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Were you convicted of a tax-related crime, and you feel that the sentence you were given was unjust? We may be able to help you. You may have received a harsher sentence than what was necessary in your case. The guidelines for the punishment of these types of crimes changed in 1987. The goal was to give a roadmap to judges so that they could sentence by the level of corruption. However, there have been numerous cases of misapplication of such guidelines. You may have been handed a sentence that was detrimental and unfair, and there may be a way to get the sentence reduced or thrown out.
The judge weighs various factors before issuing a ruling. For instance, they will look at your intentions. Did you have an intricate plan and use sophisticated means to carry out the wrongdoing? They also look for a connection to other white-collar crimes. Were you also charged with embezzlement or theft? When there are several crimes together, they are eager to give a harsher sentence than for tax fraud alone. You need to discuss your case with a federal crimes’ appeals attorney immediately.
To contest your sentence, you must understand the laws. Tax evasion is a charge that’s given when a person uses falsification to get out of paying taxes. Additionally, a person can misrepresent income or dependents to collect money that was not warranted. The act must be done willfully and not by mistake. If convicted, an individual can be sentenced for up to five years in prison along with a fine of $250,000. The prosecution must show evidence that the act was done deliberately. Forgetting to file your income tax returns for one year is not tax evasion. However, filing a return with any false information is a crime.
One scenario of tax evasion is that the Internal Revenue Service discovers that the individual hasn’t paid taxes, and there is evidence that they have gainful employment that requires them to file a return. Another example is that a person is using a third party to hide assets and income. When they file their yearly return, they conceal these things so that they don’t have to pay taxes. Some businesses keep money in foreign accounts to hide their wealth too.
When tax fraud involves a corporation, the penalties are more severe. The fines imposed on such a crime can be more than five times the amount for an individual. Such a conviction can be detrimental to any company. Examples of business tax fraud include:
The withholding of income taxes withheld from employees’ paychecks, but the company didn’t send the funds to the IRS.
• Cash Payroll
Rather than paying their staff with checks, some companies try to pay in cash so that there is no record of the transactions. They use this route so they can report a fictitious number to the IRS.
If a company uses a third-party to handle all their payroll, this party is required to submit the payroll tax returns with payment every quarter. If the third party fails to file these returns, then the company is accountable. Though the owners may not have been involved in the scheme, they need to sign the quarterly returns to send them into the government. It’s their job to ensure these returns are filed in a timely fashion.
• Filing Fictitious Payroll Tax Returns
Some employers will file tax returns that don’t have the proper amounts in an attempt to pay less in taxes. If the taxes collected from the employees don’t match the reports sent to the IRS, then it’s tax fraud.
Filing an appeal is not a simple process. Since the tax fraud laws are complicated, you must know how to circumnavigate the waters of your appeal. It takes a skilled legal representative that is assertive and presents concise arguments. We must prove that there were errors in the lower court for the appellate court to even consider your claim. There is also a time frame in which you must file your appeal, and once you miss that deadline, there is nothing else that can be done.
What Do You Have to Show for Ineffective Assistance?
Receiving a guilty verdict in your federal criminal case does not mean your legal battle is over. It is important to remember that it is actually merely the beginning. Considering your options and coming up with the course of action for your future should now take place. It is the time to consider filing an appeal to get your sentence reduced or conviction overturned, potentially clearing your name completely. Although appeals are difficult to win, keep in mind that it is possible to receive your desired result with the help of a knowledgeable federal appellate attorney. You can also file a post-conviction motion. Your defense lawyer will review the details of your case and determine the most effective strategy, which may include proving that your initial trial attorney was ineffective. Enlist the help of our legal defense firm and rest assured, we will explore every option and build a strategic approach that gives you the shot at justice. Visit our firm today or call our toll free number to learn more about how our talented team can help you.
Winning an Ineffective Assistance of Counsel Challenge
As the constitution outlines, you have a right to an effective lawyer. If you believe the performance of your legal representation was unsatisfactory, you may be able to present this to a judge and potentially have the conclusion of your case reversed. To successfully prove that your federal defense lawyer was ineffective, you must show two things. The first is that the lawyer did not do the job as well as he or she should have. The second thing you need to show is that your lawyer’s mistake mattered and had a major impact on the result of your criminal case. Your appellate lawyer will determine the way to demonstrate these two things to put you on course to receive a fair hearing.
When you work with our legal firm, one of our seasoned and licensed attorneys will look over the details of your case and identify ways that your previous lawyer did not do the job effectively. One example is if your lawyer did not interview witnesses to prepare your defense. This is considered ineffective due to the fact that the lawyer did not meet a reasonable standard of representation. Your new defense lawyer will then see how this shortcoming affected the result of your case, hopefully showing that if you had a skilled attorney, your case would have turned out differently. It is extremely important to bring an experienced federal defense lawyer aboard for your appeal as it may mean the difference between an excessively harsh punishment and clearing your name. Don’t hesitate to get in touch with our brilliant legal defense team if you have received an unfavorable verdict in your federal criminal case. We are always available for a free consultation and to give you more information on how we can help you succeed in the post-conviction stage of your case.
As one of the law firms with extensive experience working in criminal defense, we are ready to put our accumulated knowledge to work in your case. We are committed to your welfare and will do everything we can to make certain you receive an unbiased chance at justice. If you have been convicted of a federal offense, work with a seasoned defense lawyer who can fearlessly battle on your behalf. This is especially important if you have had an ineffective attorney in the first part of your criminal case. If you enlist our legal services, we will work to prove that your previous lawyer did not do the job satisfactorily and fell below a reasonable standard, which resulted to an unjust conviction. This will give you another opportunity to achieve your desired outcome and take charge of your criminal case.
Let one of the leading defense firms battle for you. We understand the gravity of your situation and do not take our responsibility as your defense team lightly. Rest assured, we will dedicate ample time towards the preparation of your appeal or ineffective assistance of counsel challenge to give you the chance at being successful.
Call us now and get connected with a top-tier defense federal attorney who understands what it takes to successfully prove ineffective legal representation had a significant impact on your conviction. The quicker you get in touch with us, the better your chances are of receiving the available outcome.