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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27450
Experience:  Active member of the NYS bar since 1989
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I'm trying to figure out if I need to hire a lawyer and what

Customer Question

I'm trying to figure out if I need to hire a lawyer and what I need to do asap .. Food stamps office in ca is saying we were issued benefits over what we should have due to failure to report my husbands income. I was under the impression based on the paper work that we are on a semi annual reporting cycle and it says if you r income is below the federal poverty line/ limit then you don't need to report it until the next check. According to this statement on the paper we were not above that limit of 4743.00 monthly food stamps discounted in June 2016 because we were anticipating my husband going back to work full time ( yet to happen ) and I just found out I'm losing my job at the en of the month. I spoke to our local food at spa collection lady she said its standard for the investigator at the DAs off or to Boston our work hx paychecks and that we would be notified of what we owe and how to re pay it. My questions are how likely is the da to recommend prosecution and also can we try to come to an offer or agreement before that ? As well as do they offer. A welfare diversion program as I've heard some do
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Oh yes CA el dorado county
JA: Has anything been filed or reported?
Customer: What do you mean
JA: What confuses you?
Customer: There are no charges from the DA they just sent a paper to my employer and my husbands asking about our work history my husband hasn't worked in 6 years this is his first year part time / seasonal
JA: Anything else you want the lawyer to know before I connect you?
Customer: Neither have ever been in trouble with the law we have 3 small kids and are one paycheck away from. Foreclosure and now with me losing my job. In the medical field I can't handle this and I'll never be able to get another job looking. For advice.
Submitted: 11 months ago.
Category: Legal
Expert:  Zoey, JD replied 11 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 11 months ago.

Not every overpayment notice is going to result in a criminal prosecution. It's significant if your food stamps office is not saying that you're being investigated for fraud. If you merely made a mistake in your reporting requirements and there is no evidence of your to defraud the government, arranging for a repayment plan is generally all you're going to need to do, apart from actually making payments.

But as to your question, it's always better for you to have a lawyer, since anything you say about this situation to anyone other than your lawyer can potentially be used against you, while what you're lawyer says on your behalf cannot.

Expert:  Zoey, JD replied 11 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.