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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16622
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My daughter is being investigated for Welfare Fraud. Basically

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My daughter is being investigated for Welfare Fraud. Basically she used our address in Ventura County instead of hers in LA County. She would be eligible in her county. An investigator came to my home yesterday and told me she knew my daughter did not live here, and had me sign a statement stating when my daughter last lived here. The detective said my daughter needs to come ASAP to talk with her. Should she go in and cooperate? Do you think perhaps they will go easy on her if she cooperates? Should we seek legal council?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.

Hello,

 

Your daughter should not discuss this matter with a detective or with anyone else without a lawyer. The prisons and probation rosters are filled with people who thought that the police would go easy with them if they cooperated. Police are allowed to lie, coerce, and deceive legally anywhere but on the stand, says our Supreme Court, in order to get information about a crime. They have no authority to promise a suspect anything. That authority is solely vested in the DA's Office and the DA's office will prosecute a case, or not, as it seems fit without any regard to what police have said.

 

If she doesn't know where to get a lawyer, she can get a low cost referral to a Criminal member of the California bar in good standing by using the Bar Association's Lawyer Referral Service. They pre screen and will get her a half hour consultation, for $50 or less. She can make arrangment with him about the detective and/or any contact from Welfare if she wishes to from there, but she need not retain the lawyer if she doesn't want to.

 

But most importantly, she should not discuss anything with anyone official until she's cleared that with her lawyer who may want to be there. The same goes for you. It will not help your daughter, and it could hurt, to provide well-meaning information that would turn out to be evidence of a possible fraud.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16622
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 8 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
I am satisfied with your answer, however I have a question for you. My second question was asked poorly. Would you have included less info if I did not ask the second question? I could see where your answer/answers all apply to the first question...


Additionally, I noticed an offer of $28.00 for a month in which I can freely ask questions. This was at the bottom of the screen only after my first payment options were displayed. Is it possible that I could pay the 28$ for the month of service and include the questions I just asked?

Expert:  Zoey_ JD replied 3 years ago.

Hi,

 

I would have answered just the same had you only asked the very first question as your questions were all related. No suspect should ever speak to the police about a matter under investigation without first having contacted a lawyer. There isn't a single, experienced criminal lawyer anywhere in this country who will tell you anything different. The police make it awfully easy for a person to want to cooperate with them, but it's a trick. If they were sure they could arrest your daughter right now, they'd come and do it. Since they're NOT sure, giving them any information, could provide just the piece of the puzzle that they need. If you have a half hour to spare, there's a wonderful YouTube segment on this that says it all.

 

As to the subscription , you would have to take that up with Customer Service at info@justanswer.com, but I think you could.



Edited by FranL on 10/14/2010 at 4:39 PM EST

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