Criminal Law Questions? Ask a Criminal Lawyer.
Hello. I will be glad to help you.Have you been formally charged with anything?Also without any personally identifying information as this is a public forum, can you tell me little more of what is going on?JACUSTOMER-ujk4e954- :No i have not been charged. i did not report my husband va compensation pay with the wic and medicaid. so now it is under investigation. i guess im guilty because i did not report it. what should i do i have two kids and need to make arrangements and prepare. i have never been to jailAlex Esquire :First of all you need to try to calm down and not to panic and make assumptions. Do I understand correctly that your husband was collecting benefits in two states at the same time?JACUSTOMER-ujk4e954- :no i was collecting benefits just in TX. but i did not report his VA compensation monthly pay with his regular pay check amountAlex Esquire :Ok so you you were collecting wic and medicaid but failed to state that your husband was working in VA and making monthly salary and you were required to disclose this on the application, correct?and you are legally married to your husband not separated or divorced or estranged normally living in the same household?JACUSTOMER-ujk4e954- :we are married, but i also did not tell them my brother live with us. because he is 23 not employed and didn't know to say or nay for him as part of household because of his age. but we support him.Alex Esquire :ok, how much money in benefits do you think you have already collected?JACUSTOMER-ujk4e954- :i don't really know. i have been collecting benefits since 2008. i don't know how much wic is worth monthly, i have heard if over 1500.00 it is a felony charge so i am so freaked out and about to lose it. i try to keep it together around my kids since they are 6 and 2, but just break down knowing i may be jailed for a long timeAlex Esquire :Ok, I just researched it, it can be a state-jail felony if it is over $1500 but less than $20,000.Punishment can range from 180 days to 2 years.Now do you have any criminal history?JACUSTOMER-ujk4e954- :no have never been to jail or any criminal historyAlex Esquire :Also you should never plead guilty to anything until your rights are explained to you by an attorney, also if you are under investigation you should not be speaking to anyone or make any statement without an attorney presentAlso keep in mind if someone is charged with this crime, the state is required to prove an intent to defraud as it is a required element of the crime.JACUSTOMER-ujk4e954- :i cant afford a lawyer. what do i need to do if found guiltyAlex Esquire :why don't you contact your legal aid or public defender's office and see if they can help you with an attorney who might take your case on a pro-bono (free) or a low cost basisIf you get charged and can not afford an attorney the state will appoint a public defender for you.JACUSTOMER-ujk4e954- :thanks for your help.Alex Esquire :sometime the state decided not to criminally prosecute in these types of cases, but just demands that you pay back the benefits that were obtained fraudulently according to their investigation.JACUSTOMER-ujk4e954- :i hope this may be the case,to pay it back. but i guess its a waiting games. thanks again.Alex Esquire :Thank You and I wish you the best of luck.