Is Tax Evasion a White Collar Crime?

I’ve been accused of tax evasion. What should I do?

No matter what you’ve been accused of, the most important thing you can do in order to protect your constitutional rights, including the potential for fines, probation, or even prison, is to secure a criminal defense attorney. 

Your criminal defense attorney’s job, of course, is to defend you against the criminal charges you’re facing, but the reality is a little more nuanced than that. 

Yes, we’ll create a defense for you, poking holes in the prosecution’s narrative so as to create a reasonable doubt in the eyes of the judge and jury, but we’ll also help you endure a variety of basic but necessary things, including filing paperwork, coaching you on how to deal with the media, how you should approach social media, and the sensitive situations around communicating with friends and family. 

Perhaps more than you’ve ever experienced before in your life, your words and actions are going to be placed under a microscope, which is precisely why you need guidance in the before, during, and after phases of this situation, should you go to trial. 

Before getting into greater detail on the above, let’s talk more about the crime of tax evasion itself.

What is tax evasion?

When someone intentionally chooses to not pay their taxes, they can be criminally charged with what is called tax evasion. 

The Internal Revenue Service does not limit the criminal charge of tax evasion solely to the non-payment of taxes; the purposeful underpayment of a person’s or business’s taxes can also be considered criminal tax evasion. 

Tax avoidance, or the use of legal means to reduce tax payments owed by a person or business can sometimes be confused with tax evasion, but these avoidance techniques are usually the reliance on legal loopholes that already exist within the tax system. 

Can I be convicted for tax evasion?

Having a strong legal defense can help defend your rights and freedoms against criminal tax evasion charges. 

Remember, it is the responsibility of the prosecution that you willfully and intentionally evaded or underpaid your tax obligations. 

It is our responsibility as your criminal defense attorney to create a reasonable doubt in the case being brought against you. In turn, it is your responsibility to be absolutely transparent with us, share with us every piece of information you have that is relevant to the case — files, communications, and any and all printed or electronic evidence you may have that will help us bolster your defense. 

Who should I speak with if I’ve been accused of tax evasion?

Who should you speak to if you’ve been accused of tax evasion? Your attorney. That’s pretty much it, honestly, unless you’ve been advised otherwise. 

This is why your attorney is so crucial in helping you deal with things like the media, your personal social media, and even discussing details related to the case with friends, family, and neighbors. 

No matter how innocent the intent is, you’re running the risk of saying something that could be considered incriminating. 

Being falsely accused of a crime can feel very lonely at times, which is why we view our role as your criminal defense attorney both as your representative in the legal process, but also as a confidante that you can rely on as you endure this experience. 

Could I go to prison for tax evasion?

If the prosecution is able to prove its case, then you could be obligated to pay back the taxes they claim you owe, as well as pay fines, and possibly even be subject to jail time. 

The best way to avoid this prospect is to work with a criminal defense attorney that is dedicated, experienced, and effective at defending cases like yours in a court of law. 

At the Law Offices of Robert J. DeGroot, we have a half-century of experience in defending our clients from repercussions of unfair criminal charges in the state of New Jersey. 

If you or a loved one has been accused of tax evasion, then we urge you to contact us as soon as you are able. We look forward to speaking with you at your confidential consultation. Call now!