Among the many consequences of a felony conviction, defendants may not consider the possibility of losing their federal benefits. Social Security and other federal benefits generally pause during incarceration, but that doesn’t mean you lose them indefinitely.
Veterans’ benefits may continue during incarceration, but payments may be significantly reduced. Social Security payments stop altogether, though you may be eligible to resume benefits almost immediately after you are released. Utah allows Supplemental Nutrition Assistance Program (SNAP) benefits for those convicted of drug offenses, but blocks access for those with convictions for sexually violent crimes.
For a free and confidential case review from our Park City criminal defense lawyers, call Overson & Bugden at (801) 758-2287 today.
What Federal Benefits Can You Lose After a Felony Conviction?
Federal benefits may pause or change while you are incarcerated for a felony conviction, which is something you and your family should prepare for in Utah.
Social Security Benefits
Being convicted of a crime and imprisoned means temporarily losing your Social Security benefits, including any Supplemental Security Income (SSI) or retirement benefits you might receive.
Social Security payments pause when a recipient is in jail, prison, or another penal institution for more than 30 days in Utah.
You may become eligible for Social Security benefits again after your release, and you may contact the Social Security Administration (SSA) 90 days prior to your release date to get the ball rolling to reinstate your benefits.
Veterans Benefits
Veterans may receive partial benefits while incarcerated. However, a VA pension will be terminated for a felony or misdemeanor conviction that results in over 60 days of incarceration.
Some or all of the benefits not paid to the incarcerated veteran may be paid to their spouse, child, or dependent parents.
Federal Employee Benefits
Federal employee benefits, such as health, life, dental, or vision insurance, and retirement benefits, may also be suspended by a felony conviction. Your job with the federal government is most likely in jeopardy as well.
SNAP Benefits
Utah has opted out of the federal ban on access to Supplemental Nutrition Assistance Program benefits for those convicted of drug offenses, so you may be eligible for SNAP benefits after you serve time for a felony conviction.
Federal convictions for felony offenses involving sexual violence, abuse, or murder stop SNAP benefits in Utah.
How Do You Restore Federal Benefits After a Felony Conviction?
You may be eligible for Social Security benefits, such as SSI and retirement payments, again after you’re released from prison for a felony conviction in Utah. You have to contact the SSA to reinstate your benefits, and you can initiate this process 90 days before your scheduled release if the prison has a prerelease agreement with the SSA.
If there is no prerelease agreement between the prison and the SSA, you can contact the SSA after your release and provide proof of your release. We can help you obtain official release documents to reinstate your federal benefits after serving time for a felony conviction.
How Can You Keep Federal Benefits When Facing Felony Charges?
If you and your family rely on federal benefits, our lawyers can help you maintain access to SNAP, SSI, or Social Security retirement benefits by helping your family post bail and defending you against the charges.
Post Bail
Being in jail for more than 30 days suspends your access to most federal benefits, which is why posting bail and avoiding jail during your trial is very important. When bail is originally set, our Utah criminal defense lawyers may convince the court that your lack of a criminal record and the nature of the offense warrant a low bail amount.
We can then walk your loved ones through posting bail so that you are released for the trial. Violating bail conditions can lead to an immediate arrest, and the defendant may spend the rest of their trial in jail.
Get Charges Dismissed
The charges against you might be dismissed or dropped if we successfully suppress evidence and reveal the weakness of the prosecution’s case, letting you keep access to federal benefits and avoid a felony conviction.
Defend the Charges
To keep federal benefits when facing felony charges, you may have to prepare a strong defense in case the charges go to trial. Tell us every detail you can about the charges, what your involvement was, whether or not you have an alibi, and what the alleged victim did.
FAQs About Federal Benefits and Criminal Convictions in Utah
Can You Lose Federal Benefits After a Misdemeanor Conviction?
You can temporarily lose federal benefits after a misdemeanor conviction if you spend over 30 days in jail.
Can You Lose Federal Benefits Before a Criminal Conviction?
If you are incarcerated for more than 30 days while awaiting trial, your access to federal benefits may stop.
How Soon Can You Reinstate Social Security Benefits After Your Release?
You may be able to reinstate your Social Security benefits almost immediately upon release, provided you still qualify for benefits like SSI.
How Soon Can You Reinstate Veterans Benefits with a Felony Conviction?
You can resume full VA benefits after you are released from prison. However, your pension will likely be terminated if you are in jail for over 60 days, and it cannot be reinstated.
Does Any Felony Conviction Jeopardize Federal Benefits?
Temporary loss of federal benefits can occur after any felony or misdemeanor conviction that results in a defendant being jailed or imprisoned for more than 30 days, even if the offense is low-level.
Do You Have to Expunge a Felony Conviction to Restore Federal Benefits?
You do not have to expunge a felony conviction to restore Social Security and other federal benefits. Expunging your record can help you in other ways, however, and our lawyers can determine if you are eligible for expungement in Utah.
Call Us for Help When Facing Felony Charges in Utah
Discuss your case for free with our Salt Lake City criminal defense lawyers by calling Overson & Bugden at (801) 758-2287.