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SNAP Violation Judicial Appeals

Judicial Review Process for SNAP Violations

If the state accuses your business of violating SNAP rules, you risk losing your ability to accept SNAP payments. This can put your entire business at risk. Fortunately, there’s a way that you can ask a court to review the government’s decision to suspend your business’ participation in the SNAP program. 7 U.S. Code § 2023 (a)(13) gives you the right to a judicial review of an administrative action because of an alleged SNAP violation.

When Does a Judicial Review Happen?

A judicial review occurs after an administrative review. It’s up to the business owner to decide whether to file a judicial action. The business owner has just thirty days to file the court action after the administrative reviewer issues their decision. If the business owner doesn’t get this court action filed on time, they lose their right to bring the case.

How Do I File for a Judicial Review?

A judicial review begins by filing a case in the appropriate U.S. District Court. It’s up to the person who wants to challenge the administrative decision to file the case in court. The opposing party is the United States. You must serve the other side in accordance with the Federal Rules of Civil Procedure for U.S. District Courts.

How Does It Work?

A judicial appeal proceeds much like any other court case. It’s a de novo hearing. That means, the judge makes their decision from scratch without considering what happened during the administrative review. That means that you have to carefully prepare your case with admissible evidence. You need to gather evidence that you can present in court under the Federal Rules of Evidence.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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The court may allow a period for discovery. This process allows you to discover the witnesses that the government may call at trial. You may have the opportunity to conduct depositions of these witnesses in order to find out what they plan to say. This can make your questioning in court more effective.

Usually, the parties have an opportunity to file court motions before the trial. This might include filing paperwork to ask the court to allow or refuse to allow certain evidence at the hearing. You might need to respond to a motion from the government’s attorney asking them to dismiss the case. Either side may ask the court to award summary disposition. Summary disposition occurs where the parties agree on enough facts to allow the court to make a decision without hearing anything else.

The period before trial may also include settlement negotiations. Your attorney can help you discuss the case with the government’s counsel to see if you can find common ground. You may be able to reach an agreement that dismisses the case and allows you to get back to work.

If you don’t reach a resolution, your case proceeds to trial. You may need to testify in court. The judge hears all of the evidence and then renders a decision. There’s no right to a jury trial for a SNAP judicial appeal. The judge is the person who presides over the case and makes the ultimate decision.

What Happens While I Wait?

You might wonder if the reviewer’s decision goes into place while you wait for your trail. If you don’t want the reviewer’s decision to go into effect, you need to ask the court to issue what’s called a stay. For the judge to grant a stay, you must be able to show that you’re likely to win the case based on the merits of your position. You must also show irreparable harm is likely to result if the administrative decision goes into effect before the court can hear the case and make a decision.

Does the Government Have to Pay Me Back?

If the court denies you the administrative stay, you still may succeed in your case and receive a favorable decision. Even if that’s the case, you still don’t have any right to compensation from the government for lost sales while the administrative decision is in effect. This is important to keep in mind when you’re considering whether to reach an agreement with the government before the case goes to trial.

What Are the Possible Outcomes?

The court has the option to uphold the reviewer’s decision or vacate it. They might also decide to do something different. It’s important to clearly tell the court what you’re asking them to do when you present your case.

What Happens If I Don’t Like the Verdict?

If you don’t like the outcome from the U.S. District Court, you can appeal the decision to the U.S. Circuit Court. If you decide to appeal, the circuit court judges review the record from the district court. You could even take the case to the U.S. Supreme Court. Although it’s unusual for a case to go that far, our experience can help you make the best possible decisions in your case.

How Can an Attorney Help?

Our team of SNAP violation judicial appeals attorneys has a wealth of training and experience that can help you prepare a strong case and file it properly. No matter where you’re at in the process, we offer professional services that aim to advocate for you to the fullest extent of the law. We work meticulously to review the facts and the law and prepare your case.

We begin by looking at the current status of the case. If you’ve already had an administrative review, we want to look at what went right and what went wrong. We look at what we might be able to do differently in order to reach a different result in U.S. District Court. To prepare for trial, we carefully build your case with an eye towards the Rules of Evidence. We aim to gather admissible evidence that tells your side of the story.

