Atlanta, GA asked in Criminal Law and Elder Law for New Jersey

Q: My brother is an addict. Before we knew this he was my mother's caretaker. We remove him from my mother’s home about 5 y

My brother is an addict. Before we knew this he was my mother's caretaker. We remove him from my mother’s home about 5 years ago after he stole a large amount of her money. Now we are applying for Medicaid for my mother who has been in an assisted living facility for over two years. She is in late stage Alzheimer’s. Her elder care lawyer told us to file a police report against my brother which we did. When filing the report, we said we did not want to prosecute. Now Medicaid is saying that we have to press charges against my brother. Before we do that we would like to get an idea of what will happen to my brother if we press charges. How much time would he have to serve? What are the chances of him being offered the opportunity to go to rehab? He has nothing and is homeless. He does have a job but it doesn't pay much.

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2 Lawyer Answers
Leon Matchin
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Answered
  • Criminal Law Lawyer
  • Milltown, NJ
  • Licensed in New Jersey

A: It all depends what degree the charges are and his past criminal record and background and whether he already served county or prison time before. Also, has he kicked the habit? He's facing anywhere from fines to a criminal record, probation, community service and even jail.

1 user found this answer helpful

H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Medicaid fraud generally results in jail time but more information is needed.

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