Criminal Law Questions? Ask a Criminal Lawyer.
Good evening. I'll be assisting you with your question.
Receiving benefits a person knows he or she is not entitled to receive can be criminally prosecuted as felony theft.
How much money was improperly received?
how do you defend yourself from that so you don't go to jail?
I would say 6,000 was received improperly
Has the person ever been in trouble before?
no record or criminal history
OK. Even if this person was prosecuted and convicted, it is very unlikely that a judge would sentence them to jail time over $6000. In the grand scheme of things, that is a relatively small amount.
That said, a felony conviction by itself can impact a person, especailly a theft conviction.
how long would it be on someone's record?
would there be a way to solve the issue before a conviction took place?
It would be on the person's record forever.
If the police investigate and determine the person was receiving benefits when they knew they should not, the situation is what it is. The best thing the person could do is be prepared to pay back the money if an investigation begins. The police and DA are much, much less willing to go forward if the money has all been paid back.
How can you make arrangements to pay the money back, or what's the best way to approach the state or whoever with that offer?
The person should wait until the state contacts them. The person should not admit to anything, but offer to pay the money back.
so far all i know that's happend is the state sent a wage verification form to my employer requesting weekly earning reports
You should wait until they contact you.
if you make arrangements to pay the money back before the investigation gets too deep, can you avoid a conviction?
It can help.
would the current employer, whom you didn't file unemployment with, find out about this other than the wage verification sheet?
so if the state sends a determination summary saying they conclude that you have received unemployment benefits improperly, then you should offer to make arrangements to pay back?