The right to compulsory process in the context of a criminal trial is a fundamental principle of the legal system, particularly in common law jurisdictions like the United States. It essentially grants the defendant the right to compel the attendance of witnesses and the production of evidence that may be favorable to their case. This right is enshrined in the Sixth Amendment to the United States Constitution, which states that the accused shall enjoy the right "to have compulsory process for obtaining witnesses in his favor."   In practice, this means that if a defendant believes that ce ..read more

The constitutional right to a trial when accused of a crime is a fundamental aspect of due process and fairness within the legal system, particularly in jurisdictions influenced by common law principles. In the United States, this right is enshrined in the Sixth Amendment to the Constitution, which states:   "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature an ..read more

The Fifth Amendment to the United States Constitution protects individuals from being compelled to incriminate themselves in a criminal case. This means that a person cannot be forced to testify against themselves in court, and it also extends to other situations where self-incrimination might occur, such as during police interrogation. It's commonly referred to as the right against self-incrimination or the right to remain silent.   For an incriminating statement to be admissible at a criminal trial, it must meet certain legal standards. Here are some factors that determine admissibility ..read more

The right to counsel in connection with criminal cases is a fundamental legal principle that ensures individuals accused of a crime have the right to be represented by an attorney during various stages of the criminal justice process. This right is often considered a fundamental human right and is recognized in many legal systems around the world, including the United States where it is enshrined in the Sixth Amendment to the U.S. Constitution. Key aspects of the right to counsel include: Legal Representation: Individuals accused of a crime have the right to have an attorney represent them a ..read more

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.     ..read more

The admissibility of character evidence at trial depends on the jurisdiction and the specific rules of evidence governing the proceedings. In many legal systems, including the United States, character evidence is generally subject to restrictions and may be admissible or inadmissible based on the purpose for which it is offered.   Character Evidence for Propensity: Generally, evidence of a person's character to prove that they acted in conformity with that character on a particular occasion is not admissible. This is known as propensity evidence. For example, introducing evidence that a ..read more

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:   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. Excited Utterances: Statements made by a person who is under the influence of the excitement or shock ..read more

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 at ..read more

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 w ..read more

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 circums ..read more