I would like to know what stage your unemployment fraud case is in. Have you actually gotten a decision from the agency telling you that you are being charged with fraud, or merely a letter stating that you are just now being investigated? Since as it appears, you have retained counsel, which I would in most cases advise against unless you have actually been charged in civil court with such fraud, you should let this counsel guide you through the process.
No arguments of innocence or need or desperation will be considered. The agency has very efficient ways of determining if you have committed fraud, and they can see exactly what has happened in regard to your unemployment in most cases. That is why it is totally stupid to commit this kind of fraud, because thousands of people attempt it every day. They see that you did it, they know that you did it, they don't care why you did it, and they are primarily interested in getting their money back, not so much in prosecuting every case. That would clog the court system to the point of total inactivity.
An attorney will not be able to get you any more leniency or consideration WITH THE AGENCY than you would have gotten otherwise. However, if this case has already been filed with the courts, you have been recommended for prosecution, you certainly need that attorney at this point.
When the unemployment system detects or suspects fraud, the first thing they do is an agency investigation. If you avoid them, fail to respond to their communications or refuse to cooperate with the agency investigation, they can recommend that the d.a. press charges against you for unemployment fraud.
Not everyone who is determined to have committed unemployment fraud is charged with anything, even a misdemeanor. This is assuming you have agreed to a repayment program and cooperated with the agency investigation.
Unemployment fraud is not like murdering your wife, where you clam up and get an attorney and don't discuss the case. You are not immediately involved with the court system.
I agree with whoever told you it could take up to a year. If you are allowing the agency investigation to proceed without your input and assistance, you very well may be a year down the road receiving notice that you are being prosecuted.
