Bail Bond For a Tax Evasion Charge
If the IRS has charged you with tax evasion, it is important that you act quickly to retain an experienced criminal-tax attorney. This type of fraud is a serious felony offense that carries jail sentences and significant fines. A skilled tax fraud attorney will work with the federal government to negotiate a plea bargain that can get you a reduced sentence or even have the charges dropped altogether.
The definition of tax evasion is intentionally failing to pay taxes or fraudulently avoiding paying the taxes that you owe. This can include any kind of deception or manipulation of records to avoid paying tax, including filing a false return, keeping a double set of books, destroying or concealing financial documents, or using fake invoices and receipts. Tax evasion is a felony charge that carries a prison sentence of up to five years and a $100,000 fine.
Tax evasion is a serious crime because the government relies on taxes to provide services like police, fire, and schools. If everyone evaded their taxes, the government would not have the funds to function. This is why the government works with local and state law enforcement agencies to investigate cases of suspected tax evasion and prosecute those who are found guilty.
Bail bonds offer several advantages, especially for those who cannot afford to pay the full bail amount upfront. They provide a way for individuals to secure their release from custody promptly, enabling them to continue their daily lives, maintain employment, and actively participate in their defense. Without bail bonds, many individuals, innocent until proven guilty, might languish in jail for extended periods simply due to financial constraints.
Can You Get a Bail Bond For a Tax Evasion Charge?
The prosecution must prove that you acted deliberately and with specific intent in order to be convicted of tax evasion. This is called willfulness. The government weeds out cases where conviction seems inevitable and chooses those with the highest publicity value. This is why famous people like Leona Helmsley make headlines when they are arrested for alleged tax evasion: the IRS knows that a front-page story in a national newspaper will scare off potential cheaters.
In most cases, the judge will decide whether or not you can post bail. If the judge approves bond, the person paying for your bond will have to sign a document agreeing that they will pay a specified sum if you fail to appear in court. They will also have to pledge some form of security for the amount paid. This could be a house, car, or other assets. If you skip out on your bond, the bondsman will have to sue you for the full amount of the bond.
Generally, it is not possible to get a bail bond for a tax evasion case in federal court, but if you are charged in state court, it might be possible. The judge will need to assess the risk of you skipping out on your appearances in court and other reasons, such as a history of tax evasion. A good attorney will be able to help you navigate the intricacies of federal bail laws and the nuances of your specific case. If the judge determines that you cannot afford to pay a cash bond, they may allow you to post an unsecured or surety bond. In this case, you must put up an asset that is worth the entire amount of the bond in order to be released on it.