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.
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:
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Expungement or Record Sealing: Some convictions may be eligible for expungement or sealing, which can limit public access to the record.
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Restoration of Rights: In some cases, individuals can petition for the restoration of civil rights, such as voting or firearm ownership.
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Employment Assistance Programs: Various organizations help individuals with criminal records find employment opportunities.
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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:
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Forgives the offense but does not erase the criminal record.
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Often restores civil rights lost due to the conviction.
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Requires an application or petition in most cases.
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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:
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Reduces the severity of a sentence without nullifying the conviction.
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Does not restore civil rights.
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Often granted in cases of hardship, good behavior, or mitigating circumstances.
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Requires a petition in most cases.
Comparing Pardons and Commutations
| Aspect |
Pardon |
Commutation |
| Purpose |
Forgiveness of the crime and restoration of rights |
Reduction of sentence severity |
| Effect on Conviction |
Does not erase the conviction |
Conviction remains unchanged |
| Restoration of Rights |
Often restores civil rights |
Does not restore rights |
| Eligibility |
Typically post-conviction and post-sentence |
Can be granted during imprisonment |
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.
