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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17186
Experience:  B.A.; M.B.A.; J.D.
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I was originally prosecuted of unemployment security

Customer Question

I was originally prosecuted for violation of unemployment security law due to an unemployment overpayment. The charge was dismissed from court by the judge, and I was given a nolle contendre in October2015. Now the dept of labor has intercepted my state tax return and still wants me to pay back the unemployment overpayment. what are my options
Submitted: 5 months ago.
Category: Legal
Expert:  Ely replied 5 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am afraid that there may have been a miscommunication. Pleading nolo contendere means pleading "no contest," which is the same as pleading guilty. As such, the case was not dismissed. Or rather at least, the charge may have been modified to something less, but the case was not dismissed. As such, the Dept. of Labor is then taking part of your tax return to collect for any money that the Court has ordered that you owe as part of restitution. I am afraid that there are very few options here - see HERE. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 5 months ago.
my error, I just looked up the indictment sheet it is a motion for NOLLE PROSEQUI
Expert:  Ely replied 5 months ago.
Thank you. Okay, that makes a little more sense. You state that you had a hearing yesterday. So if NOLLE PROSEQUI was filed on the case - do you mean they dismissed the criminal case, but filed a civil case instead?
Customer: replied 5 months ago.
NO civil case filed, it was just an unemployment hearing case
Expert:  Ely replied 5 months ago.
Thank you. I am having a hard time understanding what happened, so I am going to opt out of your question and open this up for other experts.Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.My apologies for any inconvenience and good luck...
Expert:  Phillips Esq. replied 5 months ago.
A different Professional here. If a Prosecutor is involved, it means that the State was presenting a criminal case against you, an unemployment fraud case. However, even if the Court dismissed the criminal case, the State can still come after you for the civil part of the case. That is, the State can still try to recoup the overpayment from you without any criminal penalties to you. So, the bot***** *****ne is that the overpayment still must be paid regardless of the dismissal of the criminal case and the State can intercept your state tax refund to offset the overpayment. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.

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