What if A person only has a misdamenor bad check in past history and is charged with a felony in food stamp fraud? and has no other prior record what would they be looking at if they are willing to pay back the money when the whole thing was a accident they dont show call in where they reported their income changes.And Also at time when was supposed no call in they had just been through a rape by a family member who was found guilty.
Federal Crime Lawyer
I am not from Texas and admittedly I don't know the law there. If you are being prosecuted federally however then the amount of money taken in the fraud will effect what sentence is given.
With that said, the decision to prosecute or not is up to the local Prosecutor. You can reduce your chance of being prosecuted by hiring a good criminal defense attorney who can speak to investigators on your behalf without ever having them speak to you.
A number of the things you mention above are all valid and important at sentencing. That however doesn't come, if ever, until the case is lost. These factors called mitigating factors can sometimes convince Dist. Attorney's not to prosecute and Judges not to incarcerate.
DUI / DWI Attorney
You would be eligible for probation based on those facts, however, that does not mean that a prosecutor must offer probation. Mitigating circumstances as you mentioned are important to assess the proper punishment but are not legal defenses to the conduct charged. It is important to hire a qualified criminal lawyer that has handled these types of cases in the past. By the time the DA's Office has made the decision to charge someone with this type of offense, the bulk of the investigation, if not all of the investigation, has been completed. Because these are paper intensive cases that leave an easily traceable trail, they are usually straightforward for the government to prove. My experience has been that most prosecutors are not too keen to prosecute these cases and will offer probation with payment of the restitution as a condition.
Criminal Defense Attorney
First, get an attorney; apply for a court appointed attorney if you are truly indigent. Stop the excuses and get this done. Second, Mr. Kase is correct; it is often possible to resolve these cases with probation and restitution, sometimes without even having to have a conviction on your record. Ask your attorney about deferred adjudication.
Get moving, I suspect you have been dithering too much and need to take action now.
Semper Fi, Patrick McLain