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Answered in 7 minutes by:
11/12/2009
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,877
Experience: 30 years legal experience
VerifiedGood afternoon,
I'm very sorry to hear of your dilemma.
By overpayment, I presume that you made a claim for more than you were entitled to. That constitutes welfare fraud and is usually prosecuted as a felony.
Under NC law a person found guilty of welfare fraud can be (1) fined, (2) placed in jail, or (3) fined and placed in jail.
If you have no prior criminal offenses, and a competant criminal defense attorney, you may well avoid a jail sentence, instead being given a fine, probation and ordered to pay restitution.
Here is a link that will give you additional information about welfare fraud in NC:
I wish you well.
Edited by LawTalk on 11/12/2009 at 8:00 PM EST
I'm very sorry to hear of your dilemma.
By overpayment, I presume that you made a claim for more than you were entitled to. That constitutes welfare fraud and is usually prosecuted as a felony.
Under NC law a person found guilty of welfare fraud can be (1) fined, (2) placed in jail, or (3) fined and placed in jail.
People guilty of eligibility fraud may receive an even stiffer penalty. That penalty could include all of the following: a fine, jail sentence and mandatory repayment of all benefits received.
A person found guilty of welfare fraud will not be allowed to get assistance for:
- 1st offense—1 year
- 2nd offense—2 years
- 3rd offense—permanently
- 1st time court finding of purchasing illegal drugs with food stamps—2 years
- Misrepresenting identity or residence to get food stamps in more than one place—10 years
If you have no prior criminal offenses, and a competant criminal defense attorney, you may well avoid a jail sentence, instead being given a fine, probation and ordered to pay restitution.
Here is a link that will give you additional information about welfare fraud in NC:
http://www.alamance-nc.com/d/social-services/programs-and-services/fraud.html
I wish you well.
Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.
Best regards,
Doug
Edited by LawTalk on 11/12/2009 at 8:00 PM EST
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,877
Experience: 30 years legal experience
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