My question involves criminal law for the state of: Oklahoma
the Count # 1. Count as Filed: WELF, OBTAINING FOOD STAMPS BY FRAUD, in violation of 56 O.S. 243
Date of Offense: 10/01/2007
Disposed: DEFERRED, 02/22/2013. Guilty Plea
Count as Disposed: OBTAINING FOOD STAMPS BY FRAUD(WELF)
Violation of 56 O.S. 243
Count # 2. Count as Filed: WELF, OBTAINING WELFARE ASSISSTANCE BY FRAUD, in violation of 56 O.S. 185
Date of Offense: 10/01/2007
Disposed: DEFERRED, 02/22/2013. Guilty Plea
Count as Disposed: OBTAINING WELFARE ASSISSTANCE BY FRAUD(WELF)
Violation of 56 O.S. 185
I am not sure if I can even do anything to reopen my case but in 2011 I was informed I had 2 felony warrants. I have attached the 2 above. These charges were my 1st and only criminal or any kind of charges including speeding tickets so I was absolutely clueless who or what I needed to do. I was given the name of a criminal attorney and went to see him find out what I needed to do to find out what these charges were for and how I needed to handle them. We 1st did a walk through and I PR-ed and then my 1st court date was set. My attorney told me I didn't have to be at my 1st court hearing on 1/4/2012. There was 7 court hearings to follow and I did not have to appear at any of them per my attorney..
I had met with my attorney 1 time over the period of time from 1/4/2012 to 11/20/2013 and he advised me he was negotiating with the DA I asked him what the details were on these charges were and why am I being charged with them that I did not commit any fraud. He informed me that during the time I received assistance I had received bonus pay and did not report it to DHS. I told my attorney that if not submitting my bonus was fraud then I guess get a cell cleaned out for me because I guess I committed fraud but I don't understand that because I have had a child support case open with DHS since 2005 for 3 kids on my ex husband and DHS does not consider overtime or bonus pay a part of income because it is not guaranteed pay?? How can the same business or state office have different rules for 2 different departments when it comes to income and then it was a weekly delinquency bonus that I may hit one week then not again for 7 weeks, I asked what I was supposed to do go in to the DHS office and change my income weekly??
Well then I questioned the 18,8??.?? they were claiming I received in benefits I told him I would like records of this amount and how they came up with that amount because I don't recall getting 1/2 of that amount but what he told me was it was my day care and other benefits combined. So he advised me he would request records of this amount and assured me I wouldn't go to jail. I waited another 6months and my court continuing to get postponed and when I called my attorneys office his assistant told me they were negotiating. Finally I got a call from his office to advise me I needed to be in court 12/21/2012 a year after my 1st hearing. On 12/21/2012 I went to court as directed but my attorney did NOT show up! So the DA and judge spoke and called my attorney's office and set a continuance hearing for 2/22/13. I went again to court and before my hearing my attorney spoke to me about my options and I thought I was pleading No Contest because it was my only option and was advised it was not admitting to guilt.
We went into court and of course everything seemed in French to me because I was a nervous wreck scared to death but thinking I paid this attorney and he was supposedly been gathering details of what the DA claims they had of me committing this crime and being the professional with the licence in law I didn't question what he advised me. The judge waived my court cost & some monthly fee of 40.00 that usually is required when paying restitution and they put me on a 10yr Deferred sentence paying 159.00 every month. Now I look at the online Oklahoma State Court Network and it says:
Disposed: DEFERRED, 02/22/2013. Guilty Plea
I have been paying 161.00 a month since that court date.
Well around the middle of 2015 I received a letter from DHS stating a large payment was made and my balance was something like 6800. but I had only been paying a year and 161 a month doesn't add up to 12k so I was concerned because I was charged with over $18k.. Well not 30days later I get another letter or statement from DHS stating my balance was like 2400 so I called them and asked them how I am being charged with 18+k and they are sending me statements thousands of dollars less and with in 30 days sending me another statement even 4k lower? The DHS agent couldn't answer my question she said she doesn't even see a 18k amount for me owing she advised me she just has record of 10k.
Now I am way confused and frustrated I already didn't feel I owed any of this money to them so I called the DA the place I pay my restitution to and spoke to a lady who told me my case couldn't be reopened that the judge made her decision already and told me she would call DHS and find out why and what those statements were that I was sent. I asked her she could send me a copy of the break down of the 18+ I was being charged of receiving fraudulently and that my attorney requested it during the time of negotiation but I never got a copy. When she called DHS and then called me back she told me I wont be receiving any more statements from them and explained that once I have paid 10k I need to continue paying each month but once I have paid 10k every payment after that will go to the DA then they will send it to DHS and then DHS will cut me a check for that amount and send it right back to me..I have no idea why nor do I understand why she says I will get anything over 10k sent back to me but I do need to continue paying my court ordered payments. Then she informed me that the file has no breakdown of the 18k I am being charged for fraud for receiving, she said it was never requested!!
So now I don't believe my attorney was looking into or getting documentation of anything for my case I mean he didn't even remember to show up to my court hearing on 12/21/12 so I was there alone.
I think I simply don't know enough about the law or criminal charges or the right person to help me in fact and now the field of employment being FINANCE and court records showing a GUILTY FRAUD PLEA has needless to say put me in a serious hardship while raising 3 kids with no child support or assistance. My attorney also told me that when I am asked on an employment application that when it asks if you have been charged with any felony crimes that I am to mark NO but when looking online at court records it sure reads that I plead guilty to fraud...
So am I just stuck with what I have or is there anything I am able to do about it now?

