The best federal defense by attorneys for tax crimes often involves preventing the case from being referred by the IRS to the U.S. Department of Justice for criminal prosecution. The likelihood of non-referral is highest at the beginning of an audit or an investigation and diminishes significantly with time. Once the case has been handed over to the prosecutor, the difficulty of having the case declined is at it’s highest.
Attorneys know attempting to convince the prosecutor to decline the case is a risky endeavor and many factors must be considered. What and how evidence is presented must be carefully thought out as an attorney must lay bare at least part of the federal criminal defense attorney strategy that may be used later if the prosecutor decides to go forward with trial.
If the client is indicted for other co-occurring crimes along with federal tax fraud and evasion, it is not likely a prosecutor will decline a case. In these circumstances, the attorneys on the defense are probably best not to pursue a pre-indictment conference.
MOST COMMON FEDERAL CRIMES OCCURRING WITH TAX FRAUD AND EVASION:
A solid federal defense presented by attorneys to the prosecutor, pre-indictment, involves a strong legal argument based on facts. The argument presented by the attorneys for the defense will depend on the goal. For instance, is the attorney attempting to persuade the prosecutor to throw out the case completely or pursue lesser charges, such as a misdemeanor instead of a felony. The same analogy may be applied when attorneys present a defense in a trial, much will depend on the goal.
Frequently Asked Questions
What are federal crimes in California?
Federal crimes are instances where the law violated is upheld by federal courts rather than state courts. There are many instances where a crime violates both federal and Californian laws. In this instance, the severity of the crime will often determine how it is prosecuted.
A case can even be transferred to federal court once it is underway. In some circumstances, federal courts can have advantages for defendants due to their consistency and other unique features. Your legal representation may suggest this when it would be beneficial to your case.
How much does a criminal defense lawyer cost in California?
The cost of a criminal defense lawyer varies in California, depending on several different factors. The level of experience a lawyer has will affect how much they charge, along with the specifics of your case. A complex case with lots of ins and outs will be more expensive, for example. The type of law your case involves will also affect the cost.
Defense lawyers also offer different fee arrangements. Some charge by the hour, while others ask for a flat fee. Before choosing an attorney, it’s important to clarify your fee arrangement.
How to choose a federal criminal defense lawyer?
When choosing a federal criminal defense lawyer, there are a few important things to keep in mind. The first is experience as a defense lawyer, especially in the field of law that is relevant to your case. Years of experience give lawyers the chance to develop legal strategies and defenses that they can rely on to achieve positive results for their clients.
You’ll also want to look for positive testimonials and reviews from former clients. Another option is to ask your lawyer about recent wins and how they were achieved.
During a consultation, you can learn more about your lawyer and their plan for your case. You’ll be able to decide if you would be a good fit for working together, which is another important factor in choosing a lawyer.
What is the most common argument of a defense lawyer?
Good defense lawyers will tailor their argument to your case, but there are a few basic lines of argument that guide most defenses. The most common is that there was no intent to commit the crime. Many laws rely heavily on the fact that there was an intent to do wrong in the prosecution, which makes proving otherwise very effective.
What are the most important justifications criminal defense attorneys use?
Criminal defense attorneys often use these justifications to argue on behalf of their clients. These powerful arguments can be customized to fit many different cases.
The alibi defense revolves around proving the defendant’s innocence. If you can prove that your alibi prevents you from having been able to commit the crime, then
Self-defense is another common line of defense from attorneys. However, this type of defense is obviously limited to violent crimes.
Constitutional violations also come up often. Law enforcement must adhere to constitutional standards when it comes to treatment of the defendant, collecting evidence, and the arrest itself. Illegally searching a defendant’s property, not obtaining a warrant, and coercing a confession can potentially get a case dismissed.