Criminal Defense Lawyers

Grocery store usda violation Richmond

The Straight Facts on SNAP Violations

So, what do you do, if you get hit with one of these things? A SNAP violation notice can feel like the world is crashing down, but, take a deep breath. We‘re going to walk through exactly what these violations mean, and how to deal with them properly.First things first, let’s get on the same page about what SNAP even is. The Supplemental Nutrition Assistance Program (SNAP) provides crucial food assistance to millions of low-income Americans. It’s a lifeline that helps families put food on the table.But, the government doesn‘t just hand out benefits willy-nilly. There are rules in place to maintain program integrity. If they suspect someone is abusing or misusing SNAP, they’ll allege an “intentional program violation” and take action.

What Counts as a SNAP Violation?

Common violations include lying about household info like income or residents, selling SNAP benefits for cash (known as “trafficking”), or using benefits to purchase ineligible items like alcohol or cigarettes.Maybe you just made an honest mistake reporting your income. Or maybe an overzealous investigator is making accusations that don’t align with reality. Whatever the situation, getting slapped with one of these violation notices is serious business.The penalties can range from temporary disqualification and having to pay back benefits, all the way up to permanent disqualification, massive fines, and potential jail time for large-scale trafficking operations.Sounds scary, right? But don‘t panic. There are steps you can take to fight back and protect your access to vital food assistance.

When the Feds Come Knocking

If you‘re under investigation for SNAP fraud, the first sign might be a knock at your door from federal agents. They could be from the USDA Office of Inspector General, the FBI, or other law enforcement agencies.Here’s the deal: you don‘t have to let them in or answer any questions without your lawyer present. It’s within your rights to remain silent. Anything you say can potentially be used against you, so don’t try to talk your way out of it alone.The best move is to politely decline to answer questions and ask to speak with an attorney immediately. Don‘t let them rattle you into making incriminating statements.

Responding to a SNAP Violation Notice

More commonly, the violation process starts with an official letter or notice from the state SNAP agency. This will lay out the specific allegations against you and give you a short window, usually 10-15 days, to respond.Don’t try to handle this yourself. The notice language can be confusing legalese. One wrong move and you could inadvertently admit to violations you didn’t actually commit.This is where having an experienced SNAP violations lawyer in your corner is absolutely crucial. We know how to decipher these notices and craft a strong, strategic response to fight the allegations head-on.

The SNAP Hearing Process

If you don’t respond in time, or if your initial response is deemed unsatisfactory, the next step is usually a SNAP administrative hearing. This quasi-legal proceeding determines if violations occurred and what penalties should apply.The hearing process can be complex, with evidence submission, testimony, cross-examination, and more. Going in without professional legal representation is like bringing a knife to a gunfight.A skilled SNAP violations attorney will prepare you for the hearing, handle all the procedural requirements, cross-examine witnesses, present a vigorous defense using all available evidence, and give you the best chance at a favorable outcome.

Potential Defenses Against SNAP Violations

There are a number of potential legal defenses we can pursue, depending on the specifics of your case. Maybe the allegations are based on incorrect information or falsified evidence. Perhaps there was a legitimate miscommunication or misunderstanding of the rules.We’ll explore all possible angles to undermine the violation claims, up to and including challenging the constitutionality of the laws or procedures being applied. No stone goes unturned in building the strongest possible defense strategy.

