Criminal Tax Attorney Los Angeles

Tax Lawyers Group is a law firm based in Los Angeles, specializing in defending individuals and businesses against criminal tax charges. Facing criminal tax charges can be devastating. Defending a criminal tax case requires not just an understanding of tax law but also a deep dive into the nuances of criminal law, constitutional rights, and effective tax legal strategy. Promptly engaging a criminal tax defense lawyer is crucial in protecting your criminal tax defenses. We believe that acting swiftly upon suspicion or initiation of an investigation by tax authorities can lead to a much successful outcome.

Understanding the Criminal Tax Charge:
Criminal tax cases typically revolve around charges of tax evasion, failure to file returns, or filing false claims. The core element in such cases is “willfulness,” as highlighted by the Supreme Court in Cheek v. United States. This case established that a genuine, though misguided, belief in the invalidity of tax laws does not constitute willfulness unless it’s based on a misunderstanding caused by the complexity of the tax law itself.

Early Intervention to Prevent Criminal Tax Referral:
There are pivotal moments in a criminal tax case where proper intervention can lead to an avoidance of a formal criminal tax charge. Knowledge of the IRS and DOJ procedures in Los Angeles by a tax attorney provides multiple intervention points during the process from investigation to prosecution. We aim for early favorable resolutions by presenting strong legal and factual defenses in defending our clients.

Civil to Criminal Tax Referrals: Taxpayers involved in civil disputes like IRS or Sales tax audits might find themselves facing criminal charges if fraud is suspected. Criminal tax attorney’s representation often begins as facts and information are uncovered during the tax audit phase which alerts the taxpayer that there is a potential transition from civil to criminal investigations. Need for criminal tax defense lawyer at this stage of the case pivotal. How to detect potential criminal tax investigation.

Attorney-Client Privilege: The advantage of consulting a tax attorney at Tax Lawyer Group is the attorney-client privilege, protecting communications, unlike those with an accountant. We advise all our clients on the importance of not making statements to IRS agents or CDTFA sales tax auditor without legal counsel due to potential self-incrimination.

Criminal Defensive Strategies:
Challenge Willfulness: Part of tax attorney’s defense require development of a narrative that supports that the client lacked the requisite intent to commit a tax crime. If the taxpayer can demonstrate a good faith misunderstanding of the tax law, even if unreasonable, this might negate willfulness. However, beliefs about the constitutionality of taxes generally do not hold up as a defense.

Reliance on Professionals: If the taxpayer relied on advice from a tax professional, this could be a complete tax defense to a criminal charge. The defense would need to prove that the reliance was reasonable, the advice was erroneous, and the client followed it in good faith.

Calculation of Tax Loss: The sentencing in tax cases often hinges on the “tax loss.” A tax defense attorney might argue for a lower base offense level by contesting how the tax loss was calculated, potentially reducing the severity of the sentence under the Federal Sentencing Guidelines.

Evidence Suppression: If any evidence was obtained unlawfully (e.g., without a proper warrant), defense attorneys can move to suppress this evidence in any criminal tax case, potentially weakening the IRS or CDTFA’s criminal tax case.

Sentencing Considerations: Understanding the Federal Sentencing Guidelines for tax crimes is crucial. Defense attorneys argue for downward departures or variances based on the defendant’s role, acceptance of responsibility, or other mitigating factors not adequately considered by the guidelines.

Character and Circumstances: Presenting the taxpayer’s character, contributions to society, or extenuating circumstances can influence sentencing, aiming for leniency or alternative sentences like community service.

Practical Defense Tactics: Thorough Investigation before trial, conducting a comprehensive review of all financial dealings, communications with tax professionals, and any documentation can lead to IRS or CDTFA from withdrawing their criminal tax investigation. Uncovering errors in the prosecution’s calculations or provide material for cross-examination and often temper IRS or CDTFA’s motivation or expectation of success in a criminal tax case.

Contacting the Los Angeles Tax Attorneys:
For those facing criminal tax issues, tax attorneys at Tax Lawyers Group offers personalized, high-quality defense with the goal of minimizing damage to individuals and their businesses in the Los Angeles area.

Defending a criminal tax case involves navigating a labyrinth of tax law, criminal procedure, and constitutional rights. The key is to challenge the elements of the crime, particularly willfulness, through meticulous preparation, legal argumentation, and sometimes, by questioning the very mechanisms by which the government pursues such cases. By understanding and effectively utilizing these strategies, criminal defense attorneys at Tax Lawyers Group can mitigate the harshness of potential convictions or even secure acquittals in criminal tax prosecutions.