Can I get fraud charges reduced to a misdemeanor?

Asked 11 months ago - Pensacola, FL

I received childcare subsidy money to help pay for childcare for my family. I have custody of my god-son and daughter also and they were able to be place on my voucher bcuz I have a power of attorney for them. However the rules changed and I was not able to keep them on . When a went to redetermine. The worker asked why were they taken off and I told her bcuz the power of attorney had expired which it did and they said they had to be taken off. She said well lets put them back on. I was happy bcuz it was hard Now Im getting charged for fraud becuz I signed paperwork stating they were still in my house. They really are but the grandma just keeps them alot more like she said she would because I have 6 kids of my own. I am so scared I've never been in trouble before and I work w/kid

Attorney answers (4)

  1. Eric J Trabin

    Contributor Level 19

    3

    Lawyers agree

    Answered . Yes it is possible but it will require the agreement of the prosecutor. A person can't have felony charges reduced to a misdemeanor simply because they want it that way. The State can agree to a plea bargain in which charges are reduced.

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

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Answered . If you are a first time offender, there is a possibility that the charge may be reduced to a misdemeanor or dismissed. There is also the possibility of a "withhold of adjudication." Any of these would result from a plea bargain or agreement with the prosecutor.

    You should discuss your options thoroughly with your attorney to decide what is possible.

    This response is for informational purposes only. It does not create a legal engagement between questioner and... more
  3. Robert Jason De Groot

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Perhaps. Since you are charged with a serious criminal offense, the pd will be appointed to represent you, and the attorney will investigate all the facts and take appropriate action. It seems to me that no crime was committed here, and that the charges will eventually be dropped, not just lessened, but dismissed. It will be at that time that you need to hire a private attorney to get the records sealed and later expunged. You may at one stage choose to enter the workforce, especially after all the children have grown, and a fraud charge might prevent you from getting employment with anyone.

    R. Jason de Groot, Esq.,
  4. Daniel David Archer

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . It is likely that the prosecutor will not be willing to reduce your charges without some mitigating factor(s) which would allow him/her to do so. Your attorney should be made aware of the advisement given you by the case worker. There have been quite a few instances of this lately and you are not the only one who has fallen prey to this flawed advise. Provided that you don't have other charges in your history (i.e. fraud, theft, etc.) the prosecutor may be willing to reduce the charge, through negotiation, to a misdemeanor or even place you on a diversion program so that there will be no conviction on your record after you complete the requirements.

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