When Criminal Charges Arise

In particularly egregious SNAP fraud cases, federal prosecutors could decide to bring criminal charges on top of the administrative violations process. Now you’re in the big leagues, potentially facing jail time if convicted.This is absolutely not the time to try and represent yourself or go with a public defender. You need a heavy-hitting federal criminal defense attorney with specific experience battling SNAP fraud charges.We have that experience and know-how to navigate these high-stakes criminal prosecutions. From negotiating favorable plea deals to taking the case to trial if needed, we’ll protect your rights and freedom every step of the way.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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The Bottom Line on SNAP Violations

Look, we get it. Getting a SNAP violation notice is stressful and confusing. The system can feel stacked against you, with severe potential consequences looming. But you don’t have to face this beast alone.Having a SNAP violations lawyer in your corner can make all the difference. We’ll cut through the legalese, understand exactly what you’re up against, and mount an aggressive defense using every tool and strategy at our disposal.Whether it‘s an administrative hearing or federal criminal charges, we’ve got the expertise to fight for the best possible outcome. So if you find yourself on the receiving end of a SNAP violation, don‘t go it alone. Reach out to us and let’s get to work defending your rights.

The Anatomy of a SNAP Trafficking Case

Trafficking SNAP benefits is one of the most serious violations that can land you in hot water. But what exactly does “trafficking” mean in this context? Let’s break it down.At its core, SNAP trafficking refers to the illegal exchange of SNAP benefits for cash. Instead of using their EBT card to purchase eligible food items as intended, the recipient sells or trades those benefits.On the flip side, a retailer who buys SNAP benefits for cash, rather than legitimately ringing up qualifying grocery purchases, is also engaged in trafficking. It’s a two-way street of fraud that regulators are cracking down on hard.

The Undercover Sting Operation

One of the most common ways trafficking cases get made is through undercover sting operations. State or federal investigators will send confidential informants or undercover agents posing as customers into suspected retailers.The agent attempts to sell ineligible items like alcohol, cigarettes, or other non-food merchandise and pay with their SNAP/EBT card. If the retailer accepts the card and completes the bogus transaction, that’s evidence of trafficking.Another common tactic is for the undercover to openly propose buying the retailer’s SNAP benefits for cash at a discounted rate, say 50 cents on the dollar. If the retailer agrees to that deal, it’s a clear-cut trafficking violation caught on record.These sting operations can go on for months or years, systematically documenting dozens or hundreds of individual trafficking instances to build an extremely strong case against the target retailer.

The Raid and Accusations

Once investigators feel they have enough evidence, they’ll move in to search the premises, seize records and equipment, make arrests if necessary, and shut the entire operation down.In the wake of this highly disruptive raid, the business owner will receive an official notice of SNAP violation charges and potential penalties like temporary disqualification from the program, fines, or even criminal prosecution.This is obviously an incredibly high-stress, high-stakes situation for any business. Having your primary revenue stream shut off, with the threat of massive fines or jail time hanging over your head, is a massive burden to bear.

Mounting a Vigorous Defense

But all is not necessarily lost at this point. With the right SNAP violations lawyer on your side, we can immediately get to work attacking the charges from multiple angles:

• Challenging the constitutional validity of the undercover sting operation and investigative tactics
• Poking holes in the evidence through intense scrutiny of video/audio recordings, receipts, and other documentation
• Undermining witness testimony by confidential informants or undercover agents
• Negotiating for reduced charges or penalties through strategic pre-trial motions

We know all the ins and outs of these trafficking cases inside and out. We’re not intimidated by the aggressive tactics law enforcement uses, and we won’t let you get railroaded or bullied into pleading guilty.Our team will fight tooth and nail every step of the way to get charges reduced or dismissed entirely. And if it has to go to trial, you can count on us to mount a fierce defense in front of a jury to secure a not-guilty verdict.

When Criminal Charges Loom

For larger-scale SNAP trafficking operations, federal prosecutors often pursue criminal charges on top of administrative violations from the USDA. Now you’re facing the possibility of years in federal prison if convicted.At this stage, you absolutely must have a SNAP violations lawyer with specific federal criminal defense experience by your side. We have that experience and understand the nuances of federal criminal procedure.From challenging the government‘s evidence and witness testimony, to negotiating favorable plea agreements, to zealously defending you at trial if needed, we‘ll leverage every possible legal strategy and resource to avoid a criminal conviction and prison sentence.