Caught Up in a SNAP Violation Investigation? Why You Need an Attorney Fast
If you or your business is being investigated for potential SNAP or food stamp program violations, it can be an incredibly stressful and frightening time. You may be worried about possible criminal charges, fines, or being disqualified from future participation in SNAP. And the government agencies conducting the investigation can seem intimidating. But with an experienced attorney on your side, you don’t have to go through this alone. Here’s why getting a lawyer quickly is so important if you find yourself caught up in a SNAP violation investigation.
An Attorney Can Help You Navigate the Investigation Process
SNAP violation investigations can be complex. They are usually conducted by multiple state and federal agencies, like the USDA Food and Nutrition Service and your state’s department of human services. Each agency has its own procedures and regulations that must be followed. An attorney familiar with the SNAP investigation process can help make sure your rights are protected and the agencies follow proper protocol. They can also advise you on how to respond to investigator’s questions or requests for documents. Having experienced legal counsel ensures you don’t accidentally make missteps that could worsen your situation.
They Can Evaluate the Strength of the Government’s Case
In many cases, SNAP violation allegations arise from misunderstandings or unintentional errors. A qualified attorney can review the evidence and claims against you and provide an honest assessment of how strong the government’s case is. They can identify any weaknesses or inconsistencies. And if the allegations appear unfounded, they can start building a defense strategy to fight them. It’s important to get an objective third-party evaluation of the case instead of just taking the investigators’ word.
An Attorney Can Attempt to Negotiate a Settlement
Settling allegations through a civil agreement with the government may be preferable to criminal prosecution or harsh administrative penalties. An experienced lawyer can negotiate with investigators on your behalf to secure a reasonable settlement. This may involve implementing a corrective action plan, paying fines, or accepting a limited disqualification period. Settlements also avoid the time, expense and unpredictability of administrative hearings or criminal trials. But knowing when and how to approach the government with a settlement offer requires skill and strategy.
They Can Defend You in Administrative Hearings
If settling is not an option and the government pursues administrative penalties, your attorney can represent you at the SNAP disqualification hearing. They understand the hearing procedures and rules of evidence. They can argue against the charges by presenting evidence and legal defenses. And they are familiar with strategies for getting penalties reduced or overturning them on appeal if necessary. Without an attorney, you may not get a fair hearing.
A Lawyer Can Defend You Against Criminal Charges
In the most serious SNAP violation cases, prosecutors may file state or federal criminal charges for fraud, larceny, embezzlement or other crimes. The penalties if convicted can include hefty fines, restitution payments, and years in prison. The government will have experienced prosecutors building a case against you. So having an equally experienced criminal defense lawyer is critical. They can carefully examine the charges for legal defects. Interview witnesses and gather exculpatory evidence. And negotiate for reduced charges or pretrial diversion programs. Going to trial on SNAP criminal charges without a lawyer is extremely risky.
They Know How to Avoid Disqualification
Getting disqualified from the SNAP program, either temporarily or permanently, can have devastating financial consequences for retailers that depend on food stamp business. Lawyers well-versed in the SNAP regulations know how to challenge disqualification penalties and overturn improper disqualifications. They also know how to structure settlements with the government to avoid disqualification terms whenever possible. And if you do get disqualified, they can advise you on precisely when and how to reapply to have your SNAP status restored.
Timing is Critical
With so much on the line, it is essential to have legal representation in place as early as possible when facing SNAP violation allegations. Involving an attorney from the start prevents you from inadvertently damaging your case. It allows them to immediately start building a defense strategy. And it maximizes their ability to negotiate a favorable settlement with the government before penalties get imposed or criminal charges get filed. Once penalties take effect or charges are brought, options become much more limited. So do not delay in consulting an experienced SNAP defense lawyer if you find yourself the subject of a SNAP investigation.
Facing SNAP fraud allegations or program disqualification can jeopardize your business, livelihood and freedom. But knowledgeable legal counsel levels the playing field and protects your rights. Be sure to seek out attorneys experienced specifically in SNAP and food stamp program cases. They understand the complex regulations and procedures involved. And they know how to craft an effective defense, argue for lesser penalties, and avoid or minimize any disqualification period. With an attorney guiding you through the process, you have the best chance of resolving the case with minimal damage.