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Legal-Guru, Criminal Justice Lawyer
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My daughter was fraudulently claiming unemployment benefits

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My daughter was fraudulently claiming unemployment benefits in her sig. others name for a total of about 2400.00. Will paying the money back keep her out of jail
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Legal-Guru replied 11 months ago.
Welcome to JustAnswer. Has she been arrested, charged with a crime or contacted by the police or other entity about this?
Customer: replied 11 months ago.


not yet, law enforcement has not yet been notified. County is steuben

Expert:  Legal-Guru replied 11 months ago.
Thank you for the additional information. You say "not yet". Are they going to be? I am trying to ascertain if this has been detected by someone or not.
Customer: replied 11 months ago.


unemployment is aware that benefits have been received, her sig. other will have to report what has happened tomorrow (Monday) there is a current investigation into his case. She has been claiming benefits for approx. 6 weeks, I just need to know what to expect, when charges are filed, I was hoping if I helped her pay the monies back it would lighten the charge

Expert:  Legal-Guru replied 11 months ago.
Alright, thank you. I wanted to get a complete view of the situation.

Paying the money back does not undo the crime, but it may very well lessen the chances of her being prosecuted for it. From a practical perspective if the money is paid back upfront the investigator could choose not to forward it to prosecutors for prosecution or the prosecutor could choose not to prosecute it. There is no guarantee of that though without an express agreement.

Ideally, she would immediately hire a criminal defense attorney who could attempt to negotiate that in return for repayment with the prosecution and/or investigators. I realize that hiring an attorney costs money as well but she will have to anyway if she is charged. She should not talk with investigators without an attorney representing her being present. Most attorneys will counsel her to not to talk to investigators at all.

If charges are filed, she will likely be arrested and a bond amount set on the warrant. She can then use a bondsman to post her bond or post a cash bond in the total amount if she has the funds. She will then have to hire an attorney or apply for a court appointed one. She will likely have multiple court dates until she, through her attorney, and the prosecutor work out a plea agreement. If they cannot, then the case will be set for trial. The vast majority of the time these cases are resolved through a plea agreement for probation and restitution.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1355
Experience: Experienced Criminal Trial Attorney since 1998.
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