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TX criminal laws regard welfare, food stamp fraud, possible consequences

hello,
in mid May i was contacted by an investigator from the welfare dept. i went in to see her and basically, i am being charged with about $5000.00 in foodstamp fraud (2005-2007). i have 3 daughters, someone evidently reported them not really living with me, therefore they opened a case on it. I have proof from daycare showing that they lived with me for the whole year of 2005. so that should knock off a little lump sum for that year. the year of 2006, my daughters were living with me and my mother (my mother lives out of town) since she didnt have custody or even power of atty. for them i continued recieving food stamps under my name..sending her some also. i even kept getting their medicaid under my name and Always mailed her those cards. i recently (here in sept.) got arrested for this little did i know i had a felony warrant out for my arrest before even going to court. (I was told it was sent straight to the grand jury) So, i really havent been convicted for this yet, i guess just indicted. the only trouble that i have been in before was in july 2005-theft over $50 but under $500 (something like that) any way i was put on deffered judfication for this then being young and dumb lacked to complete my 20 hrs of community service so therefore it stayed on my records. Anyhow, last year was my oldest daughters 1st year in school, yes, i was still getting food stamps then cut them off and finally just quit. I need to know what i'm facing? i am really scared because when the jailer looked this up for me he said im facing state jail. Is that so? also, would it be wiser to pay a lawyer rather than get a court appointed atty.?

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Attorney answers (1)

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You could be facing a number of felonies and it seems you may not be guilty of them.These include larceny, fraud, perjury to name a few. Either way you could be facing state jail time.
As for whether you should use an assigned attorney or a private one, the fact is that a good attorney is a good attorney whether he is a public defender or a private lawyer. Both have good points and bad.

The Public defenders have a lot of experience. They also have a lot of cases and you will be one of those. In other words he will not be able to give your cases alot of time. You seem to have issues that if they are properly investigated may yield a defense and an acquittal. Hence you may want to get a lawyer of your own so that he may focus on your case. Do not however trade down. If you are getting a private lawyer, make sure he is at least as good as the public defender. Do not allow yourself to be fooled into thinking that just because someone is paid he is better. Do understand however that a poorly paid lawyer (not a public defender who have dedicated their careers to helping the poor) is poorly paid for a reason. If you are going to get a lawyer get one with a lot of experience and one whohas a great reputation. Seek out one who has held positions in the bar, who write articles and who teach at CLE or in a law school. If a lawyer is well respected in the Bar Association or is asked to write an article that gets published or is asked to teach other lawyers or law students, that is a pretty good indication of their ability and expertise. You can find excellent lawyers in your home state right here on AVVO. Any Criminal defense lawyer with an Avvo rank that yields a very good or better score should be able to help you

Good luck.
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