Legal Question in Criminal Law in California

My step-daughters Mother has just been charged with fraud (WI 109080 c 2 and PC 118) for receiving aid and claiming my step-daughter and her other Son which have not lived with her since 2006 (she has been receiving aid since 3/2007). I believe that she got a notice stating that she owed Welfare around $11,000 for food stamps and another 14,000 for medi-cal fraud. What does a court impose on these type of cases (charged with a felony) in California? I am trying to gather information so that me and my Husband can be prepared to talk to my step-daughter in case that her mothers case is more serious.


Asked on 5/21/12, 1:09 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

She is probably facing multiple counts of welfare fraud and perjury, as every month's eligibility forms are signed under penalty of perjury.

The biggest thing that she can do to help herself out is to get as much restitution together as possible. Up front payment of any or all the restitution owed will put her attorney (yes, she absolutely needs one) in the best position for the best outcome. Perjury is a straight felony and cannot be reduced to a misdemeanor, but the other section (it's actually 10980) is a "wobbler" and can be reduced to a misdemeanor. Will that happen? It depends on the facts and restitution payment primarily.

She either needs to hire an attorney or request the services of the public defender when she goes to court.

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Answered on 5/21/12, 1:16 pm


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