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New Jersey Tax Fraud Lawyers

New Jersey Tax Fraud Lawyers: Your Guide to Fighting Tax Evasion Charges

Tax fraud and tax evasion are extremely criminal offenses that can result in substantial criminal and civil penalties under New Jersey state law – in addition to federal law. If you are being investigated, or have been charged with tax fraud, you must retain experienced legal help to protect your rights. The Spodek Law Group is here to help you with all tax fraud laws in New Jersey. We provide defense attorneys that are skilled in tax fraud lawyers.

Tax Fraud Laws in New Jersey

New Jersey statutes establish criminal, and civil, penalties for intentionally evading taxes owed to the state of New Jersey. This includes filing false or fraudulent tax returns, failing to file returns, or engaging in deceptive practices to reduce tax liability.

Criminal Tax Fraud

Under N.J. Stat. § 54:52-1, the most serious tax fraud offense is a second-degree felony. This charge applies when the amount of state taxes evaded exceeds $75,000. Criminal tax fraud conviction can result in 5-10 years in prison and fines up to $150,000. Tax fraud between $1,000 and $75,000 is a third-degree felony with up to 5 years imprisonment. Tax fraud under $1,000 is a fourth-degree offense.

Civil Tax Fraud Penalties

In addition to criminal prosecution, the state of New Jersey can file civil suits against tax evaders to recover unpaid taxes, interest, and in addition monetary penalties. Even if you avoid criminal conviction, these civil financial consequences can be severe.

Statute of Limitations

The statute of limitations for criminal tax fraud charges in New Jersey is 6 years. For civil actions, the state can recover back taxes indefinitely until the financial liability is rectified.

Common Tax Evasion Tactics

Below are some of the typical methods New Jersey prosecutors target defendants for tax fraud charges:

  • Claiming false deductions on your tax return
  • Concealing taxable income
  • Reporting income under the wrong tax brackets
  • Using sham corporations or trusts to hide assets
  • Fabricating expenses in order to offset revenue
  • Maintaining multiple sets of books
  • Using fraudulent invoices, or doctored records
  • Destroying records to conceal tax liabilities

Potential Defenses a Tax Fraud Lawyer Could Use

NJ tax fraud lawyers are familiar with the nuances of state tax codes, and know how to make them work for you. The Spodek Law Group, a premier NJ tax fraud law firm – can analyze the details of your case to determine if any defenses are possible. Here are some potential defenses our New Jersey tax attorneys may incorporate into your potential defense:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Lack of Criminal Intent

Prosecutors must prove you knowingly breached a legal tax duty. Your criminal defense attorney can argue there was a mistake or you did not intend to break the law.

Reliance on Accountant or Tax Preparer

You could avoid willful violation claims if you can show good faith reliance on a tax professional’s advice. However, the reliance must be reasonable.

Unclear or Ambiguous Tax Code

There are countless ambiguities in state tax laws. Your tax fraud lawyer can argue your reasonable interpretation of an unclear statute should not constitute fraud.

Violations by Prosecutors

Aggressive prosecutors will often trample constitutional rights and bend the law in order to secure a conviction. Prosecutors only care about their personal track record and making sure they look good. Your criminal lawyer could seek to dismiss evidence if your Fourth, Fifth or Sixth Amendment rights were infringed by prosecutors, or federal agencies.

The Benefits of Hiring a Tax Fraud Lawyer Early

If you discover you are under tax fraud investigation in the state of New Jersey, hiring an experienced tax fraud immediately is critical. An attorney can help by:

  • Working for you during audit meetings and interviews
  • Protecting you from self-incrimination, and falsely admitting to something you didn’t do
  • Gathering exculpatory evidence
  • Negotiating reduced charges, or penalties pre-trial
  • Filing procedural motions to weaken the prosecutors case
  • Developing a defense strategy

Postponing hiring a lawyer until after charges are filed can severely hinder defense efforts. You should excercise your right to a criminal defense attorney as soon as you know the state is pursuing tax fraud allegations.

How Tax Fraud Lawyers Defend Clients Before & During Trial

Once you hire a tax fraud lawyer, he or she will devote substantial efforts to beating the criminal charges before the trial ever begins. The best defense is an offense – and a New Jersey trial lawyer knows that. But, if efforts to dismiss or reduce charges fail, fighting the allegations at trial through is what will happen next. Actions skilled lawyers may take include:

File Motions to Suppress Evidence or Dismiss the Case

If there are flaws in how evidence was obtained, or legal procedures were not followed, it might be wise to make motions to exclude evidence, or dismiss the charges. Your NJ criminal tax fraud lawyers will know what to do next.

Utilize Discovery

Your tax fraud lawyer in NJ can issue subpoenas, request for production of documents, interrogatories, and depositions. This helps uncover evidence that can weaken the prosecution’s case.

Negotiate Plea Deals

Your attorney may be able to negotiate plea bargain agreements on terms that work for you and your family, such as pleading to reduced charges or sentencing leniency.

Present Affirmative Defenses

During your trial, your NJ tax fraud lawyer can bring up evidence and testimony to convince the jury that it wasn’t your fault – such as reliance on a tax preparer, which should exonerate you.

Cross-Examine State Witnesses

Skilled criminal defense lawyers will know how to find inconsistencies and credibility flaws in the state’s witnesses. Intense cross-examination can undermine the prosecution’s case and improve your chances of not being convicted.

Working with Tax Experts

Your attorney could collaborate with CPAs, fraud examiners, or IRS agents as expert witnesses. Their testimony can poke holes in the government’s case and help you disprove their allegations.

Sentencing Mitigation Assistance

It’s hopeful that diligent defense efforts will beat your charges or result in acquittals. But, if you’re convicted on tax fraud charges, your lawyer’s job continues by advocating for minimal sentencing. Strategies for this process include:

  • Present evidence of extenuating circumstances the judge should take into account
  • Challenge evidence the prosecution submits
  • Provide proof of your good character through witness testimony or letters
  • Note your clean criminal history and willingness to make restitution
  • Develop a proposed alternative sentencing plan, like home confinement or probation

Although it’s super scary when you first get charged, an experienced New Jersey tax fraud attorney can help you through the complex criminal justice system and build legal strategies to mitigate the consequences of a conviction. Retaining strong NJ tax fraud lawyer is your best chance at protecting your future.

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