Legal Question in Criminal Law in Texas

I am currently under investigation for fraud by the Texas Workforce Commission for unreported or incorrectly reported earnings. The amount in question is over $1500, therefore they are threatening:

- repayment of unemployment benefits from last year

- cancellation of unemployment benefits from this year.

- and the potential for Class A misdemeanor criminal charges (chapter 214 of the TUCA) or prosecution for fraud under Section 32.46 of the texas penal code, securing execution of document by deception.

I have a call with the TWC on Thursday afternoon (4/14), and want to be sure that I do not get myself in trouble by saying the wrong thing.

1. Is there anything that I should say, or not say?

2. If they choose to move forward and pursue, what is the normal process?

3. Should they get a conviction, for a first offense (for anything) how real is the potential for jail time, and any input as to how long?

4. I can not afford a lawyer - any resources for free legal aid you can recommend?

Thanks,


Asked on 4/12/11, 12:57 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Not knowing what you have or have not done, it is very hard to give you advice on what you should do. Assuming that you are guilty, why would you talk with them at all? If you did as they think, then all you can do is make it worse. If you are not guilty but they believe you are, then there is probably nothing you can say that will help you, either, and it would be best handled with representation in a court of law.

There is no legal aid for cases that have not been filed. If you are truly indigent, and if you get chcharged with a criminal offense, then a lawyer will then be appointed to represent you.

Assuming without researching that you are correct on the offense level (which I really do not think is correct - I would think that like welfare fraud this kind of fraud is a felony), a Class A misdemeanor carries up to 1 year in jail & up to a $4,000 fine. The possibility of going to jail as a first offender on any type of charge depends on many factors including the court you are in, the prosecutor handling the case, etc. To minimize your chances of jail or imprisonment, you need to be prepared to make full restitution up front.

Read more
Answered on 4/12/11, 2:48 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas