Can Florida DCF charge someone for the same case twice, 20 years later?

Asked over 1 year ago - Miami, FL

In 1992, my mother plead Adjudication of Guilt withheld for welfare fraud & ordered to pre-trail diversion & restitution, which she did for one year. Unfortunately, in 1993, she lost her job and we relocated to Georgia. Due to relocating and losing her job, the case was dismissed. However, the judge explained if the state wanted to recover restitution, they should pursue other avenues. DCF Benefit Recovery Unit chose to retain child support payments for restitution owed. My mother received notices stating she no longer owed the State of Florida any more restitution for this case. In 2010, my mother was arrested on a warrant for welfare fraud. After making MANY attempts to clarify this issue, she has received nothing but the run around. No one can even tell her why she had a court date!

Attorney answers (1)

  1. Eric J Trabin

    Contributor Level 19

    1

    Lawyer agrees

    Answered . No one will tell her why she has a court date, likely because they aren't privy to the details. Your mother's attorney will receive "discovery," which is all of the evidence available in the case. If the case was dropped then it is unlikely that the case can be prosecuted (assuming it is in fact the exact same case) due to either double jeopardy or the statute of limitations. If it is a different case but it is still 20 years old then the staute of limitations would likely still apply in most circumstances.

    It is impossible to say exactly what is going on precisely because we don't have access to the police reports, witness statements, and other evidence. Your mother should hire an attorney as soon as possible and start obtaining the evidence.

    This is not to be considered legal advice nor does an attorney-client relationship exist.

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