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  1. #1

    Default Food Stamp Overpayment Charges

    My question involves criminal law for the state of: PA

    i was overpaid in food stamps because i waited a month to report my earnings after i got a job. nearly 2 years later, i get a notice to appear at a prelim trial for the overpayment. i hired an attorney and the OIG rep filed a motion to give me 3 months to repay. in that time frame, i lost my job and became very ill and subsequently had to have 6 surgeries. i was to show up for court and couldn't make it, so my attorney said he would show up and get it rescheduled. i never heard back from the attorney and now i find out that i have a warrant for my arrest for failing to show up for court. i paid this guy $1000 to represent me and he dropped the ball, but i did also for never following up with him to find out what happened.

    it gets worse, i am currently unemployed and just found out that i'm pregnant. i need to apply for medical assistance. what will happen to me? am i going to jail? i'm not in the financial position to pay another attorney right now. should i turn myself in? i am just at a complete loss. any advice?

  2. #2
    Join Date
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    Default Re: Food Stamp Overpayment Case

    How did he "drop the ball? Was it your lawyer who took benefits he wasn't entitled to receive? Was it your lawyer who didn't repay those benefits within the timeframe of the deal? Was it your lawyer who decided he had priorities other than going to court as ordered? When you don't show up in court, even if your lawyer is there to try to make excuses for you, it's anything but unusual for the court to issue a bench warrant.

    Have you called your lawyer yet?

  3. #3

    Default Re: Food Stamp Overpayment Case

    i love sarcasm. i just meant that he dropped the ball because he didn't call me to let me know what was going on. he told me that he would show up to court and ask for another court date, but i never heard from him after that. if they issued the bench warrant on that particular day and did not grant me another court date, then i should have been told that. that's all i was saying. i'm not blaming the attorney for what i did wrong. i missed the court date because i had surgery the day before and i was in the hospital, so it's not that i missed the court date to go get my nails done or something, i was immobilized and sedated and confined to a hospital bed. my attorney knew this and had my paperwork from the hospital. it had nothing to do with not having my priorities in order, it had everything to do with me being physically unable to go to court on that day.

    yes, i have left him numerous message and no call back. i have even called his home and left messages there as well. nothing. his office isn't close to me at all and i don't have a vehicle or a way of getting there or else, i would have checked his office.

    i didn't ask this question to get flamed on a message board, although i know that it is par for the course on a forum like this. i was asking for some suggestions as to what i should do. thanks.

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