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Pre-Filing Public Assistance Fraud Cases

Public assistance fraud is taken very seriously by the state of Florida and by the often overzealous investigators assigned to public assistance fraud cases. Thankfully, there are many opportunities during the pre-filing of public assistance fraud cases for your lawyer to advocate on your behalf. 


If you’ve been arrested for public assistance fraud, or suspect you may be under investigation for public assistance fraud, contact the experienced defense team at Hanlon Law in Kissimmee today. 


What is Public Assistance Fraud?


Public assistance fraud, also called welfare fraud, is defined by Florida Statute 414.39 as falsely representing personal information, attempting to falsely represent personal information, or assisting another person in falsely representing their personal information to obtain public assistance that you would otherwise not be entitled to. This could involve something simple, like failing to update your estimated annual income after receiving a raise, or something more complex, like lying about your household members and household income. 


Using another person’s personal information as your own is also considered public assistance fraud. If you do so without that person’s knowledge and consent, you may also face identity theft charges. If that person is aware of and consented to you using their information, they could be charged with public assistance fraud along with you.


Statute 414.39 also includes fraudulently obtaining or using food stamps. This could involve misrepresenting your personal information to get food stamps you aren’t entitled to, forging food stamps or using forged stamps, even if you didn’t forge them yourself, trafficking food stamps, or altering food stamps you are entitled to so they cover more than the state has allocated.


The penalties for public assistance fraud depend on the total value of the goods, servies, or monetary benefits fraudulently obtained. Generally speaking, the court will look at the aggregate value of any and all fraudulently obtained benefits for the most recent consecutive 12 months. 


Depending on that value, sentencing includes: 


  • Less than $200 (first-degree misdemeanor): Up to 1 year in prison, up to $1,000 fine
  • Between $200 and $20,000 (third-degree felony): Up to 5 years in prison, up to $5,000 fine
  • Between $20,000 and $100,000 (second-degree felony): up to 15 years in prison, up to $10,000 fine
  • Greater than $100,00 (first-degree felony): up to 30 years in prison, up to $10,000 fine


What Is the Pre-Filling of Public Assistance Fraud Cases?


Pre-filing refers to any and all steps leading up to official charges, which may include preliminary investigations, defining the crime, and lots of paperwork. Every step of this process is an opportunity for your lawyer to advocate on your behalf and attempt to secure a favorable outcome.


For example, one pre-filing step is to define the crime. Before you can be charged, the prosecution has to determine what specifically you are going to be charged with. Most crimes have multiple severity levels. If your attorney can speak with the prosecutor before the charges have been defined, they might be able to negotiate a lesser charge, and therefore a lesser potential sentence. The pre-filing stage is also when your attorney may attempt to secure a plea deal, where you plead guilty to a lesser charge to avoid a possible guilty verdict on a more severe charge.


What If You’ve Been Arrested?


Getting arrested can be a terrifying experience, but remember: an arrest is not a charge. Arresting a person of interest in an investigation is just another preliminary step before charges can be filed. The most important rule to follow if you’ve been arrested is to never speak to anyone without your lawyer present. Give no information, answer no questions, and wait for an experienced defense attorney to advise you. The “right to remain silent” means you don’t have to answer anyone’s questions, and can’t get in trouble for refusing to talk. 


What If You Haven’t Been Arrested?


If you haven’t been arrested, it’s still important to remember that you have the right to remain silent. Law enforcement officers may seek you out to ask you questions pertinent to their investigation, without actually naming you as a suspect or arresting you. They may even try to intimidate you into going to their station to make an official statement. But don’t forget: anything you say to them is considered admissible in court, which means it can be used against you if you end up charged with anything. Your best course of action is always to politely decline to answer any questions and contact a lawyer immediately. 


Kissimmee Criminal Defense Lawyers


In Florida, there is a special law enforcement division specifically dedicated to investigating public assistance fraud against various public assistance programs (such as the Temporary Assistance for Needy Families (TANF), the Supplemental Nutritional Assistance Program (SNAP, food stamps), Medicaid programs, Social Security Disability programs, Disaster Relief programs, and school programs such as School Readiness and voluntary pre-kindergarten). 


This division aggressively goes after any accusations and reports of fraud in an attempt to either prevent or recoup state losses, which leads to a lot of innocent bystanders or people only marginally involved in fraud getting accused, arrested, and even charged. That’s why the importance of hiring a competent, experienced defense attorney cannot be overstated. 


At Hanlon Law, our criminal defense team has nearly twenty years of experience in the courtroom. We’ll respond to these aggressive investigations by aggressively advocating on your behalf and taking advantage of every possible opportunity to intervene. 


If you’re being investigated for public assistance fraud, or suspect you may be under investigation for public assistance fraud, don’t leave things up to chance. Contact Hanlon Law in Kissimmee today to schedule a free consultation.

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