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I have been charged with public assistance fraud under

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10,000. The prosecutor wants 90...
I have been charged with public assistance fraud under 10,000. The prosecutor wants 90 days jail time but all other cases I've been researching have gotten probation. I have no criminal record, and I did not know I was committing fraud. The Medicaid office was informed by me of receiving new employment and they told me they would continue benefits until the renewal and then not to renew. When I was contacted by a welfare investigator to do an interview I complied and then never heard anything back and there was a warrant issued that was outstanding for over a year, I had no clue. None of this is really making any sense.
Submitted: 2 years ago.Category: Criminal Law
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Answered in 1 minute by:
1/22/2016
Criminal Lawyer: Peter Griesch,
 replied 2 years ago
Peter Griesch
Category: Criminal Law
Satisfied Customers: 324
Experience: Tax Counsel at AIG, Inc.
Verified

In which jurisdiction are you charged, and is there only a single charge?

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Customer reply replied 2 years ago
Palm beach county do and it's just the 1 charge
Customer reply replied 2 years ago
FL
Criminal Lawyer: Peter Griesch,
 replied 2 years ago

Has the prosecutor offered a plea deal with a 90 day sentence recommendation?

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Customer reply replied 2 years ago
The prosecutor said 90 days jail time, my attorney is trying to get it to house arrest.... But she is wanting jail time based on the fact that my in laws just finished a case with a prior employer for grand theft and they received 4 years probation instead of jail time because their attorney took the case to a fill in prosecutor for a best interest plea while theirs was on vacation. I was told directly by my attorney that the state prosecutor on my case is pissed and thinks I had knowledge of things they were accused of. We also have the same judge, can I ask for dismissal of the judge based on possible prejudice?
Criminal Lawyer: Peter Griesch,
 replied 2 years ago

Yes. If the judge is going to be biased based on the information from another case, you should move for the judge to recuse himself so that another judge is detailed to your case.

While much more difficult, if the prosecutor is proceeding in an unfair manner based on a bias against you, for which the prosecutor has no evidence, you can ask the court to disqualify the prosecutor, and another prosecutor will be assigned to the case.

I wouldn't recommend doing either until it is clear that you cannot get a probation or house arrest deal.

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Criminal Lawyer: Peter Griesch,
 replied 2 years ago

If you have any additional questions, please let me know.

If not, please rate my response with the star rating above. I only receive credit from Just Answer if my response is rated.

Thank you.

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Peter Griesch
Peter Griesch
Category: Criminal Law
Satisfied Customers: 324
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Experience: Tax Counsel at AIG, Inc.

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