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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24065
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have been charged with fraud by social services(employment

Customer Question

I have been charged with fraud by social services(employment supplement)for 9389.00. I paid this back on Monday for the whole amount . I went for my court date on Wednesday its been adjourned till March 22. I have no criminal record until now . What do u think my court outcome will be?AndreA
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.

Hello,

In my experience, once a benefits fraud matter gets to the point where it is filed in court with the prosecutor, the case will not be dismissed just because you paid back the money that you were never entitled to in the first place. The government is going to want to hold you criminally reqponsible for your unlawful act.

Typically, however, even though this is a felony charge and prison is possible, you'll be offered a chance to accept a plea bargain where you'll be sentenced to probation. You don't have to take the deal, of course. If you think you have a defense to the charge you can fight the case all the way to trial. However, if you lose the trial, probation won't be available to you any more, and you could expect an incarceratory sentence.

Customer: replied 10 months ago.
I understand that completely , I'm just wondering what will happen
Expert:  Zoey_ JD replied 10 months ago.

What generally happens is that the prosecutor is going to want to indict this as a felony but will make you a pre indictment offer and a promise of probation upon a plea to the charges.

The government's been cracking down hard on benefits fraud cases, so I don't expect that there will be any way that you're going to come out of this case without a criminal record. However, with a lawyer involved and since you've paid everything off completely, sometimes the state is willing to reduce the charge to a misdemeanor and place a defendant on misdemeanor probation, if you want the deal

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