Legal Question in Criminal Law in Colorado
I am no fraud, help!
i applied for foodstamps, investigator believes I lied about my place of residence. I am between friends houses, gave her the address where I planned on living. Now, she is turning me into DA. But, it is my first time applying and I didn not lie, I really had no idea where I was going. what do I do?
2 Answers from Attorneys
Re: I am no fraud, help!
Has the DA actually filed charges against you? The charge would most likely be a class 5 felony in the category of "welfare fraud" for lack of a better term. But they do have to prove your intent (e.g. your intent to defraud the food stamp office to gain an unjustified benefit). That could be difficult, it sounds. A question would be what was the reason you gave the address you gave. Nevertheless, sometimes District Attorney's will file charges without all of the information they should have. This could be one of those cases.
You can contact me if you wish to discuss this furhter, otherwise, best of luck.
Bill Griffin
Re: I am no fraud, help!
Well, it sounds like you have already told the investigator the truth. The DA may try to prosecute you or may not. If they choose not to, be more specific on your applications in the future.
If they do file charges, get a Public Defender and discuss with them prior to taking any plea offer. Some of the upfront offers sound good, but are not. You likely need an attorney to figure this out.
Do not talk to anyone except your attorney. I would not recommend telling the truth to anyone except your attorney. You may wish to make a list of witnesses and their contact information for your attorney. Please note that some investigators will only give the DA the parts of your statement that hurt you.
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