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Filing unemployment benefits while working.   Filed for 18 weeks.  1st offense for...

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jclinard | eNotes Newbie

Posted September 17, 2008 at 6:30 AM via web

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Filing unemployment benefits while working.   Filed for 18 weeks.  1st offense for the individual.  No other prior convictions of any sort.  

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urthona | (Level 1) Assistant Educator

Posted September 17, 2008 at 7:47 AM (Answer #1)

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Are you seeking to get a sense of your likely sentence? Have you been convicted or are you awaiting trial?

State laws govern unemployment insurance crimes and provide sentencing guidelines. Your sentence will depend on the specific statute, the minimum and maximum sentences that it provides, and other factors unique to your case.

In most cases, judges have some leeway when imposing a sentence. Having no previous conviction and showing remorse may help mitigate the sentence, but the length of the offense (18 months) may be an aggravating factor.

To give you an idea of the type of sentences involved in these types of cases, in 2007 a Texas defendant convicted of a Class A misdemeanor for fraudulently obtaining unemployment insurance benefits was sentenced to 2 years regular probation, ordered to pay an $800 fine and $8,896 in restitution, and ordered to perform 80 hours community service.

Click this link to see the max and min sentences for employment insurance fraud in California (Section 2117): http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=6927454944+0+0+0&WAISaction=retrieve

Disclaimer: This post contains general legal information and should not be construed as legal advice to be applied to any specific factual situation. Each reader should consult a lawyer if you want a qualified professional’s assurance that this information, and your interpretation of it, is appropriate to your particular situation.

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