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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 21077
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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im being charged for a WI10990c, this is my first offense

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i'm being charged for a WI10990c, this is my first offense and i just want to be prepared for the outcome. will i go to jail? is this a felony? how long does court proceedings last?-it's hard for me to get time off work. i'm afraid of losing my current job, we might be bought out and i'm afraid it will show when i have to fill out a new application and background check.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 4 years ago.
HiCustomer

Thank you for using Just Answer. The CA Welfare and Institutions Code does not have a Section 10990. Can you double-check the charge? Either the name of the offense or the code number is XXXXX

Thanks.
Customer: replied 4 years ago.
sorry it was a typo, it was for wi 10980 c fraud to obtain welfare over $400.i received a letter by mail to go to court tomorrow..i was never arrested. it stated the offense happened in oct.2008. i'm in school and finishing up my accounting degree, i'm afraid this will be a mark on my record and make it hard for me to find a decent job...thank you.
Expert:  Lucy, Esq. replied 4 years ago.
Ok. Violation of W&I Code Section 10980 is a misdemeanor. The maximum penalty is six months imprisonment and a fine of $500. It may show up on a background check, however, if you are asked if you have been convicted of a felony, you can say no.

It's hard to say how long the proceeding will last, because it depends on a number of factors, including how many people are on the list ahead of you. It could take a few hours. When you get to court, you can talk to the DA. If the DA is not seeking jail time (which, for a first offense, he probably will not), and you choose to plead guilty, the court will sentence you then and there, which means you don't have to go back. If you plead not-guilty, you will have to go back for the trial. If the DA does not waive the possibility of jail time, you will have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.

I hope that helps.
Customer: replied 4 years ago.
thank you, XXXXX XXXXX a misdemeanor even though it states felony on the letter i received? i feel that i am NOT guilty, i can't afford an attorney and want to fight it. however, i'm with a company that frowns upon taking time off being that i just started and i'm hoping that when i finish up with my degree i can move up in the department.

i want to just plead to get it over with and pay back what they want/demand and want to avoid jail time but i'm afraid pleading will leave a mark on my background for future jobs..thank you for your time.
Expert:  Lucy, Esq. replied 4 years ago.
The charge would be a felony if the amount allegedly obtained were over $950, but you said the amount is only $400, which should make it a misdemeanor, unless there are multiple counts that the DA is adding together.

At the initial appearance, the court will tell you whether you are entitled to a court-appointed attorney. If you are willing to plead guilty and pay back the amount, even if they are pursuing a felony, an attorney may be able to get it knocked back down.

As far as your background, pleading will not have a different effect than a guilty verdict, except to the extent that you could get a misdemeanor by pleading guilty, but would be charged with a felony if you went to trial. But, again, unless I misunderstood the amount, or there are multiple counts, it should only be a misdemeanor, and would show on your record as such either way.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 21077
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 5 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
thank you, XXXXX XXXXX states fraud to obtain welfare over $400, but I went online and it's classified as a felony. since the date range from oct 08-jan 10 like they said it will be over $950..

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Lucy, Esq.
Lucy, Esq.
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Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.