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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28002
Experience:  10+ years defending Misdemeanor and Felony cases.
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I have a warrant out for welfare fraud section 10980 a felony.

Customer Question

I have a warrant out for welfare fraud section 10980 a felony. I have no previous record. I want to know what kind out penalties I am looking at as a first time offender. Also what kind of deal would probably be offered if I plead no contest or guilty.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 years ago.
As a first time offender, you are likely looking at a probationary sentence. If money was taken, you would likely have to pay restitution, during the probationary time. You will also have to pay court costs and a fine, which is determined by the court.
Customer: replied 7 years ago.
I have a clear record as of three years because I had a previous charge of misdemeanor threats and I got it explunged. Will this affect my first time offender status even though it does not show up on the record. Also, is there any jail time served in the probation period.

Also, does it matter what I did for the court to determine if I get probation. Meaning if I received money when I was supposed to be working and I wasnt or if there are larger amounts of money in my accounts does one offense out weigh the other.

Expert:  CrimDefense replied 7 years ago.
If the record has been expunged, then it will not have an effect on it. No, if there is jail time imposed, you will know. Otherwise, it will be probation, where you will need to report monthly to a probation officer. Everything is looked at, at a whole. This is why you will likely have to pay restitution for the money you took.
CrimDefense and 3 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
In this stiuation is it smart to go to trial if you feel the evidence against you is bogus?
Expert:  CrimDefense replied 7 years ago.
Sorry for the delay. The State has to prove the charges beyond a reasonable doubt. If you feel there is not enough evidence to support the charge against you, then you may want to go to trial. Prior to doing so, you should speak with an attorney and see if they think you have a valid defense and can represent you in this action.