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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88677
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I may need to have an attorney to represent me if I get charged

Resolved Question:

I may need to have an attorney to represent me if I get charged with fraud. Right now I just need to know how I get everything in place in case they press the issue. I will also need to know how to respond and what to expect. A general idea of lawyer fees would also be helpful.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
Please explain what is going on so that we can give you the proper information?
Customer: replied 2 years ago.

I’m not sure you got my last email when you asked for more detail.

Less than a year ago, I plead guilty and was convicted of DUI.

I married into a situation where I wasn’t sure of where I stand with the state on a case of state assistance. I married my wife one year ago this month. She is a naturalized citizen. She legally brought her mother over here and she became a permanent resident back in Dec of 2006. The mother was legally able to and was collecting Old Age Pension from the state of Colorado. The state discovered many documented aliens collecting OAP and discontinued this help until the resident was in the country for 5 years or more. The mother has been in the country for five years as of December 5, 2011. The mother had a case worker 18 months ago that said she would be eligible for OAP when she gets to her five year anniversary as a permanent resident. During this whole situation, my wife got divorced and I remarried her. My wife lost her sponsorship paperwork that stated she was her mother’s sponsor. We since applied for and received the paperwork showing my wife was the sponsor. The original OAP the mother was collecting, to my knowledge, was not related to anyone’s income. This is why I “neglected” to add my income to the application for the mother to get back on OAP. Now I’m being investigated for fraud. How the hell did I get into this during the state law changes and divorces and marriages and the whole mess, I’ll never know. The mother live in an apartment that the daughter has been paying for the last 18 months. The daughter and my finances are pretty much separate and we filed in 2010 taxes as single. Do you need anything else?

Joe

Expert:  Law Educator, Esq. replied 2 years ago.
No, I am afraid that I just received this reply only. If you are being investigated because you did not include your income to the application, then you absolutely need an attorney because, while most times they only want a return of the money, the cases are all presented to the US attorney or the DA for review and if you say the wrong thing in the interview then you can be arrested. An attorney representing you at this point can at lease negotiate a settlment of any potential issues without having you implicate even accidentally in a criminal offense.


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Customer: replied 2 years ago.
In my original question, it asked about what I could expect for lawyer fees.
Will the law inforcement come to my place of work and arrest me? I said that I had a DUI less than a year ago. I'm on probation.
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry for missing that part. First, an attorney is going to want at least $2500 retainer to represent you and will charge you about $150-$200 per hour for representation. Because you are on probation, if you are charged your probation will be revoked and you can go to jail on your original charge as well as face up to 5 years jail time for this fraud. They could come to your work to arrest you, but most times they will give you notice and give you an opportunity to surrender yourself to them so they do not have to come out to arrest you.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88677
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 6 other Criminal Law Specialists are ready to help you

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