Legal Question in Criminal Law in Texas

Food stamp fraud

My situation is like this i was receiving food stamp for quite a while,i realized one day i might be getting over paid,so i called them and told them this,thinking they would just lower my food stamps to make the diff.The next thing i know i was told i had to go see and investigator about this,so not fearing i did anything wrong i went and we talked for like 2 hours,at the end of the meeting she told me she was writing it up as a mistake,,but her boss makes all the final saying in what happens,,so i went on with my life working and taking care of my children,,well i checked the mail this morning and i got a bad shock,i got a letter dated two weks ago saying i have to call and find out when my court hearing was,,so i called and the man on the phone said he was waiting for the warrant to come out,that i should keep calling untill it does and then turn myself in,it said i was overpaid like 3000 dollars,now im scared to death i need to know how to get a public defender and should i trust this guy and turn myself in ,he said they would most likely drop the bond beings ive never been in trouble for anything in my life,is this true,i really dont know what to do,,i cant afford to go to jail no one will be able to take care of my children


Asked on 7/21/08, 1:34 pm

2 Answers from Attorneys
Pat Montgomery Board Certified in Criminal Law by the Texas Board of Legal Specialization

Re: Food stamp fraud

You should not talk to the police under any circumstances. If you do not believe me, watch this video.

http://video.google.com/videosearch?q=%22talking+to+the+police%22&hl=en&sitesearch=

If you are arrested you should say repeatedly: "I want to talk to a lawyer," and nothing else.

If you cannot afford an attorney, you should ask that one be appointed. If you do not care for your appointed attorney, you can always fire him/her and hire private counsel. Meanwhile, their services may benefit you.

You should start saving money for a bondsman and a lawyer. Do not allow your lawyer to act as your bondsman, it is a bad idea. A bondsman wants a case closed as quickly as possible in order to avoid potential liability if the client does not show for court. A lawyer may require extended time to obtain your best possible result. Therefore, I believe there is a potential conflict of interest in acting as both lawyer and bondsman.

You should interview Board Certified Criminal Lawyers. Of the thousands of lawyers in Bexar County, only about 50 have this credential. You can visit the Texas Board of Legal Specialization website to see the list. Many are judges or prosecutors, unavailable for you to hire.

I hope you find this information helpful.

WWW.PATMONTGOMERY.COM

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Answered on 7/21/08, 3:13 pm
TC Langford Langford Law Office

Re: Food stamp fraud

I agree with most of what Mr. Montgomery told you, but am guessing that you have no money to save for bonds or lawyers. Go to your church, go to Catholic Charities, go to every agency you can imagine; and explain your circumstances and find help to get a pro bono lawyer now to help you care for your kids and help protect you while this unfolds. DON'T stop until you get someone to help you.

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Answered on 7/21/08, 11:06 pm


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