How Do I Appeal a SNAP Trafficking Conviction?

How Do I Appeal a SNAP Trafficking Conviction?

Getting convicted of trafficking SNAP benefits can lead to stiff penalties like prison time, fines, and permanent disqualification from the program. However, not all trafficking cases are clear cut. There may be legitimate defenses or extenuating circumstances that could overturn or reduce the charges on appeal. This article will walk through the process of appealing a SNAP trafficking conviction and strategies to secure a better outcome.

Understanding SNAP Trafficking

SNAP trafficking occurs when someone exchanges SNAP benefits for cash or ineligible items instead of food. This is against program rules under 7 USC §2024. Trafficking undermines the purpose of SNAP to address hunger and diverts taxpayer dollars from those truly in need.

There are two main types of SNAP trafficking:

• Recipient trafficking – SNAP recipients trade benefits for cash, drugs, weapons, or other ineligible goods.
• Retailer trafficking – Grocers or retailers allow recipients to trade benefits for cash or ineligible items.

Prosecutors must prove the accused knowingly and willfully trafficked benefits with intent to defraud SNAP. Honest mistakes generally won’t lead to trafficking charges.

Penalties for SNAP Trafficking

SNAP trafficking over $500 is a federal felony under 7 USC §2024 with penalties of:

• Up to 20 years in prison.
• Fines up to $250,000.
• Permanent disqualification from SNAP.
• Forfeiture of assets involved in trafficking.

State laws may impose additional penalties like asset forfeiture, license revocation for retailers, and mandatory minimums. The penalties increase with higher dollar amounts trafficked.

Appealing a Criminal Conviction

If you’ve been criminally convicted of SNAP trafficking, you can challenge the conviction through an appeal. There are two main types of criminal appeals:

1. Direct appeal – Argue the trial court made legal errors in how the trial was conducted or how the law was applied to your case.
2. Collateral appeal – Raise issues like ineffective counsel, suppressed evidence, or newly discovered evidence that affected the verdict.

You must file a notice of appeal within 14 days of the conviction. An appellate lawyer will then review trial transcripts and filings to identify potential appeal arguments. Common strategies include:

• Insufficient evidence of intent to traffic.
• Errors in jury instructions or evidentiary rulings.
• Prosecutorial misconduct affected the verdict.
• Ineffective assistance of counsel.

If the appellate court finds the trial court made harmful errors, they may order a new trial, reduce the conviction to a lesser offense, or even overturn the conviction entirely. However, appeals rarely lead to verdicts being overturned completely. Any relief granted is still a positive outcome though.

Appealing SNAP Disqualification

In addition to criminal penalties, those convicted of SNAP trafficking face permanent disqualification from receiving SNAP benefits in the future. However, you may be able to appeal the disqualification in certain cases, such as:

• You had a very small role or didn’t benefit from the trafficking.
• You were coerced into the trafficking through domestic violence or threat.
• You were entrapped or lured into trafficking by an undercover officer.
• You were wrongfully accused and have evidence contradicting the charges.

To appeal SNAP disqualification, request an administrative review hearing through your state SNAP agency. You’ll have the chance to present evidence supporting why disqualification should be reversed or reduced to a term of months rather than permanent.

Some key evidence to provide includes:

• Documentation of domestic violence, disability, or coercion.
• Witness statements disputing the trafficking allegations.
• Proof you did not benefit financially from alleged trafficking.
• Evidence of entrapment by investigators.

If the hearing officer still upholds permanent disqualification, you can escalate the appeal further through the court system. But getting disqualification overturned entirely is very rare without having the conviction also overturned.

Using SNAP Trafficking Defenses

There are several legal defenses that may defeat SNAP trafficking charges entirely if raised during the initial criminal trial:

• Duress – You participated in trafficking because of threat, coercion, or force from an abusive partner or others.
• Entrapment – Undercover agents induced you into trafficking you wouldn’t have done otherwise.
• Lack of intent – You unknowingly engaged in trafficking or were unaware of the rules.
• Misidentification – You were wrongfully accused and mistaken for someone else.

An experienced criminal defense lawyer can evaluate if any of these defenses apply and attempt to prevent conviction in the first place through pre-trial motions or trial arguments. This is far more effective than trying to overturn a conviction through appeal later on.

Getting Legal Help With Your Appeal

Navigating the criminal appeals process is complex, with strict deadlines and intricate rules. An appellate attorney can maximize your chances of success. Look for a lawyer experienced specifically in handling appeals. Key credentials include:

• 10+ years handling appeals cases.
• Experience with SNAP and welfare fraud appeals.
• Past success overturning or reducing convictions.
• Knowledge of state and federal appeals courts.

Upfront costs may range from $5,000-$15,000+ depending on the complexity and scope of appeal arguments. But the lawyer’s expertise and effectiveness can make all the difference in avoiding years in prison and regaining SNAP eligibility.

Legal aid organizations may also provide pro bono assistance with SNAP trafficking appeals for those unable to afford a lawyer. Search for legal aid in your state here.

Steps to Take For Your Appeal

If you decide to move forward with appealing a SNAP trafficking conviction or disqualification, key next steps include:

1. Consult with an appellate attorney as soon as possible after conviction or sentencing.
2. Gather all documents and records from your criminal trial and SNAP case.
3. File a timely notice of appeal to preserve your rights.
4. Work with your lawyer to identify the strongest appeal arguments.
5. Provide your attorney any evidence supporting your defenses.
6. Testify at appeal hearings if needed to explain mitigating circumstances.

With an experienced legal team fighting on your behalf, you have the best possible chance of overturning, reducing, or mitigating SNAP trafficking penalties through the appeals process.

Avoiding SNAP Trafficking Charges

The best way to steer clear of SNAP trafficking penalties and appeals is to avoid violating program rules in the first place. Important tips include:

• Never exchange SNAP benefits for cash, even if approached or pressured by others to do so.
• Only use your EBT card to purchase eligible food items for your own household.
• Never give your EBT card and PIN to anyone else.
• Be wary of undercover agents trying to induce trafficking.
• Report any suspected trafficking to SNAP fraud hotlines.

Following SNAP rules, staying vigilant against potential trafficking schemes, and promptly reporting suspicious activity can keep you from finding yourself accused of SNAP trafficking in the first place.

The Bottom Line

Appealing SNAP trafficking convictions and disqualifications is challenging but may be possible with experienced legal representation and strong supporting evidence. Consult with an attorney immediately after conviction to file on time and identify potential arguments. While preventing the charges in the first place is ideal, appeals do provide recourse if you were wrongfully accused or unfairly punished.