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If the state of New York accuses your business of violating SNAP rules, you may lose the right to accept SNAP payments. If you rely on SNAP payment, your business could be in jeopardy. There is a way for you to get a temporary reprieve. You may ask the court to step in and review the government’s temporary suspension from the SNAP program. If granted, this gives the business owner the right to a judicial review of an administrative action. If you a business owner who has been accused of a SNAP violation, you should seek out the help of a New York criminal defense attorney.
A judicial review, which can take place after an administrative review is solely at the discretion of the business owner. After the SNAP violation accusation, the business owner has 30 days to file for the judicial action. If the appeal isn’t brought forth within the 30-day time frame, they lose their right.
Once the case is filed in the appropriate U.S. District Court, the judicial review begins. The judicial appeal, also known as a de novo hearing, means that judge makes his decision based on his own findings and not administrative review. You will need to prepare your case as carefully and thoroughly as possible. Your evidence will be presented in court. Before this occurs, you should seek out the help of a SNAP violations appeal attorney. They can help you put together a case that can help you immensely.
The process also allows for a discovery period. This gives you access to the government’s list of documentation. You can also depose (question) the state’s witnesses to find out what they intend to day.
Before the trial, parties may also have the ability to file court motions. You can make a request to the court, asking for certain evidence to be allowed or refused. A summary disposition may be requested by either side. The summary disposition is when both parties ask the court ask the court to make a ruling without hearing additional evidence.
During this time, settle negotiations may also be on the table. A good, seasoned SNAP appeals attorney can help you speak with the government lawyer to find a mutual decision. If an agreement is made, the case may be dismissed. If there is no resolution, the court case will continue. The judge makes the ultimate decision over what eventually happens.
In some cases you may ask for a stay. Individuals should know that they may still win the case even if the stay is denied. Even if you aren’t entitled to compensation, you may still receive it if you lost sales during the administrative review. If you don’t receive a favorable decision during the U.S. District court, you may appeal it through the U.S. Circuit Court. Although it rarely happens, the case can go all the way to the U.S Supreme Court.
If you find yourself in this situation, you will need to defer to a SNAP violations judicial appeals attorney. Only they have the training and experience to properly counsel you through your appeals process. If the administrative review doesn’t go well, the attorney will look over you case to see if they can help you get a better outcome. The key to winning your case is getting admissible evidence to bolster your case. The thing you can do is get your house in order a soon as possible. Your family is counting on you. Your business is counting on you as well. Your attorney will serve as your advocate and they will also help you receive a positive solution.