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Will welfare offices send a notice if they plan to file welfare fraud charges against a friend?

San Antonio, TX |

Last week a friend of mine had a meeting with investigators? He said it was due to complaint of welfare fraud? Will they send a notice if they plan to refer friend"s case to a prosecutor to file charges or will they just come arrest my friend?

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Attorney answers 5

Posted

Not necessarily. I've seen it happen both ways. Unfortunately, the worst will be the wait & see.

Posted

They may but they do not have to.

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Posted

Not necessarily but they can. It happens both ways.

Posted

I have never seen prior notice sent out in my part of the state. Not to say it may not be happening elsewhere, but what I see most often is that the "flag" for a prosecution coming down the tracks is when the person getting benefits is interviewed by the investigator.

I would add that not all welfare fraud cases are hopeless. If your friend is expecting a welfare fraud charge, now is the time to be talking to criminal defense lawyers who have experience with that kind of case.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

Jodi Soyars

Jodi Soyars

Posted

I have had client's tell me they were told if they repay it within a time certain no charges will be pressed. They didn't pay it and prosecution followed, but you are right in that they didn't receive written notice.

Posted

They will most often contact your friend for an interview. At that interview, it will likely be recorded. Be aware that any incriminating statements made at that time will be used later. If the total amount is over $1,500, it will probably be a felony in Texas.

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