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Q: question about me being a possible accomplice or accessory to a crime?
If I cohabitated with a domestic partner and they did not include me or my income on the ebt/welfare application, can I get in trouble if I report her after the fact. I knew she did it but I didn’t make enough to support all of us so I turned a blind eye. I did not submit the application but she may have evidence where I said on text to just do it anyways.
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David G. Parker
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A:
An accessory before the fact in a felony is punished the same as the principal offender. To prove it, there must the commission of a crime by the principal, the accessory's absence at the commission of the offense, and (before the commission of the crime) the accessory was in some way concerned therein as a contriver, instigator or advisor.
I don't know enough about your situation to give too much commentary, but it's important to know that welfare fraud cases can be brought in six-month increments. So if each six months of her collecting benefits constitutes a felony then the longer this goes on the more potential problems you may be facing. Local welfare fraud investigators often have a good a deal of discretion in how they handle these matters (ranging from civil repayment arrangements to criminal charges). Sooner or later this will probably be discovered. Good luck to you.
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