When you’re required to pay taxes to the Internal Revenue Service, it’s best to have a plan in place for doing so as accurately as possible. Yes, you may make mistakes every now and again, but the right strategy will help you avoid this.

The one thing you never want to do is attempt to evade paying the taxes you rightfully owe. Doing so can result in severe penalties, including prison time, that will affect your personal life and finances well into the future.

Generally speaking, tax evasion comes into play if you fail to pay your taxes or deliberately underpay.

There are two basic forms of tax evasion:

  • Evasion of assessment: This is when you take some type of action to evade the assessment of a tax. The most common example is an attempt to evade taxes through the under-reporting of income.
  • Evasion of payment: This takes on many forms, all of which involve the concealment of money or assets that could help pay taxes owed. For example, hiding assets in a foreign bank account or a loved one’s bank account.

As noted above, basic errors or unpaid taxes is not the same as tax evasion. Yes, these things are serious, and they could lead to penalties. However, you won’t find yourself facing criminal charges.

These are the types of actions that are often considered tax evasion:

  • Knowingly overstating deductions
  • Destruction of records
  • Hiding income sources, such as cash payments
  • Keeping two sets of books
  • Filing a false tax return
  • Creating false invoices and/or receipts to hide income or inflate the value of deductions

A conviction is serious

If you’re charged with tax evasion, it doesn’t necessarily mean your case will end up in a conviction. You have the legal right to defend yourself in court, with the goal of proving that you didn’t break the law.

Penalties for tax evasion range from fines starting at $100,000 to five years in prison. For example, if you file a fraudulent tax return with the IRS, the penalty can be as stiff as a $100,000 fine and three years in prison.

Tax evasion is nothing to take lightly. If you’re charged, collect the information needed to protect yourself and then implement a defense strategy.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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