Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

What is the penalty for taking Social Security when the person

Customer Question
is incarcerated?...
What is the penalty for taking Social Security when the person is incarcerated?
Submitted: 6 years ago.Category: Criminal Law
Ask Your Own Criminal Law Question
Answered in 13 minutes by:
9/1/2011
Criminal Lawyer: LawTalk, Lawyer replied 6 years ago
LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,855
Experience: 30 years legal experience
Verified
Good morning,

I'm sorry to hear of your dilemma.

The charges are quite varied and depend on how the information was used and whether any harm was caused to anyone, or money stolen somehow.

The potential charges for identity theft range from a Class A misdemeanor to a Class D felony.

The possible prison time for a Class D felony is 1 to 2 1/2 years, and a Class A misdemeanor is punishable by no more than a year in jail---however, if there is no criminal history for 5 years preceding this crime, then the court can order any sentence, including probation.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Doug

Ask Your Own Criminal Law Question
Customer reply replied 6 years ago
Please, I mean SS money goes into direct deposite, but the person is incarcerated and I don't know if it is illegal to keep taking the money but can't afford to live without it. Thank you
Criminal Lawyer: LawTalk, Lawyer replied 6 years ago
Good morning,

Given that you are talking about social security benefits---such as retirement, disability or SSI payable to the person is jail, the answer is no----they/you may NOT continue to collect them any time the person is in jail/prison for an entire month or more. However any spousal benefits (such as retirement benefits that you collect based on a spouse's lifetime earnings) can be collected by an eligible spouse.

If you do not notify Social Security of the incarceration, at a minimum when you are caught, the benefits will end and there will be an overpayment assessment for every dime that was wrongfully taken while the person was incarcerated and you will get a bill for the overpayment. Even when he gets out, he may not get benefits until the overpayment is paid back. I'm sorry.


I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.


I wish you the best in 2011.


Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Doug

Ask Your Own Criminal Law Question
Customer reply replied 6 years ago
The minimun is I'd have to pay it back. What is the maximum? Thank you. I promise this is my last question .
Criminal Lawyer: LawTalk, Lawyer replied 6 years ago
Good morning,

If the two of you commit a fraud by receiving benefits for years while incarcerated, especially if there is a purposeful attempt to conceal the status as a prisoner, the case may be referred to the Office of the Inspector General and possibly the Attorney General for fraud prosecution---a felony. You could actually go to prison for it.

Additionally the social security administration offers a bounty to prisons who report prisoners receiving benefits---they can get $200 to $400 bounty. So, think twice before you use the money.

I wish you well.

Doug



LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,855
Experience: 30 years legal experience
Verified
LawTalk and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37,855
37,855 Satisfied Customers
Experience: 30 years legal experience

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

37,855 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I was arrested for a felony stealing and identity theft in
I was arrested for a felony stealing and identity theft in February. This case is from 2008 and I had no idea about a warrant. I was pulled over in a traffic stop and the officer told me I had a warra… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
My husband has an identity theft relating to his SSN & NJ
My husband has an identity theft relating to his SSN & NJ driver's license(DL).He became aware of it when he relocated to MI & tried to get a MI DL.MI SOS did a system national search on his SSN & fou… read more
skelly151
skelly151
partner
Post-Doctoral Degree
2,328 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
59 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
My eleven-year-old daughter has two counts identity theft
My eleven-year-old daughter has two counts identity theft two counts stolen credit card Oregon law. What are possible consequences without legal representation? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My friend is in custody for identity theft warrant in
My friend is in custody for identity theft warrant in Pennsylvania. We live in Georgia. At the hearing at the county magistrate the they gave him 2 options. To either sign a waiver or not & they said … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I was a victim of identity theft and am looking into if
I was a victim of identity theft and am looking into if restitution is possible for the charges i recived … read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am the victim of identity theft. T-Mobile keeps sending me
I am the victim of identity theft. T-Mobile keeps sending me bills for a phone I never bought in spite of numerous reports of fraud to them. Can T-mobile be charged with attempted theft of my money? C… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was recently a victim of identity theft by a friend and
I was recently a victim of identity theft by a friend and coworker who stole and used my ATM card. I did not notice the transactions until March 24th, when I reported them as fraudulent to my credit u… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I was just arrested for identity theft, a felony, in
hi. i was just arrested for identity theft, a felony, in colorado dating from 2012-2013. is there a statute of limitation for it there and how long is it? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x