LibertyBell Law Group

Criminal lawyers from LibertyBell Law Group are known for their winning case results and top client reviews. Learn more about the award winning criminal attorneys from LibertyBell Law Group.

Friday, October 18, 2013

Criminal Attorneys on Federal Defense for Tax Evasion of Payroll Taxes

Criminal Attorneys, the best ones, custom-make federal defenses for a charge of tax evasion of payroll taxes. If federal criminal attorneys were to use the same defenses for all cases, prosecutors would be able to anticipate what they're next move would be and lodge an effective prosecution strategy. However, there are federal defenses that experienced criminal attorneys can tell you will not work under most conditions so you can be better informed on what is not a good defense tactic.

The Best Defense Is Before Tax Evasion Charges are Filed

If you are being investigated for tax evasion it is imperative and vital that you only say "speak to my  criminal attorneys" and do not utter another word to IRS agents, detectives, and law enforcement. Experienced federal criminal attorneys know that even saying something such as "I don't have to talk to you" or "I'm not saying a word" can be used against you in a federal court.

The best defense against a federal charge is, of course, hiring a criminal attorney before charges get filed. Criminal attorneys can effectively protect your rights and know how to mount a defense, talk to the IRS agents, hinder the investigation, and either prevent charges from being filed or lessen the severity of charges filed.

After, charges have been filed, it is essential your criminal attorney start working on a defense immediately. The earlier a criminal attorney can start working on a federal case of tax evasion the much easier it is to defend you and be one step ahead of the prosecution.

Criminal Attorneys Know These Defenses are Not the Best

When federal criminal attorneys defend a charge for tax evasion of payroll taxes they know that a claim of being deceived by the accountant is not going to work well, as past tax evasion cases have shown. In fact, federal attorneys know a business owner can be liable even if the owner had no knowledge the IRS was not being paid payroll taxes. In past cases, federal prosecutors have been successful in expressing that business owners have the authority and responsibility to ascertain payroll taxes are paid.

Another federal defense criminal attorneys say won't work is one based on a business owner claiming payroll taxes were not paid because he or she was trying to keep the business afloat. However, criminal attorneys know federal prosecutors are much harsher in sentencing if the business owner was using the money owed to the IRS to buy luxury items, expensive cars and lavish homes versus just trying to keep the business alive and pay other bills, if the accused were found guilty.

The IRS is aggressively taking on many more employment tax cases and charging smaller businesses with tax evasion. Because of increased hardball efforts against tax evasion of payroll taxes, if you are being investigated or charged with tax evasion, it is to your benefit to hire a team of criminal attorneys and experts right away. LibertyBell Law Group's team of federal criminal attorneys and experts unite their brain power, expertise, and resources to build you an effective and successful defense.

Know that tax evasion, especially of payroll taxes, is a very serious crime, even more so than income tax evasion. A conviction on tax evasion can land an individual numerous years in prison, and having to pay huge fines, penalties and restitution if not effectively defended in a federal court. If your life, business, and reputation is on the line, call our best criminal attorneys now at 855-LAW-PRO1 (855-529-7761).

Wednesday, October 9, 2013

Info Criminal Lawyers use in Filing an Appeal

Criminal lawyers consider many factors in filling an appeal and post-conviction relief remedies. Different states have different laws regarding the number of days that you can file an appeal or years that you must have a clean record before applying for post-conviction relief.  Some states have anywhere from 7 to 60 days to file an appeal. Usually it's between one to five years before you can apply for post-conviction relief.

When filing for a post-conviction relief remedy, a criminal lawyer can best demonstrate that you are completely rehabilitated and are not likely to commit another crime.  A criminal lawyer may even be able to get the conviction erased with an absolute pardon. A pardon is also called a clemency. Depending on your individual case, a criminal lawyer can also seek  a conditional pardon, which means the crime is excused. Know that the appeal process can take a month or even a year, even by the best criminal lawyers. There are deadlines, court procedures, and legal papers that criminal lawyers have to file, though each state has different rules and requirements.

Criminal lawyers who work in all states also know the unique characteristics of the judges and their individual preferences and what they want to see. Criminal lawyers also know that there are other considerations a judge will consider, such as, is the person contributing to society in some way. Criminal lawyers show a positive contribution to society by a person in many ways, like holding a long-term job, volunteering in a non-profit organization, improving education with classes or enrolling in a college or university and more.

Top Factors for a Successful Appeal or Post-conviction relief

  • New facts showing the defendant cannot be found guilty beyond a reasonable doubt
  • New interpretation/perspective of facts that ideally includes newly discovered evidence
  • Completion of confinement or probation
  • All fines are paid
  • No other arrests or convictions (besides traffic violations) have occurred
  • Significant changes to laws regarding your conviction, especially sentencing laws, or new court rulings.
  • If you were not convicted or found guilty, fingerprints , photographs and DNA evidence may be removed from your record. A record of arrest may also be removed if the charge was non-violent or serious. Most arrests not resulting in a conviction can be removed from your record in most states.
Persons with federal convictions can apply for a pardon, which is extremely hard to get. From the time Obama started his presidency only 39 pardons have been given. A federal lawyer can assist you with a federal pardon.

There are many types of appeals or motions a criminal lawyer can use strategically to benefit your case. The way in which a criminal lawyer files an appeal or motion depends much on the individual characteristics of your case, state laws, recent court rulings, the judge and much more. Only  experienced criminal lawyers can best assess your unique case and determine which is the best route to take.

There are also many different post-conviction remedies that can be taken to change or remove all criminal spots from your record. A criminal lawyer specializing in post-conviction remedies and appeals can assess the best route to take, which will depend on many factors. Speak to a top lawyer now, and call 855-LAW-PRO1 (855-529-7761) if you need expert help.