Welfare Fraud, First Offense

jivepepper · #1 03-04-2009, 04:30 PM

My question involves criminal law for the state of: WV

A relative's spouse as been indicted for welfare fraud, for a total of 14k. What is the normal sentencing for this crime for a person with no criminal past?

Will they come after the spouses personal property? The spouse is handicap on SSI and only owns a 9 year old mustang with 155k which he's only a co owner with his mother and a couple hundred dollars in a checking account. Plus my relative is afraid of losing their home because the spouse is the main source of income and they still have 2 kids at home.

aaron · #2 03-05-2009, 12:37 PM

This person should seek a court-appointed lawyer, who will advice him about possible plea bargains and the likely penalty for his crime. The odds are he'll be ordered to pay restitution, but I doubt there's much chance of the state seeking any sort of civil judgment or attempting to collect against marital assets.

jivepepper · #3 03-05-2009, 09:19 PM

Thanks guys. I think the relatives spouse was just under a lot of pressure because they went for a couple years with only one income while they were seeking disabilities benefits.

I think they were only over the guide lines a hundred or 2 a month and the medical bills was ruining them. They know what they did was wrong regardless of the circumstances and want to make restitution and do whats right. I this doesn't get jail time because the rest or their family needs their income to keep their home. They are 40 years and hasn't even had a speeding ticket.

jivepepper · #4 03-09-2009, 12:24 AM

Well I just found out it wasn't 14000, it was only 2880 dollars. They told me that is was 14k that was undeclared income. I guess the daughter made that. I was told if a child is a full time high school student that their income is exempt. So they might owe nothing.

jivepepper · #5 03-12-2009, 09:52 PM

Well they're getting what is called a pre trail diversion or something like that. I guess they set them up on a payment plan and when they're done paying there will be no conviction. But it will show that they were charged or something like that.

tc498 · #6 03-05-2009, 11:16 AM

It helps that it's his 1st time getting in trouble,14k is a lot of money,there a strong chance for jail time.All we really can do is guess,he should ask his lawyer what he thinks the outcome can be.