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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 484
Experience:  Attorney and Counselor at Law
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I gave flase paycheck stubs to get ebt. They sent me a

Customer Question

I gave flase paycheck stubs to get ebt. They sent me a notice asking me for the correct pay stubs, I sent them because they said if I did't they would contact my employer. I'm scared I'm in trouble for fraud. What do think I should do?
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I never done anything criminal before. I changed my work statis to full time and was afriad I would lose my medical coverage so I gave false info on 2 reports
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 month ago.

Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.

Expert:  Colleen Grady replied 1 month ago.

When you say EBT, do you mean an Electronic Benefit Transfer?

Also, were the false reports made to the government or your job?

Expert:  Colleen Grady replied 1 month ago.

Was this for SNAP benefits?

Customer: replied 1 month ago.
snap benefits, no false reports were made to government.
Customer: replied 1 month ago.
No
Customer: replied 1 month ago.
I went from part to full time and my income changed. Then when the new report came in I gave them the a false one. I have never been in trouble before.
Customer: replied 1 month ago.
Please help. I'm not sure what to do if they ask me to come down for a hearing.
Expert:  Colleen Grady replied 1 month ago.

You may consider contacting an attorney in your area. You can be charged with Welfare Fraud. Here is the law:

WELFARE AND INSTITUTIONS CODE
SECTION 10980

10980. (a) Any person who, willfully and knowingly, with the intent to deceive, makes a false statement or representation or knowingly fails to disclose a material fact in order to obtain aid under the provisions of this division or who, knowing he or she is not entitled thereto, attempts to obtain aid or to continue to receive aid to which he or she is not entitled, or to receive a larger amount than that to which he or she is legally entitled, is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period of not more than six months, by a fine of not more than five hundred dollars ($500), or by both imprisonment and fine.

(c) Whenever any person has, willfully and knowingly, with the intent to deceive, by means of false statement or representation, or by failing to disclose a material fact, or by impersonation or other fraudulent device, obtained or retained aid under the provisions of this division for himself or herself or for a child not in fact entitled thereto, the person obtaining this aid shall be punished as follows:

(1) If the total amount of the aid obtained or retained is nine hundred fifty dollars ($950) or less, by imprisonment in the county jail for a period of not more than six months, by a fine of not more than five hundred dollars ($500), or by both imprisonment and fine.

(2) If the total amount of the aid obtained or retained is more than nine hundred fifty dollars ($950), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine; or by imprisonment in the county jail for a period of not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both imprisonment and fine. (g) Any person who knowingly uses, transfers, sells, purchases, or possesses CalFresh benefits, electronically transferred benefits, or authorizations to participate in the federal Supplemental Nutrition Assistance Program in any manner not authorized by Chapter 10 (commencing with Section 18900), of Part 6, or by the federal Food Stamp Act of 1977 (Public Law 95-113 and all amendments thereto) or the Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.)

(1) is guilty of a misdemeanor if the face value of the food stamp benefits or the authorizations to participate is nine hundred fifty dollars ($950) or less, and shall be punished by imprisonment in the county jail for a period of not more than six months, by a fine of not more than five hundred dollars ($500), or by both imprisonment and fine, or

(2) is guilty of a felony if the face value of the CalFresh benefits or the authorizations to participate exceeds nine hundred fifty dollars ($950), and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine, or by imprisonment in the county jail for a period of not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both imprisonment and fine. (h) (1) If the violation of subdivision (f) or (g) is committed by means of an electronic transfer of benefits, in addition and consecutive to the penalties for the violation, or attempted violation, of those subdivisions, the court shall impose the following punishment:

(A) If the electronic transfer of benefits exceeds fifty thousand dollars ($50,000), an additional term pursuant to subdivision (h) of Section 1170 of the Penal Code of one year.

(B) If the electronic transfer of benefits exceeds one hundred fifty thousand dollars ($150,000), an additional term pursuant to subdivision (h) of Section 1170 of the Penal Code of two years.

(C) If the electronic transfer of benefits exceeds one million dollars ($1,000,000), an additional term pursuant to subdivision (h) of Section 1170 of the Penal Code of three years.

(D) If the electronic transfer of benefits exceeds two million five hundred thousand dollars ($2,500,000), an additional term pursuant to subdivision (h) of Section 1170 of the Penal Code of four years. (2) In any accusatory pleading involving multiple charges of violations of subdivision (f) or (g), or both, committed by means of an electronic transfer of benefits, the additional terms provided in paragraph (1) may be imposed if the aggregate losses to the victims from all violations exceed the amounts specified in this paragraph and arise from a common scheme or plan. (i) A person who is punished by an additional term of imprisonment under another provision of law for a violation of subdivision (f) or (g) shall not receive an additional term of imprisonment under subdivision (h).

Do you want me to give you a resource to find an attorney in your area? If so, what county are you in?

Customer: replied 1 month ago.
I'm in Shasta County.
Customer: replied 1 month ago.
no i don't want to switch thank you
Expert:  Colleen Grady replied 1 month ago.

ATTORNEY SEARCH NETWORK*****, #672 Encino, CA 91436
(800)(###) ###-####/a> | www.getareferral.com
Other Languages: Spanish

Expert:  Colleen Grady replied 1 month ago.

Please let me know if I can help more. I will be happy to answer more of your questions. If you are satisfied with my help, please rate me. Good luck!

Customer: replied 1 month ago.
Do you know any one local? I live in Shasta county. Not in LA.
Expert:  Colleen Grady replied 1 month ago.

Sorry

Expert:  Colleen Grady replied 1 month ago.

The listing I gave you is from the California Bar Association. Here is the link. http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx#shasta

Expert:  Colleen Grady replied 1 month ago.

Call the State Bar of California at (866)(###) ###-####/a> to find an attorney in your area.