welfare fraud under TX state law, what are the elements of welfare fraud and punishments

San Antonio, TX Viewed 2047 times. Posted about 1 year ago in Fraud

Welfare Fraud: I was sent a paper in the mail a few weeks ago from an investigator stating that a case on welfare fraud was sent to the District Attorney's Office. I was advised in the letter to keep calling pre-trial services until my warrant becomes active. I checked and its still not active. I am freaking out. I have never been in trouble with the law before, and I have no idea what to expect. It looks like I owe $3,775 in overpayment of food stamps over the last few years. I only reported the amount I was scheduled to take home instead of my income before taxes, plus I didnt know I was supposed to report every time I worked over time. When I realized I was reporting this information incorrectly I called my case worker, and the change center about the mistake. Because of my call they had to investigate. So, because of my phone call on myself I am in this mess. My question is what am I looking at? I am willing to pay the money back in payments. I am a single mom. I can not afford a lawyer. Will I go to jail? The problem is that I have no family to watch my children if I go to jail. Also if my boss finds out im in jail I will be fired, and I def. will not be able to pay the money back. I was told by pre-trial services that as soon as my warrant becomes active that I need to turn myself in. They told me that I will not go to jail but they will have to "arrest" me for a few hours to fill out paper work, finger print me ect. and then I will be released until my court date. Is this true? I need some kind of advise because Im petrified! Am I looking at jail time when I go to court? Also, how are public defenders? Will they work hard to make sure I dont go to jail like a real lawyer would? This is happening in San Antonio Texas. I would really appreciate any information or suggestions at all about my case. Thanks in advance.

Answers (3)

Herman Martinez

This attorney is licensed in Texas. Posted about 1 year ago.

Based on what you stated here you might not be guilty of this crime! You are presumed to be innocent. Accordingly, the burden of proof is on the State. You are also entitled to a trial regardless of your financial situation. Nevertheless, more investigation needs to be done before deciding what to do with your case.

Since the amount in question is more than $1,500 and less than $20,000 this is classified as a state jail felony. A state jail felony is the lowest level of felony. Nevertheless, the punishment range is from 180 days to two years in a state jail facility. Moreover, you are eligible for community supervision (deferred adjudication or Probation) since you have never been in trouble before this event. As stated above, you may be innocent of this crime so do not take the easy way out and just plead guilty to something "to take care of things."

I am not sure how Bexar county handles felony warrants, but in Houston, Harris county they rarely afford a defendant the opportunity of a pre trial bond for a felony. I would confirm that the information that you are given is correct. It is very common for government workers to say that you will not go to jail and then when you are in custody the say differently. You may want to contact several bail bonds offices in your county to determine the validity of the pre trial services comments. You will always be able to make a bond in your case without going to jail with a bonding company.

I am not sure if San Antonio has a public defenders office dedicated to your type of case. This statement is from the Bexar County Public Defender's office "The Bexar County Appellate Public Defender's Office will zealously represent the client within the Texas Rules of Professional Conduct and the laws of this State and the United States." I am sure there are very competent public defenders in San Antonio. One of the biggest negatives about being appointed a public defender is that you do not have a voice on who you get appointed. Thus, you may be appointed that is quite competent and you can along with or you may get someone that lacks experience and you do not feel comfortable handling your case. I would hope that every lawyer would work hard on your case and try to accomplish what you want or better regardless if he is court appointed or hired by you.

destini0805 (law student)

Posted about 1 year ago.

I guess this is all procedure because I was told the exact same thing you were. I called to see when this is all going to happen so i can get prepared financially and so on. But, the investigator told me it could take months.