Has Florida DCF (Public Assistance) violated my mother's civil rights? Can she be charged for the same welfare fraud case twice?

Asked almost 2 years ago - Miami, FL

In 1992, my mother was convicted of welfare fraud and ordered to pre-trail diversion and restitution. My mother began paying restitution. 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!


Additional information

*It is actually Adjudication of Guilt withheld- ordered pretrial & restitution for the amount owed to DCF.
*She did not receive any public assistance since her case in 1992 (only 1 case).
*In 2010, my mother was arrested & brought to court for the VERY SAME case from 1992. Court record says "she owed restitution & failed to enroll for pretrial diversion". This is what the note says exactly.
*After a great deal of research to resolve the matter, on our part, we obtain info from DCF & Child Support showing child support was held to pay restitution up until there was a $0 balance.

There are still some unanswered questions AND noncooperation from the agencies to provide clarity. For the past several months everyone has been mute and we sense foul play. This is why I ask was it possible my mother's civil rights was violated?

Attorney answers (3)

  1. David Scott Bromley


    Contributor Level 11


    Lawyers agree

    Answered . Your questions would best be answered by a criminal defense attorney. I suggest that your mother consult with a criminal defense attorney in the county where the criminal action(s) was filed. Best of luck.

    Legal disclaimer: Legal analysis is for general information, based upon the limited facts provided. Comments are... more
  2. Brenda A Drake


    Contributor Level 17


    Lawyer agrees

    Answered . Are you sure that this is for the SAME incident of welfare fraud or are they bringing new charges. If nothing else, there is an issue of the Statute of Limitations to consider here. And, surely you're not saying that this new charge has been ongoing since 2010 (when she was arrested). I suggest you contact a local Criminal Defense attorney as soon as possible to sort through all of this.

    This response is for general purposes only and does not establish an attorney-client relationship. You should... more
  3. Clifford Michael Farrell

    Contributor Level 19


    Lawyers agree

    Answered . I will try to repost under criminal defense for a better chance at review by a criminal defense attorney.

    The exact answers to questions like this require more information than presented. The answer(s) provided should... more

Related Topics

Criminal charges for fraud

Fraud is a white collar crime in which someone deceives another to secure unlawful or unfair benefits, such as financial or political gain.

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