Could You Lose Your Government Benefits Because of a Drug Charge?
People charged and convicted of a drug crime face many obstacles, such as continuing to receive government benefits. Depending on the benefit program, you may have to reapply or you may be barred altogether from receiving benefits. If you and your family rely on government benefits, research each program to determine whether you can receive them if you are convicted of a crime.
Generally, simply being charged with a drug crime is not enough to affect your benefits eligibility because you are considered innocent until proven guilty. If you are convicted, many different programs have restrictions on receipt of benefits. For example, you cannot receive Social Security benefits for any months that you are serving a jail or prison sentence that lasts more than 30 days consecutively. You must tell the Social Security Administration that you will be incarcerated, or else you will have to pay back excess benefits that you receive while in jail. The Social Security Administration also disallows benefits for people with outstanding felony warrants or warrants for crimes punishable by imprisonment.
When you get out of jail or prison, the Social Security Administration will reinstate your benefits after you provide proof of your release. If you were incarcerated for more than 12 months, however, you will need to reapply for benefits. If you were receiving Social Security disability and your condition has improved, you may not be able to receive continued benefits.
Drug convictions also affect your ability to obtain federal student aid. The application for aid asks you to disclose whether you have any drug-related convictions, and certain types of convictions or circumstances will lead the government to suspend your eligibility for aid. To regain eligibility more quickly, you can complete an approved drug rehabilitation program or pass two unannounced drug tests.
In Oklahoma, people convicted of drug-related crimes can receive food stamps and Temporary Assistance to Needy Families (TANF) after they complete their sentences and apply for the programs. In some other states, these benefits are not available or there are significant restrictions on obtaining them.
If you need representation in an Oklahoma court for a drug-related charge, seek out an attorney who knows the system. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and in-depth legal knowledge to defend people accused of drug crimes, fights for their rights. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.