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Wrongly Accused of Theft of Social Services (CRIMINAL LAW & PROCEDURE)

Thu, 04 Dec 2008 14:49:00 GMT
Tags: accused, convicted, criminal, edinburg, felony, fianc, involves, law, procedure, services, social, state, texas, theft, wrongly

My question involves criminal law for the state of: Texas

My fianc was wrongly accused and convicted late last year in Edinburg, Texas on a felony charge of theft of services in the application for and acceptance of medical treatment charged to Medicaid and TANIF assistance relief money, with a total of $1,500.00. Out of the blue one day, she was arrested, jailed, and brought to court on these charges.

She hardly speaks any English and her court- appointed lawyer's Spanish skills are clearly not proficient. In fact, she had me speak to him on a particular matter because she could not understand his Spanish.

His communication to her gave her the understanding that since she was indigent and he was only being paid as a court-appointed attorney, she should plead guilty on the charge because he could not spend a lot of time defending her. If she did not plead guilty, moreover, that she would be deported to Mexico and she would lose all four of her children.

In court, she tried to explain to the judge that she did not sign for the services she was accused of applying for and that was not her signature on the documentation. The judge chastened that, nevertheless, this is your name so it must be your signature. He also accused her of being "hysterical" in his court (at this point in the midst of her defending herself, especially since her attorney made if clear he was not going to, she was terrified of losing her children), and he also mentioned that she will be deported if she does not act more rational and "behave better" in her courtroom.

I am in the process of attempting to obtain the original documents pertaining to this case in order to do something that Texas State Health and Human Services investigators (who originally brought these allegations), the court system, and even her attorney apparently failed to do: compare her signature against those on the original documentation. However, everybody is stonewalling me at this point, and we are having a very difficult time obtaining these. I even asked her attorney pointblank, "Did you compare the signatures," and he evaded this direct question.

I do not think there is any way my fianc could be lying about what actually happened here. Her explanation is that her ex-husband encouraged his new girlfriend, who has the same first name as my fianc, to apply for and receive these services for both her and her children.

My fianc has never had any brush with the law before this and worked seven days a week before this felony charge was flagged by her employer who immediately fired her from her nursing job.

She was wrongly accused here, was provided inadequate legal counsel and defense, and had a judge who did not provide adequate translation services; as such, she was coerced into entering a guilty plea in the fear that she would otherwise be deported and lose her children.

Under these circumstances, she did the right thing in sacrificing herself and reputation in order to keep her children. How do we go about getting justice now, especially after I am finally able to compare the signatures on the original documentation from Texas State Health and Human Services Agency and the Hospital where the services where obtained? What are our potential remedies we could pursue her: ask for another trial, try to get a pardon, or only get her record expunged?

There were some grievous errors and mismanagement made in her case where she has done nothing wrong. Even more frightening, given the cavalier attitude of the entire legal system here, she remains in danger of this happening again with the risk of this outside party applying for services again, and then the system comes after her again for this.

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  • Fri, 12 Dec 2008 00:03:00 GMT(1)
  • Mr. Knowitall,

    Thanks so much for your input.

    The facts are that neither my finance, nor any of her children, received any of the medical services/funds that were applied for: not any of the extra food stamp allotments, not any of the medical services, nor any other of the relief funds.

    What actually did transpire is that her ex-husband's girlfriend, who has the same first name as my finance, actually applied for and received these funds, most likely using my finance's SSN. My finance, although arrested, jailed overnight, and charged with these crimes received nothing. Her contention from the beginning is that she never signed any applications, or other documents for these funds, it was all done by the ex husband's girlfriend.

    In the court proceedings, she was never given access to a court-appointed translator. The judge, who was also being very threatening, translated some for her during the proceedings.

    The only other language assistance she had was her court-appointed attorney, who has very minimal Spanish skills and who made it clear that she should plead guilty because he was not being paid enough to defend her, and that if she did not, that she would be deported and lose her children. Other than this, there was no one else present to explain what was going on or what were her rights.

    My finance lost her nursing job 3 months ago because of this felony charge, and I have been unemployed since August due to disability. I do have an educational background and am inclined to try to do whatever I can first. Lawyers are quoting between $7,500 and $10,000 to start on this, which neither of us have.

    I invite any other comments you, or others, could offer on this.
  • Fri, 12 Dec 2008 06:49:00 GMT(2)
  • One additional clarification:

    Before she was arrested and charged in this case, my finance had been (and still is) receiving valid State and Medicaid services for her four children over the past four years. Her ex husband abandoned the family six years ago, and Texas State Social Service investigators have never been able to force him to pay any child support.

    It wasn't until late last year that she was arrested for the application for and receipt of additional services (thus, an allegation of double-dipping the system), which, in fact, she never did. She has contended from the beginning that it was her ex husband and his new girlfriend that actually applied for and received these relief services.

    In court, because of incompetent legal counsel, no access to a court-certified interpreter, and a judge prejudiced against even documented immigrants, she was coerced into entering a guilty plea at the threat of deportation and the loss of her children. Before this occurrence, she has never had so much as a speeding ticket or any other brush with the law.
  • Sat, 06 Dec 2008 13:41:00 GMT(3)
  • What are you stating happened? That your fiancee's children received benefits, paid for by the state, that she didn't qualify to obtain? Or that she received a reimbursement of $1,500 from the state? How would anybody but your fiancee have benefited from the fraud?

    To be clear here, your fiancee entered a guilty plea after stating on the record, in open court, with the assistance of a court-certified interpreter, that she in fact signed the documents? Then trying to prove otherwise is going to be an uphill battle.

    Did she ever tell the judge that the interpreter present in the courtroom wasn't explaining things to her? That she didn't understand what she was being asked? That she wasn't happy with her lawyer?

    I suggest retaining a criminal defense lawyer to advise and assist you.
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