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!
*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?
Social Security Lawyers
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 not intended to constitute binding legal advice. There is no attorney-client relationship formed as a result of this communication. The response provided shall not be relied upon as legal advice from the responding attorney and it is based solely upon the limited facts being provided to the responding attorney by the person posing the question. To the extent additional or different facts may exist, the response provided by the responding attorney might change. Responding attorney is licensed to practice law only in the State of Florida. As such, the response provided is based solely upon Florida law unless otherwise herein stated. If you find this information helpful, please check the "Up" arrow box below. If you wish to discuss your question(s), the response provided, or hiring me in a confidential setting, call (813) 413-8700.
Social Security Lawyers
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 be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.
Child Custody Lawyer
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 contact an attorney to fully discuss your issues.