How long does the State have to prosecute you for unemployment compensation fraud? The State of Florida must commence prosecution within three (3) years of the last day the fraud was committed, per Statute 775.15(2)(b).
What happens if the State prosecutes? First, hire an attorney like myself familiar with these charges to help you navigate through the system, even if you don’t have a defense. This is a FELONY. You do not want to screw this up! If you have no defense, what happens to you depends on your history. Remember that old saying “what you do today will haunt you tomorrow?” That is most applicable in criminal law. If you have a squeaky clean criminal history (no DUIs, not even a criminal driving on suspended license), you may qualify for a diversion program whereby you do some cartwheels and jump through some hoops, and if you do it successfully, the State will drop the charges. Ok. More technically, it’s a bit like being on short-term probation. Likely, a probation, or other state officer, will supervise you while you perform some community service hours, pay some fines, and maybe take a theft or fraud class.
Understand that you do not have a constitutional right to a diversion program. The prosecutor assigned to your case has discretion to allow you into such program. If the prosecutor either does not allow you into the program, or you did not qualify, you are still not likely to spend time in prison or jail unless you have a colorful criminal history, and/or a serious prior offense. If this is your first felony, your attorney should ask that your adjudication be withheld, because if you are adjudicated guilty, you will have a conviction. That means that you will be a convicted felon. Convicted felons are deprived of some civil rights, like voting and holding many professional licenses. Also, when you apply for a job and the application asks you if have ever been convicted of a felony, you would have to answer “yes.” You also have to register with the Sheriff’s Department every time you relocate. Bottom line, unless you have previously been convicted of a felony, you want to avoid it.
