Legal Question in Criminal Law in California

Welfare Fraud and Perjury

I filed for welfare(aid,foodstamps and medical) one month before my sons 18th birthday. Mostly for housing help. I have legal custody of him and I told them that he lived with me. Well we were living in my car and I thought it best for his last year in school, until I could find housing he would stay with my parents. I was afraid they were going to take him if they found out we were living in my car. Now the county has pressed welfare fraud and perjury charges against me. The school told them that my parents come to most of the conference and meetings...which they did due to my homelessness and I stayed in a motel for about a month on help from the county and they told welfare that my son was not with me when in fact most of the time he was. It was alot easier for him to stay at my parents because he worked at the communities country club and went to school there. I however was staying at the river 35 miles away. I am looking at 2 felony charges and I really dont believe that I have done anything wrong. If we were living in my car or told them that they would of taken him away from me. I have never been in any trouble before and never charged with anything like this. Im scared. What shall I do? Cant afford a lawyer.


Asked on 7/13/04, 3:24 am

3 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Welfare Fraud and Perjury

Ask the court to appoint an attorney to represent you. Then discuss the matter fully with that attorney. Talk to friends etc and get the names of some witnesses that your son lived with you. If you gave any of the money to your parents determine the amount you paid to them.

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Answered on 7/13/04, 10:56 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Welfare Fraud and Perjury

You need a lawyer. If you can't afford one the court will appoint one for you at public expense. Call the office of the public defender for the county where you were charged and explain your situation; they will tell you what you need to do in order to have a lawyer appointed for you.

I sympathize with your view that you have done nothing wrong. Ethically, it's a reasonable argument (though by no means a sure winner). Legally, though, it won't work. You falsely stated on your application that your son was living with you, and you did so in order to get money from the state which would not have been available if you had told the truth. This is welfare fraud, plain and simple. Since you signed the document under penalty of perjury, the perjury charge is also proper. The argument that it was OK to lie under these circumstances won't do you much good; after all, the application required you to swear that the information you provided was true and not that it was false but justifiably so.

These charges could get you a substantial prison sentence, so go call the public defender and start preparing your defense.

Good luck.

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Answered on 7/13/04, 1:19 pm
Terry A. Nelson Nelson & Lawless

Re: Welfare Fraud and Perjury

If your parents can't pay for a private attorney for you, get a public defender.

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Answered on 7/13/04, 3:29 pm


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