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Super Lawyers is a rating service that identifies outstanding lawyers from more than 70 practice areas. The selection process involves a combination of peer nominations, evaluations, and independent research. Candidates are evaluated based on factors such as professional achievement, peer recognition, and other criteria specific to their practice areas.
The Super Lawyers list is published annually and is designed to provide a credible resource for individuals seeking legal representation. It is intended to showcase exceptional attorneys who have demonstrated a high level of professional achievement and peer recognition. Super Lawyers also publishes a separate Rising Stars list, which recognizes up-and-coming attorneys who are 40 years old or younger or who have been in practice for 10 years or less.
Being named to the Louisiana Super Lawyers list can be considered a significant accomplishment for attorneys. Inclusion in the Super Lawyers list is often viewed as a recognition of a lawyer's professional achievements, reputation, and expertise within their practice area. It signifies that the attorney has been identified through a rigorous selection process that involves peer nominations, evaluations, and independent research.
Stephen Hébert is a New Orleans based sole-practioner, defending clients in criminal matters across Louisiana. After working at the Louisiana Third Circuit Court of Appeal, the Orleans Parish District Attorney’s Office and a highly regarded commercial litigation firm, Hébert started his private practice in July 2010 and Super Lawyers quickly took note of Hébert’s outstanding abilities in criminal defense. Super Lawyers named Hébert a Rising Star in 2012 and 2013. In 2023, Hébert’s was named to Louisiana Super Lawyers for the tenth consecutive year (2015-2024). While criminal defense comprises most of his practice, Hébert's current practice areas additionally include general civil litigation and personal injury (plaintiff).
Under Louisiana criminal law, a Bill of Information is a formal charging document used in lieu of a grand jury indictment. It outlines the criminal charges against a defendant and provides details about the alleged offenses. This streamlined process is common for less serious offenses, and it allows prosecutors to bring charges without convening a grand jury. However, when the alleged offense carries a mandatory life sentence, the District Attorney must indict by grand jury.
There are several exceptions to the hearsay rule, which allow hearsay evidence to be admitted in court under certain circumstances. These exceptions vary by jurisdiction, but some of the common ones include:
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Statements by Party-Opponents: Statements made by a party to the case (or their agents) can often be admitted as evidence against that party. This is based on the principle that a party cannot benefit from their own statements if those statements are detrimental to their case.
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Excited Utterances: Statements made by a person who is under the influence of the excitement or shock caused by an event are typically considered reliable and admissible as hearsay exceptions. The idea is that the declarant's emotional state ensures the statement's trustworthiness.
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Present Sense Impression: Statements describing or explaining an event or condition made while the declarant is perceiving it or immediately thereafter are admissible. This exception is based on the belief that such statements are more likely to be accurate.
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Statements for Medical Diagnosis or Treatment: Statements made to medical professionals for the purpose of diagnosis or treatment are often admissible. This includes both past medical history and statements about the patient's current condition.
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Business Records: Records maintained in the regular course of business, such as invoices, receipts, and employment records, can be admitted as evidence if they were created in a reliable and systematic manner.
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Dying Declarations: Statements made by a person who believes they are about to die, and the statement concerns the cause or circumstances of their impending death, can be admitted. This exception is based on the assumption that individuals are unlikely to lie when facing imminent death.
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Prior Inconsistent Statements: A prior statement made by a witness that is inconsistent with their current testimony can be introduced to impeach their credibility. However, it's typically not introduced as substantive evidence to prove the truth of the statement.
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Admissions Against Interest: Statements made by a person that are against their own legal or financial interest can be admitted as an exception to the hearsay rule. This includes confessions and statements against one's proprietary or pecuniary interest.
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Official Records and Public Documents: Government records, public documents, and records of vital statistics are generally admissible as exceptions to hearsay when properly authenticated.
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Catch-All or Residual Exception: Some jurisdictions have a catch-all or residual hearsay exception that allows for the admission of hearsay evidence if it has guarantees of trustworthiness and is necessary for a fair trial. This is often subject to judicial discretion.
These are just some of the common exceptions to the hearsay rule, and their application can vary depending on the specific circumstances of the case and the jurisdiction in which the case is being tried. Legal practitioners and judges carefully consider the rules of evidence and relevant case law when determining the admissibility of hearsay evidence.
Most people hope to not need them. But, when they do, they want the good ones on their side. To this end, New Orleans Magazine publishes an annual list of Top Lawyers; and, it, once again, named Stephen Hébert one of the top attorneys in criminal defense. The list was prepared by Detroit-based Professional Research Services.
Professional Research Services provided this explanation of its methodology: The voting was open to all licensed attorneys in New Orleans. They were asked which attorney, other than themselves, they would recommend in the New Orleans area. Each attorney was allowed to recommend up to three colleagues in each given legal specialty. Once the online nominations were complete, each nominee was carefully evaluated on the basis of the survey results, the legitimacy of their license and their current standing with the State Bar Association of Louisiana. Attorneys who received the highest number of votes in each specialty are reflected in the list.
This will be Hébert’s ninth appearance as a Top Lawyer. He previously appeared in 2012, 2013, 2014, 2015, 2017, 2020, 2021 and 2022.
