Criminal Law Questions? Ask a Criminal Lawyer.
-Could you explain your situation a little more?Is this request coming directly from the nursing home or some state agency?
Have you made any statements to anyone up to this point concerning what happened tot eh SS checks?
Sorry, no the Nursing Home is asking for the last six months bank statements. My grandmothers account has often been in the negative and of course some of my household bills and my mortgage have been paid. I just don't know what to say to them. They are asking me for statements for just that last six months I think to figure out where the money has been going. She has been in the facility almost two years and I never had a meeting. Never signed any paperwork and have NEVER paid a cent. I dont want to rock the boat because I am afraid they will dig up old bones from last year. So this year alone would be the last six months of SS checks they are looking for. I just dont want them to TURN ME IN TO a State agency. I truly never signed anything and never had a meeting with them since day one. During a verbal phone call on this past Friday, they asked me "where is the money going", I replied what money. They have also hired a new administrator who also called me this past Friday.
Dear JACUSTOMER - You obviously have a problem but every defense lawyer I know would tell you not to send the nursing home any bank statements. You are going to be reported regardless of whether you send the statements so I see no point in "cooperating" and providing them with all the information they need since it would be the state's burden to prove any case against you. If you send your statements you are giving them all they need on a silver platter. Don't think for a minute that the nursing home is going to make any deals for repayment. They will get their money from the state and the state will be after you so the more evidence you provide will just help them with their case. If you have never signed anything with the nursing home you have no contract with the nursing home and cannot be forced to send them any bank statements.
The best thing you can do is keep quiet and get a lawyer and if you can't afford a lawyer and you are charged with a crime then the court will appoint counsel. Under no circumstances should you talk to anyone about this situation, nursing home or police or the state or anyone except a lawyer.
I'm not trying to scare you but I have to be honest and tell you that this is likely to be a theft offense and a felony so the less amount of information you provide the better chance you will have later of getting a reasonable deal from a prosecutor. Talking to the authorities never, ever helps you and everything you say will hurt you. Every defense lawyer in America will tell you the same thing and once you talk it is too late to take it back. You should simply refuse to send anything to the nursing home. Any future SS checks should be paid to the nursing home and you should direct SS to do so but not comment on where the past checks were going.
I am just trying to do what is best for me and her at this point. If they are going to report me and I pull her out will this make it worse? If I just keep her there do I just ignore the phone calls. Do I send them what they were initially looking for (the copy of her birth certificate and the medicare card) and then what ignore their phone calls and hire an attorney?
Ok and I am sorry for being a pest. In your OPINION only for a person who has never been charged with anything pertaining to theft EVER under the circumstances do you think I would just get probation or can they put me in actual jail?
In my opinion, and under the circumstances, I would guess that you would receive probation. This is why I don't want to see you provide any more information than necessary and why you need to get a lawyer if you are ever charged with a crime. The more information they have the more you will be charged with and give your attorney less to bargain with. In the end you want to be able to plead to the least amount of charges and that in turn will result in a better chance of getting probation.
BTW - you are not a pest as that is why I am here. I know you are under a lot of stress with all of this but you have to keep a level head and work through it with the least amount of damage.
Please believe me when I say that I'm not here to judge you. I completely understand what happened. Yes you can pull her out as that is your prerogative at anytime but it will not make the problem go away. I'm quite certain that this has already been reported to Medicaid or at least will be regardless of what you do from now on. The usual way of handling this is that someone would contact you from Medicaid, not the police and until they have evidence to charge you with something there would be no indictment. What they want is for you to tell them what you have told me and then they will file the charges. I can't promise the police will not show up but generally, if charges are filed they would either call you in or send you something by certified mail to appear. If and when that happens you need to appear but DO NOT make any statements and simply tell them you want an attorney. I can't stress that enough.