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What can I do? Do I need an atty? All regarding food stamp fraud

El Cajon, CA |

I had a public investigator from the district atty office come today, verify/clarify questions about what my husband reported when opening the case, and he told me there were discrepancies and questions needing answers and if anything didn't match we would be charged with welfare fraud. My husband is on parole and would be sent to prison. The issue was rent amount and how it was paid. I fixed the amount for the man and told him about my unemployment. He acted as if he did not know about it but now looking at papers we need to turn in they asked for verification of my unemployment. At what point do I know if I am being charged? At the end he said that all his doubt and curiosity was satisfied and that was all he needed to know and that it all made sense? I couldnt be more scared

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Attorney answers 4


You should probably meet with a criminal defense attorney to see what is likely to happen, especially given your husband’s parole status.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


I agree with my colleague.

As an FYI - for many types of cases it is okay to post data here on Avvo. I suggest to people facing criminal matters or criminal investigation that you NOT post those details here - anything you post here is public, is not protected by attorney client privilegee, and could be used against you later. Ask general information questions to protect your identity and information.

best of luck to you.

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.


If an investigator tries to follow up you should definitely not speak to them without an attorney. If you cannot afford a lawyer you could call the Public Defenders Office but it is my understanding they will take no action until arraignment.

Once the investigation is complete, a prosecutor will review the reports and decide if charges should be filed and if so, what charges.

If charges are filed you will most likely be sent a notify letter to come to court. Although this letter is a courtesy and the DA's office could just issue an arrest warrant, it's generally easier for them and you if they send the letter.


Contact a locally experienced criminal defense attorney ASAP to followup with the investigating agency on your behalf. In the interim, resist the temptation to discuss this case with anyone other than your attorney.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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