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Can I be charged with a felony, even without prior offenses on my record, for food stamp fraud in the state of Virginia?

Durham, NC |

I was receiving food stamps in Virginia while was homeless back in 2007 or 2008. At this time I became depressed over the lose of my child due to miscarriage and ended up in a mental hospital for severe depression. The day I returned the shelter put me out, after telling the hospital I would have some where to go. For about two weeks I slept on park branches, and alleyways, etc. But finally, I left to stay with my parent in North Carolina to get on my feet, and go back to Virginia. Before I left I contacted my worker and told her my circumstances, and that I was leaving, and that was it. I did not become a legal resident of North Carolina until Sept,2009. I had changed my mailing address, voting status, nothing. Now the commonwealth is charging me with a felony, this is my first offense!!!

Attorney Answers 1


Well, you certainly can be charged with such an offense (as you indicated already had happened to you.) The more important question is will you be convicted of that charge or any other charge. Nobody here on Avvo can tell you that, you need to sit down with defense counsel, and see what defenses you can mount. If they are charging you will a felony they should be obligated to provide an attorney for you. As this is a criminal matter, I recommend you cease and desist from posting about your case on Avvo.

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

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