Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I'm being charged with welfare fraud of food stamps. I

Customer Question
I'm being charged with welfare...
I'm being charged with welfare fraud for collection of food stamps. I changed residences moving in with my boy friend but he had next to no income at the time and the bills went from 600 monthly to 1800 for the mortgage.I had serve medical issues and was in and out of the hospital so I didnt report the change right away knowing I would just get more benefits.
I had a investigator come because of not adding my boyfriend to the case.The investigator told me they would figure out the amount of over issuance based on the correct bills. In which when I reported correctly, doubled my monthly benefit, and I would have actually be due more money and not have an over issuance. They left the bills at 600 and reported income from unemployment that I have proof stopped months earlier and said I have an over issuance. Is there any codes or laws that says they have to base an over payment on the correct bills and correct income? If so which are they ? I'm trying to fight this and prove I never received an over payment .The DA is saying its based on my application and the correct bills dont matter.
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 hours by:
3/25/2016
Lawyer: Zoey, JD, Attorney replied 1 year ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 28,053
Experience: Active member of the NYS bar since 1989
Verified

Hello,

Actually, what the law says is that YOU have to use true and accurate information in order to collect these benefits and that if that information changes you are required to change that information. If you don't, that's evidence of fraud.

From there, they can charge you, which apparently they have done, and your remedy would be to retain a criminal defense lawyer and fight the case, all the way to trial if necessary. You can show your lawyer the information you have which would show that the government actually owes you and not the other way around. You could show that your unemployment had stopped, and explain why you didn't add your boyfriend to your residence information. All of these facts would go to try and show that you had no intent to defraud the government and owe them no money. If the DA cannot prove intentional fraud beyond a reasonable doubt, you could not be convicted of this crime.

Otherwise, the typical penalty for this is probation and restitution to the government. If you wer looking to dispose of it with a plea agreement, although you'd get a payment plan to return the overpayment, you'd typially be able to avoid jail or prison.

Ask Your Own Legal Question
Customer reply replied 1 year ago
Hi I'm looking for any laws or codes that says how they calculate the over issuance. The DA is saying that it doesn't matter that the figures are wrong. The investigator told me it would be calculated based on my correct info . So I'm trying to find to show the amount wasn't calculated correctly based on the usual standards
Lawyer: Zoey, JD, Attorney replied 1 year ago

The DA is correct. You can be charged with fraud whether their figures are wrong or right, because you did not give them accurate information. The figures do matter, of course, as to how much if anything you owe, but it doesn't excuse you from not disclosing the fact that you moved in with your boyfriend who was, in fact, drawing some income.

California explains how they calculate your benefits here.

Ask Your Own Legal Question
Customer reply replied 1 year ago
I get the fruad part for not updating the info. It's the amount owed that there's an issue. The DA said he would be willing to change it if I prove they didn't calculate it correctly. But the DA says they calculate it of off the orginal application not the correct bills. Which isn't what I was promised by the investigator.
Lawyer: Zoey, JD, Attorney replied 1 year ago

For purposes of the criminal case, the DA deals with the information on the application you submitted. For purposes of your defense, you would calculate the payments based on what you should have but didn't submit and use your results to show that you never intended to defraud the government.

Ask Your Own Legal Question
Ask Zoey, JD Your Own Question
Zoey, JD
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 28,053
28,053 Satisfied Customers
Experience: Active member of the NYS bar since 1989

Zoey, JD 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:

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

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I've been paying fed restitution for 8 yrs on 1. Minn.
I've been paying fed restitution for 8 yrs on 1 JA: What state are you in? It matters because laws vary by location. Customer: Minn. JA: Has anything been filed or reported? Customer: Reported or file… read more
Zoey, JD
Zoey, JD
Attorney
28,053 satisfied customers
How do i file a petition to get off probation? Conviction
how do i file a petition to get off probation? JA: What was the conviction for exactly? Have all appeals been exhausted? Customer: conviction for theft and have not appealed JA: In what state did the … read more
Zoey, JD
Zoey, JD
Attorney
28,053 satisfied customers
I needed help on probation. NY. No not yet. No probation in
I needed help on probation JA: Because laws vary from place to place, can you tell me what state this is in? Customer: NY JA: Have you talked to a lawyer yet? Customer: no not yet JA: Anything else yo… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 satisfied customers
I was behind 4 months of restitution and my payments, 2 of
I was behind 4 months of restitution and my payments, 2 of them, crossed in the mail with a packet from FLU. Does it sound like garnishment is coming? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
HUD eviction... wrongfully granted restitution and adopted
HUD eviction... wrongfully granted restitution and adopted magistrates decision before filing of motion for facts and law... newly discovered fictitious business name not filed with SOS and organizati… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
I have a federal restitution against me for 15% of my gross
I have a federal restitution against me for 15% of my gross wages which was paid until 2009 and have since been unemployed. Can the US Justice department transfer this debt to the IRS for collection n… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,871 satisfied customers
I am paying a civil judgment and criminal restitution to the
I am paying a civil judgment and criminal restitution to the same "victim". Do courts in TX typically require double payment to the same victim from the same debtor/criminal? … read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
Current I have restitution in the amount of $880,000 +
Current I have restitution in the amount of $880,000 + interest. So now the balance is well over $1.2M. I have been paying $1,100 a month for 9 years and never missed a payment. I know the restitution… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
I'm looking for a probate lawyer familiar with Texas probate
I'm looking for a probate lawyer familiar with Texas probate law … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
My son reseceives a restitution check from a defendant in a
My son reseceives a restitution check from a defendant in a dwi wreck and my son maybe sent to a safp program or posdiblly prison now how do we get power of attorney to process his restitution checks … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,597 satisfied customers
Is there a way to go back to court and get my restitution
Is there a way to go back to court and get my restitution reduced ? I was incarcerated for 7 years and I was unable to pay but now I am out and want to pay but the interest alone is about 2600.00 ....… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
I have court ordered restitution to pay but have no assets
I have court ordered restitution to pay but have no assets or income. But my wife has huge amount of assets and income including our home in her name. How much of my spouse assets can the Financial Li… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
I am on probation and I have a 30K restitution to pay. I am
I am on probation and I have a 30K restitution to pay. I am struggling with the monthly payments. I am longer able to work in my career field because of my crime. I also have a perfect record with pro… read more
Zoey, JD
Zoey, JD
Attorney
28,053 satisfied customers
Myself and 2 others where ordered to pay restitution back in
Myself and 2 others where ordered to pay restitution back in 2011 I have been the only person to pay restitution have been doing so since 2012 the original order was for 12k I have paid over 6000 give… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
Can i fight restitution? i never tookanything but was
can i fight restitution? i never tookanything but was convicted for burglary and i received ten years in the dept. of corr. also received 75,000.00 in restitution … read more
Zoey, JD
Zoey, JD
Attorney
28,053 satisfied customers
Can A Federal Restitution Be Negotiated? Florida, A
A Forfeiture Money Judgment Was Filed As Well As A Notice Of Lien For Fine And/Or Restitution … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,218 satisfied customers
Federal Restitution Writ of garnishment on my assets. I
Federal Restitution Writ of garnishment on my assets.I received notice on this past Saturday by a US Marshall with notice of a writ of garnishment for four separate investment accounts, 2 are IRA's th… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I just finished probation but I have restitution for the
I just finished probation but I have restitution for the next 20 years. My question is, can I own my own business under my name as long as I pay the 10% that is required of me? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,029 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