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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23597
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Williams and my question is about welfare fraud

Customer Question

***** ***** Williams and my question is about welfare fraud
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes yesterday I got a call from my case worker saying an investigator will be coming to my house (she found out he has utilities here in his name) so now she seems to think my child's father lives with me and at one point he did but before our baby was born we split now I'm not sure what to do should I just let them in and talk to them or hire a lawyer first
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Submitted: 7 months ago.
Category: Criminal Law
Customer: replied 7 months ago.
*She found out my child's father has utilities at my home in his name*
Expert:  Zoey_ JD replied 7 months ago.
Hello, Unfortunately, welfare investigators are able to make home visits to determine whether the information you provided thim with is correct. They need some reason to do this, which it appears they have with the utility bills. They are not required to have a warrant. If you don't let them in, they will go with the information they have and they may presume that you are committing fraud. If they do let you in and see no evidence that your baby's father is living with you, on the other hand, that could resolve the problem. Basically, courts have upheld these visits as Constitutional. If you expect your benefits to continue, you'll have to let the investigator in. Yes, you can involve a local lawyer if you feel that this may go badly for you.
Customer: replied 7 months ago.
Are they allowed to search my home?
Expert:  Zoey_ JD replied 7 months ago.
Yes. They are. What state are you in?
Customer: replied 7 months ago.
PA
Expert:  Zoey_ JD replied 7 months ago.
In many states, you have to let these investigators in. In others, you're entitled to make them get a warrant to enter your house and to search. I find nothing on point in Pennsylvania as to where they stand on this issue. Ultimately, they are going to come in and search, one way or the other. But given that they are looking for evidence of fraud and what you have to say to them could be incriminatlng, you can ask them to get a warrant and you can have a lawyer with you if they want to question you.