Hi Jacustomer,You can try but in my experience, you're unlikely to be successful at keeping the case out of the court. It's a foregone conclusion that you will have to pay back Welfare. But if Welfare turned their file over to the DA's Office for prosecuton, then they also want you punished for this crime.This isn't like civil court, where you can bring about an outside settlement. It's criminal court, which is not about monetary damages but primarily about sanctions for breaking the law.Did Welfare not give you the opportunity for a hearing on this, where you may have been able to set up a payment plan and possibly not be where you are now? I'd definitely have your lawyer talk to the DA. It certainly can't hurt to let them know you'll pay back the overpayment, but I wouldn't get my hopes up too high that you can derail the case altogether. I haven't see that happen around here, which admittedly is not California. But the PD can give you an idea of whether it goes on over there..
I was not given an opportunity from the welfare department for a hearing. The only letter I've received thus far was from the DA's office.
In recent months, I’ve been asked to recertify for food stamps and medi-cal without any mention of there being an issue. Because of me not being given the opportunity to settle this with welfare, can’t I have an attorney request this be settled out of court based on that fact?
No, I haven't signed anything.
Thank you. XXXXX really don't have the money to hire an attorney, do you suggest I contact the Public Defenders office As soon as possible with this information?
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