hi,
i am trying to find out if i will be going to jail for food stamp fraud or what exactly is going to happen to me. 2 years ago i was put on defered adjudification for credit card fraud. i am still on probation. i recieved a letter in the mail from the food stamp office that they would like for me to come visit with an investigator about the food stamp benifits that i had recieved in the past. i am assuming it is because i was working and did not report that to the office.
what is going to happen and what are my options?
Eric LechtzinClass Action AttorneyPhiladelphia, PA ·
Although I don't practice law in Texas, I can tell you that being charged with food stamp fraud is a serious matter in any jurisdiction. If you have not done so already, you should hire a criminal defense lawyer as soon as possible. Criminal defense lawyers are available at no cost if she cannot afford to pay for an attorney. You should contact the local legal aid office for more information about how to get legal representation at no cost. Here's some contact info:
Dallas Bar Association - 214-220-7444
Criminal Defense Lawyers Association - 214-747-0986
North Dallas Bar Association - 972-980-0472
There are a range of penalties for committing food stamp fraud. Since you are still on probation for another offense, you have an added risk of facing greater penalties if convicted of food stamp fraud.
If you are found by a court or government agency to have made false or misleading statements or omitted material facts to get food stamps, use food stamps, or transfer foods stamps, under 7 U.S.C. 2015(b)(1), you will become ineligible for further participation in the Food Stamp Program for a period of 1 year, for the first offense, 2 years in the case of a second offense, and permanent ineligibility for the third offense.
Under 7 USC 2024(b), (c) and (h), if you knowingly use, transfer, acquire, alter, or possess food stamp benefits "in any manner contrary to the Food Stamp Act" you can be fined and imprisoned. If the value of the benefits is $5,000 or more, then you can be fined up to $250,000 and/or imprisonment for 20 years. If the value is less than $5,000 but greater than $100, punishments include a fine of $10,000 and/or imprisonment for 5 years. If the value is less than $100, punishments include a fine of $1,000 and/or imprisonment for 1 year.
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Disclaimer: My answer provides information about the law based on the limited information provided in the questions asked and is not intended to provide legal advice or opinions, and does not constitute an attorney-client relationship. The law differs in each jurisdiction and may be interpreted or applied differently depending on the jurisdiction or situation. Accordingly, I highly recommend that you consult with an attorney to discuss the details of your problem so you can get legal advice tailored to your particular circumstances.
If the acts of additional fraud were committed while you are on probation, then there is a great chance that your probation is going to be revoked and you will get some kind of time - whether jail under a reduced punishment or prison. You know this.
If the acts of additional fraud were committed before you received the probation, then it is possible that they will put you on another probation and seek restitution.
You really need to have a lawyer with you when you talk to the investigator, or not talk to them at all.
