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Last Updated on: 28th July 2023, 07:20 pm
Defend Your Business with the Help of Spodek Law Group and Attorney Todd Spodek
As the number of individuals relying on SNAP benefits to purchase groceries increases, businesses have come to rely on these customers for a significant portion of their revenue. Unfortunately, this means that when the state accuses a business of violating SNAP regulations, it can spell disaster for the company. In addition to the legal consequences, losing the ability to accept SNAP payments can put the entire business in jeopardy. If you find yourself in this situation, you need an experienced attorney who specializes in handling SNAP appeals and is not afraid to take on the federal government on your behalf.
Your Right to Judicial Review
Federal law grants you the right to a judicial review regarding the allegations made against your business. When the government suspends your ability to participate in the SNAP program, it is crucial to act quickly and hire a skilled attorney who understands these cases and their impact on your business.
Once the accusations are made and your business is suspended from participating in SNAP, time is of the essence. The judicial review can only begin after an administrative review is completed, and it will be up to you, as the business owner, to decide whether to pursue a judicial review. If you choose to do so, you must file within 30 days of the administrative decision. Failing to meet this deadline means losing your legal right to bring the case. If you have questions, contact Spodek Law Group and Attorney Todd Spodek immediately.
Filing Your Judicial Review
When filing your judicial review, several steps must be taken. Your attorney will file the case in U.S. District Court, with the opponent being the United States. Do not let this intimidate you, as a skilled attorney can get your case resolved in a satisfactory manner.
The De Novo Hearing
Once your appeal reaches the courtroom, the judge will conduct a de novo hearing, rendering a decision without considering the administrative review. It is essential for your attorney to prepare a case that includes as much evidence as possible to support your claims. Additionally, your attorney can take advantage of the discovery process, file motions against certain evidence being introduced into court, and conduct depositions of witnesses before the trial.
Before the SNAP trial begins, your attorney will conduct settlement negotiations with the government counsel. During this time, they may be able to convince the government that there is enough evidence to turn the case in your favor. If they are successful, the charges against you may be dismissed, and you can return to business as usual. However, never assume the charges will be dropped, as this is not a common occurrence.
If a settlement is not reached, your case will proceed to trial, but you will not have the right to a jury. Instead, the judge will render the decision, and you may be required to testify in court. Work closely with your attorney to understand the questions that will be asked and how you should respond, as the better prepared you are, the better chance you will have of seeing the case resolved in your favor.
Request a Stay
If you do not want the decision of the administrative reviewer to go into effect before your trial, your attorney will need to request a stay be granted by the judge. For this to be granted, they must demonstrate to the court that, based on the merits of your case, you are likely to come out a winner in court. Additionally, they must show the court that failing to grant a stay could do irreparable harm to your business.
Appealing the Verdict
If you do not agree with the judge’s decision, you have the right to appeal to the U.S. Circuit Court. The judges will review the ruling of the district court before making their decision. In some cases, you may even appeal to the U.S. Supreme Court. However, before making this move, it is best to listen to the advice of your experienced and knowledgeable SNAP appeals lawyer.
The Experience and Professionalism You Need
If you find yourself facing allegations of SNAP violations, do not hesitate to contact Spodek Law Group and Attorney Todd Spodek to discuss your situation in greater detail. We understand the complex nature of SNAP cases and have the experience and professionalism you need to defend your business. Our team of attorneys will provide you with legal representation that showcases our deep understanding of the law, and our ability to handle even the most challenging legal situations.
With Spodek Law Group on your side, you can trust that your case will be handled with the utmost care, attention to detail, and compassion. We will use our knowledge and expertise to build a compelling case that shows the firm’s experience in handling SNAP appeals. Our attorneys will use emotionally charged words to convey the seriousness of the situation, and the potential impact it can have on your business.
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