Three years ago we got hit by a drunk driver in Texas, due to this we had to go apply for foodstamps and medicaid. Our District Attorney here referred us there while our applications to the Texas Crime Victims went through because the driver had no insurance. I just got summoned by the state because they are alleging we did not report all of our income. Which is true but it was not done intentionally I had explained to our case worker the situation and the way my husband's jobs works, he works for a broker and therefore has many changes in his job history/information, she advised we did not need to report every single change unless it was permanent, I did as I was told and left it at that... now I have received a summons to appear in front of a Justice of the Peace because of not reporting the changes plus we where making more than we had reported wich by the way monies earned where used to pay for ALL of our medical and financial strains caused by the accident that forced us to go apply for these services... What can I do now? Could I be arrested because of this?

Hello t:

You can be arrested for it. Soooooo, I'd hire a criminal lawyer to go with you.

excon

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Originally Posted by tweety12

Three years ago we got hit by a drunk driver in texas, due to this we had to go apply for foodstamps and medicaid. Our District Attorney here referred us there while our applications to the Texas Crime Victims went thru because the driver had no insurance. I just got summoned by the state because they are alleging we did not report all of our income. Which is true but it was not done intentionally I had explained to our case worker the situation and the way my husband's jobs works, he works for a broker and therefore has many changes in his job history/information, she advised we did not need to report every single change unless it was permanent, I did as I was told and left it at that...now I have received a summons to appear in front of a Justice of the Peace because of not reporting the changes plus we where making more than we had reported wich by the way monies earned where used to pay for ALL of our medical and financial strains caused by the accident that forced us to go apply for these services...What can I do now? Could I be arrested because of this?

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Yes, you can be arrested - it's fraud. Why/how/where the money went is not going to matter. Take your paperwork and a good Attorney.

Sometimes you have to ignore caseworkers who give legal advice and do what makes sense to you - this is in the same category as fathers/mothers who are ordered to pay support as a percentage of income but don't report overtime or bonuses. It may not be permanent income but it is income!

For starters get all the changes and the amounts of monies straight so your paperwork that you bring with you is really correct. They are not too overly concerned about what the money went to pay but I would bring all those receipts in as well. If you can, retain a good attorney in the meantime. You may be looking at paying back whatever overages you were paid and having some kind of ban on collecting any kind of benefits from the state for a period of months or years. Good luck.

Can you be arrested, yes you can be, what will most likely happen they will just require you to pay all of the money back that you should not have gotten. Have complete records of what money was actually earned

Thank you to all for your response... I have contacted my Distrct Attorney's Office, MADD, and a TR Legal Aid Office. All are willing to help. Since this was caused by a drunk driver MADD is stepping in to help, delicately pushing my DA's office to help in the matter, I have been referred to a Legal Aid Office to further assist at the time of my court date. I hope all goes well, since it was a mistake on my part I am willing to pay what I owe the state, hopefully that will help my case. Thank you all!