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5 Possible Defenses to Tax Evasion, Fraud and Other White-Collar Crimes in New Jersey

November 2, 2020 | Posted In White Collar Defense

Tax evasion, fraud and other white-collar crimes can carry substantial penalties under New Jersey and federal law. In New Jersey, these crimes are generally classified as “indictable offenses,” which means that they have maximum prison sentences that start at 18 months behind bars. State-level convictions can also lead to tens or hundreds of thousands of dollars in fines, and the practical consequences of a conviction can touch all aspects of your personal and professional life. In federal cases, the penalties can be equally, if not more, severe.

As a result, if you have been charged with a white-collar crime in New Jersey, you need to rely on the representation of experienced defense counsel who can effectively assert all available defenses on your behalf. Depending on the circumstances involved in your case, some of these defenses may include:

1. Unlawful Search or Seizure

Proving guilt in a state or federal case requires admissible evidence. If the government’s evidence against you is inadmissible as the result of being secured through an unlawful search or seizure, then the prosecution may not be able to meet its burden of proving your guilt beyond a reasonable doubt.

2. Lack of Criminal Intent

Many white-collar crimes require evidence of criminal intent. If you lacked the necessary intent to establish criminal responsibility, you do not deserve to be convicted. As the element of criminal intent is inherently subjective, attacking the government’s evidence of intent will be a key defense strategy in many cases.  

3. Innocence on Other Grounds

In addition to arguing a lack of criminal intent, it may be possible to demonstrate your innocence through other means as well. While it is not necessary to prove your innocence, if it is possible to do so, this could potentially bring a swift end to your white-collar criminal case. All white-collar crimes are comprised of multiple elements, and disproving even a single element is enough to establish your innocence of the crime alleged.

4. Police or Prosecutorial Misconduct

In addition to unlawful searches and seizures, various other forms of police and prosecutorial misconduct can also provide defenses in state and federal white-collar cases. Your defense counsel will need to carefully review the procedural aspects of your case to date to determine if any of these defenses are available.

5. Insufficient Evidence of Guilt

To secure a conviction, the prosecution must use the available evidence to prove that you are guilty. Regardless of the facts at hand, if the prosecution’s evidence is lacking, then a criminal conviction is unwarranted.

Discuss Your Case with a New Jersey White Collar Criminal Defense Lawyer in Confidence

Are you facing tax evasion, fraud or other white-collar charges in New Jersey state or federal court? If so, it is important that you speak with an experienced criminal defense lawyer immediately. To discuss your case with one of our experienced white-collar defense attorneys in confidence, call 877-435-6371 or tell us how we can reach you online now.

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