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The federal sentencing guidelines are a set of rules and principles used in the United States federal court system to determine the appropriate sentences for individuals convicted of federal crimes. They provide a structured framework that judges use to calculate the recommended sentencing range based on various factors related to the offense and the defendant's characteristics.
Here are the key elements and steps involved in the federal sentencing guidelines:
- Offense Level: Each offense is assigned a base level, which reflects its seriousness. Additional offense levels can be added based on specific factors such as the amount of loss or drugs involved, the use of violence, or the defendant's role in the offense.
- Specific Offense Characteristics: The guidelines include specific offense characteristics that may increase or decrease the offense level based on factors such as the victim's vulnerability, obstruction of justice, or use of a firearm during the commission of a crime.
- Adjustments: Adjustments are made to the offense level based on factors such as the defendant's acceptance of responsibility, role in the offense, or cooperation with law enforcement.
- Criminal History: The defendant's criminal history is taken into account to determine the criminal history category, ranging from I (lowest) to VI (highest). The category is determined based on the number and severity of prior convictions.
- Sentencing Range: The offense level and criminal history category are combined to establish a recommended sentencing range. This range is determined by referring to a sentencing table provided in the guidelines.
- Departures and Variances: In certain cases, the judge may depart from or vary the recommended sentencing range. Departures involve moving away from the guidelines based on specific circumstances mentioned in the guidelines themselves, while variances allow the judge to consider other factors not explicitly listed in the guidelines.
It's important to note that the federal sentencing guidelines are advisory rather than mandatory since a Supreme Court decision in 2005. However, they still significantly influence judges' decisions in federal sentencing, and judges must provide an explanation if they deviate substantially from the recommended range.
It's also worth mentioning that the guidelines underwent significant changes in 2018, with a focus on giving judges more discretion and reducing mandatory minimum sentences for certain offenses. Therefore, for the most up-to-date information, it's recommended to consult the official resources and guidelines of the United States Sentencing Commission (USSC).
If you fail a breath test while driving while under the influence (DWI) of alcohol or any controlled dangerous substance in Louisiana, you may face both administrative and criminal penalties.
Administrative Penalties:
- If you refuse to take a breath test, your driver's license will be immediately suspended for a minimum of one year.
- If you take the test and your blood alcohol concentration (BAC) is 0.08% or higher, your license will also be suspended for a minimum of 90 days.
These administrative penalties can be challenged if the proper paperwork is submitted within thirty (30) days.
Criminal Penalties:
- For a first offense DWI with a BAC of 0.08% or higher, you may face up to 6 months in jail, a fine of up to $1,000, and a driver's license suspension of up to 1 year.
- For a second offense DWI within 10 years, you may face up to 6 months in jail, a fine of up to $2,000, and a driver's license suspension of up to 2 years.
- For a third offense DWI within 10 years, you may face up to 5 years in jail, a fine of up to $2,000, and a driver's license suspension of up to 3 years.
It's important to note that these penalties can vary depending on the circumstances of the DWI offense. Additionally, Louisiana has a zero-tolerance policy for drivers under the age of 21, meaning that if you are under 21 and have a small amount of alcohol in your system, you may face penalties such as a license suspension and community service.
Stephen Hébert has received the Client Champion Gold award from Martindale-Hubbell. The Martindale-Hubbell Client Champion Gold 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 Gold 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.
It is possible to be arrested for Driving While Intoxicated ("DWI") in Louisiana after smoking marijuana. Louisiana law prohibits driving while under the influence of any substance that impairs your ability to safely operate a vehicle. More particularly, a driver can be charged with a DWI if their blood alcohol concentration (BAC) is 0.08% or higher or if they are impaired by any substance, including marijuana. Thus, Louisiana law considers someone to be "impaired" if their ability to drive safely is compromised by the substance they have consumed, regardless of whether it is alcohol, marijuana, or any other substance.
It is also important to note that Louisiana has a "zero-tolerance" policy for drivers under the age of 21. This means that a very small, detectable amount of alcohol or drugs in their system can result in a DWI charge.
In summary, if you are driving in Louisiana and have smoked marijuana, it is important to be aware of the potential impairment it may cause and avoid driving if you feel impaired in any way. If you are stopped by law enforcement and suspected of driving while impaired, you could be charged with a DWI.
In Louisiana, you have a right to a jury trial if you are charged with a crime that carries a potential sentence of imprisonment for more than six months. This right is guaranteed by both the United States Constitution and the Louisiana Constitution.
The Sixth Amendment of the United States Constitution guarantees the right to a jury trial in criminal cases. In Louisiana, Article I, Section 17 of the state constitution also guarantees the right to a trial by jury in criminal cases.
Therefore, if you are charged with a crime that carries a potential sentence of more than six months in Louisiana, you have the right to request a jury trial. However, if you waive your right to a jury trial, you may be able to have a trial before a judge alone. It is important to consult with an experienced criminal defense attorney in Louisiana to determine the best course of action for your case.
Under Louisiana law, the main difference between a felony and a misdemeanor is the severity of the offense and the potential punishment.
A felony is a serious criminal offense that carries a potential sentence of more than one year in prison. Examples of felonies in Louisiana include murder, rape, armed robbery, and certain drug offenses. Felonies are classified into different classes based on the severity of the offense, with first-degree being the most serious.
Misdemeanors, on the other hand, are less serious criminal offenses that carry a potential sentence of up to one year in jail. Examples of misdemeanors in Louisiana include simple assault, petty theft, and certain traffic violations.
In addition to the potential length of incarceration, other differences between felonies and misdemeanors include the types of fines that can be imposed, the right to vote, and the ability to possess firearms.
It is important to note that the classification of a criminal offense as a felony or a misdemeanor can vary from state to state, and even within the same state, depending on the specific circumstances of the case.
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 eighth appearance as a Top Lawyer. He previously appeared in 2012, 2013, 2014, 2015, 2017, 2020 and 2021.
Click here to review the list.
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.
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 2022, Hébert’s was named to Louisiana Super Lawyers for the ninth consecutive year (2015-2023). While criminal defense comprises most of his practice, Hébert's current practice areas additionally include general civil litigation and personal injury (plaintiff).
Click here to review Stephen Hébert’s full profile at Super Lawyers.
We are humbled to announce that Stephen Hébert is, once again, among the Three Best Rated® criminal defense attorneys in New Orleans.
Three Best Rated® was created with a simple goal to find the top 3 local businesses, professionals, restaurants, health care providers, etc., in a particular city. Businesses do not pay for this award. Rather, only businesses that are verified through a rigorous 50-Point Inspection, which includes everything from checking reputation, history, complaints, ratings, satisfaction, nearness, trust, cost and general excellence, are displayed since customers deserve only the best.
This is the fifth consecutive year that Hébert has received this honor.
Doug Mentes, Esq. consulted Stephen Hébert to write an article recently published in Super Lawyers Magazine. This article, Do I Have to Consent to a Police Search of My Car, addresses many questions that could arise in the course of routine traffic stop. Yet, a search of a vehicle is normally a complex, fact-specific legal issue. To this end, we would encourage anyone who has been arrested as the result of a traffic stop to seek the advice of an experienced criminal defense attorney. We would also encourage everyone to be polite whenever interacting with any member of law enforcement.