, individuals with drug-related convictions may be ineligible for federal student financial aid, limiting their ability to pursue higher education.

Professional Licensing and Business Opportunities

A criminal conviction can create obstacles for those seeking professional licenses required for certain careers, such as law, healthcare, or real estate. Additionally, some individuals may face challenges in obtaining business loans or forming partnerships due to their criminal record.

Steps to Mitigate Collateral Consequences

While the collateral consequences of a criminal conviction can be daunting, there are steps individuals can take to mitigate their impact:

• Expungement or Record Sealing: Some convictions may be eligible for expungement or sealing, which can limit public access to the record.

• Restoration of Rights: In some cases, individuals can petition for the restoration of civil rights, such as voting or firearm ownership.

• Employment Assistance Programs: Various organizations help individuals with criminal records find employment opportunities.

• Legal Assistance: Consulting with an experienced criminal defense attorney can help individuals navigate post-conviction challenges and explore options for relief.

Conclusion

The impact of a criminal conviction extends far beyond the courtroom. Understanding these collateral consequences is crucial for individuals facing charges and for those who have already been convicted. If you or a loved one is dealing with these challenges, seeking legal counsel can help you take proactive steps toward rebuilding your future.

We are committed to helping individuals understand their rights and options. Contact us today for a consultation.

In the realm of criminal justice, two terms often surface when discussing clemency: pardon and commutation. While both involve acts of mercy granted to individuals convicted of crimes, they serve different purposes and have distinct legal and practical implications. This article will clarify the key differences between these two forms of clemency.

What Is a Pardon?

A pardon is an act of forgiveness issued by a government authority, typically a president at the federal level or a governor at the state level. It removes legal penalties associated with a conviction and often restores certain rights lost due to the conviction, such as the right to vote, hold public office, or own firearms.

A pardon does not expunge or erase the criminal record; the conviction remains, but the individual is forgiven for the offense. Pardons are generally granted in recognition of good behavior, remorse, or rehabilitation after the conviction. They are also sometimes used to address wrongful convictions or perceived injustices.

Key Features of a Pardon:

• Forgives the offense but does not erase the criminal record.

• Often restores civil rights lost due to the conviction.

• Requires an application or petition in most cases.

• Does not necessarily signify innocence.

What Is a Commutation?

A commutation is a reduction of a sentence that has already been imposed. It does not eliminate the conviction or associated penalties entirely but shortens the punishment. For instance, a commutation might reduce a life sentence to a term of years or convert a death sentence to life imprisonment.

Commutations are often granted to individuals who have demonstrated rehabilitation, served a significant portion of their sentence, or are facing extraordinary circumstances, such as a terminal illness. Unlike a pardon, a commutation does not restore civil rights or forgive the offense—it merely modifies the sentence to make it less severe.

Key Features of a Commutation:

• Reduces the severity of a sentence without nullifying the conviction.

• Does not restore civil rights.

• Often granted in cases of hardship, good behavior, or mitigating circumstances.

• Requires a petition in most cases.

Comparing Pardons and Commutations

Legal and Social Implications

Pardons and commutations reflect a government’s recognition of mercy and justice. However, they are not without controversy. Critics argue that these powers can be misused for political purposes, while proponents emphasize their role in correcting injustices and showing compassion.

Understanding the difference between these two forms of clemency is crucial for anyone navigating the legal system, advocating for criminal justice reform, or seeking relief for themselves or others. Whether through forgiveness or leniency, both pardons and commutations represent the balance between justice and mercy within the criminal justice system.

In the competitive legal landscape of New Orleans, where the stakes in criminal defense are high and clients expect nothing but the best representation, one name has consistently stood out for nearly a decade: Attorney Stephen Hebert. Once again, Hebert has earned the distinction of being recognized as one of the Three Best Rated criminal defense lawyers in New Orleans, marking his 8th consecutive year receiving this prestigious honor.

A Decade of Excellence

Stephen Hebert's inclusion in Three Best Rated’s list is no coincidence. This platform rigorously evaluates local businesses and professionals, ensuring only the most qualified and top-performing individuals earn a spot. Attorneys are assessed on a 50-point inspection that includes factors such as reputation, history, complaints, ratings, satisfaction, trust, cost, and general excellence.

Hebert’s continued recognition is a testament to his unwavering dedication to his clients and the legal community. With a practice that emphasizes personalized legal strategies, he has successfully defended countless individuals facing serious criminal charges, from misdemeanors to complex felonies.

A Commitment to Justice

Stephen Hebert’s philosophy revolves around a client-first approach. He understands the emotional and legal challenges that come with criminal charges, and he tirelessly advocates for his clients at every stage of the process. His thorough preparation, sharp courtroom skills, and compassionate demeanor set him apart as a leader in the field.

