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Peter Griesch
Peter Griesch,
Category: Criminal Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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I have been charged with public assistance fraud under

Customer Question

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: 1 year ago.
Category: Criminal Law
Expert:  Peter Griesch replied 1 year ago.

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

Customer: replied 1 year ago.
Palm beach county do and it's just the 1 charge
Customer: replied 1 year ago.
Expert:  Peter Griesch replied 1 year ago.

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

Customer: replied 1 year 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?
Expert:  Peter Griesch replied 1 year 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.

Expert:  Peter Griesch replied 1 year 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.