Your loved ones depend on you. Your customers also depend on you. It’s our goal to help you resolve your case and get back to business as quickly as possible. We see ourselves as your teammate and advocate. We have the training and experience to help you pursue your case and work towards a positive resolution. If you’re facing a SNAP violation, please contact us today.

Protect Your Business and Get Back to Serving Your Customers with Spodek Law Group and Attorney Todd Spodek

As a nationwide law firm, Spodek Law Group understands the serious consequences that businesses face when accused of violating SNAP rules. In such a situation, your business risks losing its ability to accept SNAP payments, which can put your entire operation in jeopardy. But there is hope, and the law provides a way for you to fight back and defend your business.

Understanding Your Rights

7 U.S. Code § 2023 (a)(13) grants you the right to a judicial review of an administrative action that alleges a SNAP violation. A judicial review occurs after an administrative review, and as a business owner, you have just 30 days to file for a court action after the administrative reviewer issues their decision. It’s important to act quickly because if you miss this deadline, you lose your right to bring the case.

The Judicial Review Process

At Spodek Law Group, we understand the emotional and financial toll that a SNAP violation can take on you and your business. Our team of experienced SNAP violation judicial appeals attorneys is here to help you prepare a strong case and file it properly.

When you choose to file for a judicial review, the process begins by filing a case in the appropriate U.S. District Court. You must serve the opposing party, which is the United States, in accordance with the Federal Rules of Civil Procedure for U.S. District Courts.

During a judicial appeal, the judge makes their decision from scratch without considering what happened during the administrative review. That means you have to carefully prepare your case with admissible evidence that tells your side of the story. The court may also allow a period for discovery, which lets you discover the witnesses that the government may call at trial.

The Importance of Legal Representation

It’s important to have an attorney on your side who can help you navigate the complex legal process and advocate for your rights. Our team at Spodek Law Group has a deep understanding of the law and the experience to handle the legal situation.

We begin by looking at the current status of your case and what went right and what went wrong during the administrative review. We carefully build your case with an eye towards the Rules of Evidence, aiming to gather admissible evidence that tells your side of the story.

At Spodek Law Group, we see ourselves as your teammate and advocate. We work meticulously to review the facts and the law and prepare your case, so you can get back to serving your customers and providing for your loved ones. We offer professional services that aim to advocate for you to the fullest extent of the law.

If you’re facing a snap violation, contact us today to protect your business and get back to doing what you do best.

Before the Trial

During the period before trial, both parties have an opportunity to file court motions. This might include filing paperwork to ask the court to allow or refuse certain evidence at the hearing. You might need to respond to a motion from the government’s attorney asking them to dismiss the case. Either side may ask the court to award summary disposition. Summary disposition occurs where the parties agree on enough facts to allow the court to make a decision without hearing anything else.

The period before trial may also include settlement negotiations. Our experienced attorneys can help you discuss the case with the government’s counsel to see if you can find common ground. You may be able to reach an agreement that dismisses the case and allows you to get back to work.

Going to Trial

If you don’t reach a resolution, your case proceeds to trial. You may need to testify in court. The judge hears all of the evidence and then renders a decision. Although there’s no right to a jury trial for a SNAP judicial appeal, our attorneys have the experience and expertise to navigate the court system and work towards a positive outcome.

Conclusion

At Spodek Law Group, we understand the stress and uncertainty that comes with a SNAP violation. That’s why we strive to make the legal process as smooth and stress-free as possible. Our team of snap violation judicial appeals attorneys has a wealth of training and experience that can help you prepare a strong case and file it properly. We are committed to advocating for your rights and working towards a positive resolution for you and your business.

In conclusion, if you’re facing a SNAP violation, it’s crucial to act quickly and protect your business. Spodek Law Group and Attorney Todd Spodek can assist you in navigating the legal system and advocating for your rights. We understand the importance of serving your customers and providing for your loved ones, and we work tirelessly to help you get back to doing what you do best. Contact us today to discuss your case and learn how we can help.

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