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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32325
Experience:  Began practicing law in 1992
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I am have a question so I have been getting welfare and just

Customer Question

hey I am have a question so I have been getting welfare and just recently found out i am being audited and that my welfare to work worker never scanned my papers and i have been getting over payments for 12 months on food stamps and cash aide. i really didn't know how it worked and my husband got a better paying job that went over the ammount they give and i had no clue until an auditor called me i am confused i never intended to in anyway hide what we made
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I found out that I have been getting paid overcharges and based on what they are telling me about 10000 in it. I have no clue what to do I have never done anything in my life. I want to know what I should do. I gave all my paycheck stubbs to her the first 5 months and after that she told me she wont have to see me till the sar paper work and I had no clue how bad that it had got messed up this is in California. I am orginally from georgia and never recieved cash aid in my life but needed it because of the money diffrence
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
will they give me time to pay it back or what will happen I want to pay it back but probably only be able to make small sums until income tax i just dont want to have a criminal record or my husband either for that matter
Customer: replied 1 year ago.
you can type and answer too
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

As I mentioned above I, and most of the experts in the legal categories, don't do telephone calls and this question can be answered in this written format without the need for a telephone call. Would you like to proceed in this manner or would you prefer for me to opt out and open it back up?

Customer: replied 1 year ago.
that is fine typing is good
Customer: replied 1 year ago.
I want to see what i can do and if I can't do anything will they give you time to pay it back before they file criminally against you.
Expert:  Dwayne B. replied 1 year ago.

You probably aren't going to like the first part of this statement but what I would suggest you do is get a lawyer ASAP. If you get a lawyer they can probably get the DA to not file charges and give you a chance to pay t back and perhaps avoid charges altogether or do something where you don't get a conviction. However, if you allow the state to move first they, at best, ***** ***** a pay out, they will require all of the money to be paid at once or they will file charges.

Expert:  Dwayne B. replied 1 year ago.

As a matter of tactics the lawyer can move affirmatively to get the DA to hold off while the amount is calculated, then you can start setting money aside int he meantime and possibly have enough to pay it off before the final amount is known.

Expert:  Dwayne B. replied 1 year ago.

The state is going to want you to give a statement if you do not have an attorney, which you don't want to do, and when you won't then they will want to file the charges.

Customer: replied 1 year ago.
I have no clue where to start where i can get one i could afford
Expert:  Dwayne B. replied 1 year ago.

You can find a local layer at www.lawyers.com. In the box for Area of Practice enter Criminal Law. That website allows you to search by geographic location and then type of law.

A criminal lawyer will be the one who does the type of work you're looking for.

Your case is actually a common set of facts. However, most people mess up and try to handle it themselves and/or talk to the authorities themselves and essentially "confess" everything necessary to convict themselves. Getting a lawyer early on usually means you come out a lot better off and can work out something everyone is happy with plus they don't have your own words to use against you.

The people who work for the state generally want to do as little work as possible and so will reach an agreement with you if it means they get their money and get to close their file. They really don't care if you get convicted or not. With most people it's just easier for them to get their money if they get convicted.

Expert:  Dwayne B. replied 1 year ago.

The lawyer can look over the paperwork, make sure you actually did violate the law, and make sure you don't pay more than you are supposed to.

In addition, sometimes, not always but sometimes, it's possible for you to amend your paperwork with the state and correct the "falsehoods" and avoid the charge but you have to know how to do it before they report the problem. The lawyer will be able to find the statutory basis for that if it exists in your case.