Criminal Defense Lawyers

Understanding Idaho’s Sentencing Guidelines for Tax Evasion Offenses

What Are the Penalties for Tax Evasion in Idaho?

How Do Idaho’s Sentencing Guidelines Work?

Idaho uses a set of sentencing guidelines to help judges determine an appropriate sentence for each case. The guidelines take into account the severity of the offense and the defendant’s criminal history to calculate a presumptive sentence range1. For tax evasion, the offense severity level is determined by the amount of taxes evaded:

• Less than $1,000: Level 1
• $1,000 to $9,999: Level 2
• $10,000 to $49,999: Level 3
• $50,000 to $99,999: Level 4
• $100,000 or more: Level 5

The defendant’s criminal history is assigned a score based on the number and severity of prior offenses. This criminal history score and the offense severity level are plotted on a sentencing grid to determine the presumptive sentence range. For example, let’s say a defendant is convicted of evading $75,000 in taxes and has one prior misdemeanor on their record. The tax evasion amount puts the offense at a Level 4 severity. The prior misdemeanor gives the defendant a criminal history score of 1. Looking at the sentencing grid, the presumptive sentence for a Level 4 offense with a criminal history score of 1 is 1-3 years in prison.  It’s important to note that the sentencing guidelines are just that – guidelines. The judge has discretion to impose a sentence outside the presumptive range if they find compelling reasons to do so. An experienced tax evasion defense attorney can argue for a more lenient sentence by highlighting mitigating factors in your case.

What Should I Do If I’m Charged with Tax Evasion?

If you’re facing tax evasion charges, the most important thing you can do is consult with a skilled white collar crime defense lawyer as soon as possible. Tax evasion cases are complex, and you’ll need an attorney who understands the ins and outs of the tax code and has experience defending these types of charges.Your lawyer can assess the strength of the evidence against you, explore any possible defenses, and work to negotiate a plea deal or argue for a lenient sentence if necessary. They can also help you navigate the court process and ensure your rights are protected at every stage.Some key steps to take if you’re charged with tax evasion:

1. Invoke your right to remain silent. Don’t try to explain your actions to investigators without your lawyer present.
2. Gather any relevant financial documents, but don’t alter or destroy records. Your lawyer can advise you on what documents may be needed.
3. Be honest with your lawyer about the facts of your case. Attorney-client privilege means everything you tell your lawyer is confidential.
4. Follow your lawyer’s advice and attend all required court appearances. Failing to appear can lead to additional charges.
5. Consider your options carefully before accepting any plea deal. Your lawyer can help you weigh the pros and cons.

Remember, an indictment or arrest for tax evasion doesn’t necessarily mean a conviction is inevitable. With a strong defense strategy, it may be possible to get the charges reduced or dismissed, or to argue for a more favorable sentence. The key is to act quickly and consult with an experienced tax evasion defense attorney who can guide you through the process.

Real-Life Examples of Tax Evasion Sentencing in Idaho

To give you a better idea of how tax evasion sentencing works in practice, let’s look at a few real cases from Idaho:

• In 2019, a Boise businessman was sentenced to 5 years in prison and ordered to pay over $400,000 in restitution after pleading guilty to evading over $1 million in income taxes. The judge imposed the maximum sentence allowed by statute due to the large amount of taxes evaded and the defendant’s lack of remorse2.
• In 2017, a Coeur d’Alene couple was sentenced to 3 years probation and ordered to pay over $100,000 in restitution after pleading guilty to failing to report over $300,000 in income on their tax returns. The judge granted probation rather than prison time because the couple had no prior criminal history and had already paid back a substantial portion of the taxes owed3.
• In 2015, an Idaho Falls man was sentenced to 2 years in prison and ordered to pay over $200,000 in restitution after pleading guilty to filing false tax returns that underreported his income by over $600,000. The judge imposed a mid-range sentence due to the defendant’s cooperation with investigators and efforts to pay restitution prior to sentencing4.

As you can see, the specific sentence in each case depends heavily on the unique facts and circumstances involved. Factors like the amount of taxes evaded, the defendant’s level of cooperation and remorse, and any efforts to pay restitution can all impact the ultimate outcome.

Frequently Asked Questions About Tax Evasion Sentencing

Q: Is there a statute of limitations for tax evasion charges?

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A: Yes. The statute of limitations for tax evasion charges under federal law is typically 6 years from the date the false return was filed or the taxes were due, whichever is later1. However, there are some exceptions that can extend this time period, so it’s best to consult with a lawyer about the specifics of your case.

Q: Can I get probation instead of prison time?

A: It’s possible, but it depends on the facts of your case. Generally, probation is more likely in cases involving smaller amounts of taxes evaded and defendants with little or no prior criminal history. Your lawyer can argue for probation as part of a plea deal or sentencing argument.

Q: Will I have to pay restitution in addition to any fines or prison time?

A: In most cases, yes. The court will typically order defendants to pay restitution to the IRS for the full amount of taxes evaded, in addition to any fines or other penalties imposed1. Paying restitution prior to sentencing can sometimes help argue for a more lenient sentence.

Q: What if I can’t afford to hire a lawyer?

A: If you can’t afford to hire your own lawyer, you may be eligible for a court-appointed attorney. The court will assess your financial situation and determine if you qualify for a public defender or other court-appointed counsel. Keep in mind that even if you do have to pay for your own lawyer, it’s well worth the investment when your freedom and financial future are on the line.

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