Orlando Criminal Defense Attorneys Explain How to Beat Tax Evasion Charges
Getting charged with tax evasion can be really scary. The penalties are super harsh–up to 5 years in prison and $100,000 in fines! But there are ways to fight the charges, especially with an experienced Orlando criminal defense attorney on your side. Keep reading to learn how the pros beat tax evasion charges.
First off, what exactly is tax evasion? Basically, it’s intentionally not paying taxes you owe. That includes filing a false return, not filing at all when you should, keeping two sets of books, hiding income, or lying about deductions. The IRS and prosecutors have to prove you did it on purpose. If it was just a mistake, then it’s not criminal tax evasion.
So how do smart defense attorneys fight the charges? Here are some of their best strategies:
Attack the Evidence
Prosecutors have to prove every single element of tax evasion beyond a reasonable doubt. If any part of their evidence is weak, the whole case falls apart. An experienced tax crime lawyer will dig into the evidence and look for flaws. For example, the IRS might not have followed procedures or might have missed important records that show you didn’t intend to evade taxes. Pointing out these gaps can undermine the prosecution’s entire case.
Show it Wasn’t Intentional
Since tax evasion requires criminal intent, proving you didn’t mean to break the law is an effective defense. For example, maybe you relied on a bad tax preparer’s advice or were going through personal issues like divorce or illness that caused you to make mistakes. As long as you correct any errors as soon as you become aware of them, it’s hard to prove intent.
Negotiate an IRS Settlement
If the evidence against you is strong, an experienced tax attorney may be able to negotiate a deal with the IRS called a “closing agreement.” This allows you to avoid criminal prosecution by paying back taxes, interest, and penalties. The IRS may also require you to make changes to prevent future errors. Settling with the IRS can save you from the huge fines and jail time that come with a conviction.
File Corrected Returns
Another way to show lack of intent is filing amended tax returns as soon as you learn of any errors. Paying back taxes and interest right away shows good faith. Prosecutors will have a hard time proving you meant to evade taxes if you voluntarily corrected your returns.
Claim the Fifth
Never talk to IRS agents without your lawyer present! The Fifth Amendment gives you the right not to incriminate yourself. So “taking the Fifth” by refusing to answer questions can prevent damaging statements that prosecutors could use against you.
Negotiate a Reduced Sentence
If you do end up taking a plea deal or get convicted at trial, an experienced tax crime lawyer can often negotiate a lighter sentence. Things like having no prior record, taking responsibility, and cooperating with prosecutors may convince the judge to reduce your punishment.
The bottom line is there are many ways to fight tax evasion charges–you just need the right guidance. An Orlando tax crime attorney has the expertise to pick apart the prosecution’s case, negotiate with the IRS, and even get your sentence reduced if necessary. Don’t wait to get help from a lawyer if you’re being investigated or charged with tax evasion. The earlier you start your defense, the better the outcome will likely be.
At [Firm Name], our tax crime lawyers have decades of experience successfully defending clients against IRS prosecution in Orlando and throughout Florida. We know how to uncover weaknesses in the government’s case and present persuasive arguments to get charges reduced or dismissed. If you’re facing tax evasion charges, call us today for a free case evaluation. Our knowledgeable attorneys will protect your rights at every stage of the process.
About the Author
John Smith is a seasoned criminal defense attorney with over 15 years of experience representing clients charged with federal tax crimes. He earned his law degree from the University of Florida and has successfully defended accountants, entrepreneurs, and other professionals against allegations of tax evasion, filing false returns, and other IRS offenses. John understands the complex tax laws and how to effectively negotiate with IRS agents and prosecutors to build the strongest defense for his clients. When clients entrust him with their cases, he helps put them at ease during the most stressful times and aggressively protects their rights in and out of court.
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