Hearsay evidence is a legal term that refers to an out-of-court statement or assertion made by someone other than the person testifying in court, which is offered as evidence to prove the truth of the matter asserted in the statement. In other words, it is a statement made by a person who is not testifying in the current legal proceeding but is being presented in court to prove that what was said in the statement is true.
Hearsay evidence is generally not admissible in court because it is considered less reliable than firsthand testimony. The rationale behind the hearsay rule is that when someone repeats what another person said, there is a greater likelihood of inaccuracies, misinterpretations, or dishonesty compared to when a witness testifies based on their own firsthand knowledge.
However, there are exceptions to the hearsay rule, and in certain circumstances, hearsay evidence may be admitted in court. These exceptions vary by jurisdiction but often include statements made by a party-opponent, statements made for medical diagnosis or treatment, statements made under oath in a prior proceeding, and statements made in the regular course of business records, among others.
It's important to note that the rules regarding hearsay evidence can be complex, and their application may depend on the specific legal jurisdiction and the circumstances of the case. Attorneys and judges are responsible for determining whether hearsay evidence should be admitted or excluded in a particular legal proceeding based on the applicable laws and rules of evidence.
In Louisiana, the district attorney generally has 60 days from the date of arrest to formally charge a person with a crime. This period is outlined in Louisiana Code of Criminal Procedure Article 701, which states:
"An arrested person who is not formally charged by bill of information within sixty days of arrest shall be released from custody, unless the delay is caused by the accused, or unless another delay is authorized by Article 707.1 or 708.1, or unless the accused is charged with a capital offense."
However, it's important to note that there can be exceptions and circumstances that may lead to delays in formal charging. These exceptions might include situations where the accused is involved in other legal proceedings, is facing additional charges, or if there are other complicating factors in the case. It's advisable to consult with an attorney for specific legal advice related to a particular case, as the application of the law can vary based on the specific details and circumstances involved.
Under Louisiana criminal law, voluntary intoxication and involuntary intoxication are treated differently in terms of their impact on criminal liability.
Voluntary Intoxication: Voluntary intoxication refers to the situation where a person becomes intoxicated willingly or knowingly by consuming alcohol, drugs, or any other substances. In Louisiana, voluntary intoxication is generally not a defense to general intent crimes. This means that if a person commits a crime while voluntarily intoxicated, they cannot use their intoxicated state as a defense to avoid criminal liability. The idea is that individuals should be held responsible for their actions, even if they were impaired due to their own choices. However, voluntary intoxication can still be used as a defense to any specific intent crimes.
Involuntary Intoxication: In contrast, involuntary intoxication occurs when someone becomes intoxicated without their knowledge or against their will. This could happen, for example, if someone is unknowingly given a drink containing drugs or alcohol. In Louisiana, involuntary intoxication can be considered as a valid defense to criminal charges. If a defendant can show that they were involuntarily intoxicated at the time of the crime, it may potentially negate their criminal intent or responsibility for the act.
It's important to note that the applicability and success of any defense, including voluntary or involuntary intoxication, may depend on the specific circumstances of the case and how the law is interpreted by the courts. Criminal cases can be complex, and legal advice from a qualified attorney is crucial for anyone facing criminal charges or seeking to understand the potential defenses available to them.
Stephen Hébert has received the Client Champion Platinum award from Martindale-Hubbell. The Martindale-Hubbell Client Champion Platinum award is a recognition program that honors attorneys who excel at providing excellent client service. The award is based on client feedback and reviews, as well as ratings given by peers in the legal profession.
To be eligible for the award, attorneys must have a minimum of 10 client reviews and an average rating of 4.5 or higher on a scale of 1-5. Additionally, they must have been reviewed within the last two years and be in good standing with their state bar association.
The Client Champion Platinum award is the highest level of recognition in the Martindale-Hubbell Client Champion program. It indicates that an attorney has demonstrated exceptional service to their clients and has consistently received high ratings and positive reviews.
Martindale-Hubbell had previously recognized Hébert’s outstanding abilities with an AV-Preeminent peer review rating and a Client Champion Gold award.
"Diminution of sentence" and "parole" are two distinct concepts in the context of criminal law and sentencing.
Diminution of sentence generally refers to a reduction in the length or severity of a person's sentence. This reduction can occur through various means, such as good behavior credits, participation in rehabilitation programs, or other legal provisions. It is a mechanism that allows individuals to earn a reduction in their sentence and potentially be released earlier than the originally imposed term.
Parole, on the other hand, is the conditional release of a prisoner before the completion of their full sentence. It involves supervision and monitoring by parole officers and adherence to certain conditions. Parole is typically granted after a person has served a portion of their sentence and is deemed suitable for reintegration into society. It is an opportunity for individuals to complete their sentence outside of prison while under supervision.
While both diminution of sentence and parole can lead to a shorter period of incarceration, they differ in certain aspects. Diminution of sentence primarily focuses on reducing the actual length of the imposed sentence, whereas parole allows for conditional release before the completion of the full sentence, provided certain criteria are met.
It is important to note that the specific processes, criteria, and terminology related to diminution of sentence and parole may vary across jurisdictions. Therefore, it is essential to consult the laws and regulations of the specific jurisdiction in question for accurate and up-to-date information on these concepts.