Clients frequently praise Hebert for his clear communication, accessibility, and ability to achieve favorable outcomes even in the most challenging cases. Fellow attorneys and judges respect him for his professionalism, integrity, and deep understanding of criminal law.

About Three Best Rated

Three Best Rated is a consumer-oriented platform dedicated to identifying and celebrating the top three businesses and professionals in various industries within a given city. Its meticulous evaluation process ensures that only the best earn the title. For Stephen Hebert, being ranked among the top three for eight consecutive years highlights not only his consistent excellence but also his enduring impact on the New Orleans community.

Looking Ahead

As Stephen Hebert celebrates this milestone, he remains committed to delivering top-tier legal representation. His dedication to defending the rights and freedoms of his clients continues to be a driving force behind his success.

For those in need of a trusted criminal defense attorney in New Orleans, Stephen Hebert’s name has become synonymous with excellence, reliability, and justice. His consistent recognition by Three Best Rated underscores his status as a pillar of the legal community and a champion for his clients.

Final Thoughts

Being recognized as one of the Three Best Rated criminal defense lawyers for the 8th consecutive year is a remarkable achievement that speaks volumes about Stephen Hebert’s expertise and dedication. As he continues to set the bar high for legal excellence in New Orleans, clients and peers alike can look forward to his continued contributions to the field of criminal defense.

Interacting with law enforcement can be a daunting and intimidating experience, especially if you are unaware of your rights. Whether you’re approached as a witness, a suspect, or even as a victim of a crime, one principle remains crucial: never speak to law enforcement without a lawyer present. This isn’t about being uncooperative or evasive; it’s about protecting your rights and ensuring that any statements you make cannot be misconstrued or used against you. Here’s why this advice is essential:

1. The Right to Remain Silent Is Your Shield

The Fifth Amendment of the U.S. Constitution guarantees your right against self-incrimination. This means you are not required to say anything that might implicate you in a crime, even unintentionally. However, simply invoking your right to remain silent isn’t always enough. A lawyer can guide you on what to say—or not say—ensuring your silence isn’t misinterpreted as guilt.

2. Misstatements Can Have Severe Consequences

Even innocent individuals may inadvertently say something that law enforcement can use against them. The stress of being questioned, the complexity of the law, and the pressure to "cooperate" can lead to seemingly harmless errors. A misstatement, inconsistency, or poorly worded answer can raise suspicion, even when there’s no wrongdoing.

For example, if you provide a timeline of your actions and later realize you got a detail wrong, that inconsistency might be seen as a lie, undermining your credibility.

3. Law Enforcement’s Goals May Not Align With Yours

While most police officers act in good faith, their primary objective is to solve crimes and gather evidence. This can sometimes lead them to view you as a potential suspect, even if you approached them voluntarily. Anything you say can be recorded, documented, and potentially used as evidence—whether or not it’s relevant or accurate.

Additionally, officers are trained in interrogation techniques designed to elicit confessions or statements. Without a lawyer to level the playing field, you may inadvertently fall into traps, even if you’re entirely innocent.

4. You May Not Know the Full Context

When law enforcement questions you, they may already have information you don’t. Your answers could unintentionally confirm or contradict their existing evidence. Without understanding the full scope of their investigation, you risk walking into a situation unprepared. A lawyer, however, can gather necessary information and advise you on how to proceed safely.

5. Your Lawyer Ensures Fair Treatment

Having a lawyer present ensures your rights are respected during any interaction with law enforcement. A lawyer can:

• Prevent inappropriate or leading questions.
• Stop questioning if it becomes coercive or violates your rights.
• Advise you on whether to answer specific questions or invoke your right to silence.
• Protect you from agreeing to anything that could harm your case or reputation.

How to Politely Refuse to Speak Without a Lawyer

It’s important to assert your rights respectfully and calmly. If approached by law enforcement, you can say something like:

• “I would like to speak to my lawyer before answering any questions.”
• “I am invoking my right to remain silent and request my attorney.”

This response is not an admission of guilt; it’s a clear, lawful assertion of your rights.

Final Thoughts

Remaining silent and requesting legal counsel is not about obstructing justice; it’s about protecting yourself from potential misunderstandings and ensuring fair treatment. By having a lawyer present, you level the playing field and safeguard your rights. Remember: it’s not about what you say—it’s how what you say can be used.

No matter how confident or innocent you feel, never assume you can navigate an interaction with law enforcement on your own. Trust your lawyer to guide you through the process and ensure your best interests are protected.