Legal Question in Criminal Law in California

Welfare fraud

A women's son is arrested, her father dies, and moving all in 2 months time. She forgets to report the child out of the home. Found gulity, 5 years later she finds out there's a warrant for not paying. And recieves a ticket to appear in court, But she's working with DCSS, and trying to find job so the debit can be paid. She has to report to court in 1 week for ticket on warrant. What are her options? Or what can she do? And when she goes to court will she be arrested?


Asked on 7/11/08, 3:01 pm

3 Answers from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Welfare fraud

She probably wont be arrested, but cant be certain without more info. You should hire a lawyer to assist you in this matter.

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Answered on 7/20/08, 8:38 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Welfare fraud

She is not going to go to jail unless her skipping on her payments was willful. In other words, if she can demonstrate to the court that she in fact did not have the money to pay, she should not be arrested, assuming there are no other probation violations.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 7/11/08, 4:52 pm
Daniel J. Mangan III JuryTrialJustice

Re: Welfare fraud

Some depends on 1) which county, results vary by county. 2) misdemeanor or felony conviction? 3) amount at issue? 4) Proof client is working w/the department to retire the debt...take it to Court. 5) no other violations....Best do a consult with counsel before Court if at all possible...even the Public Defender should offer this if it was a PD case.

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Answered on 7/11/08, 9:35 pm


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