Legal Question in Criminal Law in New York

Hello, my mother received a letter from the district attorney today. She is being accused of Food Stamp Fraud for from '08 to '11, and it is estimated she will have to pay back $12,000. They claim she was reporting unemployment even though she was working, however, she has never maintained a steady job and works only when they call her in mostly Saturdays and Sundays. She is a Housekeeping attendant for a Hotel, and during the holiday months would be called in multiple times, while there would be months at a time where she was not being called and was sent to collect unemployment by her company. It has been during these times that she has applied for food stamps. She has records of all the documents of her unemployement during these years.

In addition, they are also accusing her of not reporting my (her daughters) income, however I have been enrolled full time in college since '08, and have a part time job. She has told me she did not report this because she was under the impression they were referring to a full time job.

The DA has asked that she come in, spend a few hours in jail, and then proceed to see a judge. Will the fact that she has been unemployed and works on and off, as well as my current full time enrollment in school serve as any valuable means to prove her innocent of committing intentional fraud? What is the worse that can happen in this situation? Please help.


Asked on 6/12/12, 4:38 pm

2 Answers from Attorneys
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

You need a criminal defense attorney, do not surrender to the DA without contacting an attorney

first.

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Answered on 6/12/12, 4:43 pm
Steven Czik CZIK LAW PLLC

Tanya is right. It would be highly recommended to have an experienced lawyer with you defending you and preserving your rights in court. It would also greatly increase the chance of lowering the charges. We have substantial experience handling these types of cases and reasonable fees, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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The information provided by Czik Law PLLC (CLP) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. CLP is not taking and will not take any action on your behalf and will not be considered your attorney until both you and CLP have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain CLP on terms acceptable to CLP, you are advised to immediately seek the services of another attorney.

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Answered on 6/21/12, 9:43 am


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