Tax Evasion Lawyer Union County — Defending Against IRS Criminal Charges
A tax evasion lawyer Union County is essential when facing IRS criminal investigations. Tax evasion under 26 U.S.C. § 7201 is a felony with penalties up to 5 years in prison and $100,000 in fines per count. Law Offices Of SRIS, P.C. provides immediate defense for Union County residents.
What Is Tax Evasion Under Federal Law?
Last verified: April 2026 | Superior Court of NJ, Union Vicinage | NJ Legislature
Tax evasion is a serious federal crime defined under 26 U.S.C. § 7201. The statute makes it a felony to willfully attempt to evade or defeat any tax, payment of tax, or filing of a return. The government must prove three elements beyond a reasonable doubt: (1) the existence of a substantial tax deficiency, (2) an affirmative act constituting an attempt to evade or defeat the tax, and (3) willfulness. This is distinct from negligence or a simple mistake; it requires a deliberate, intentional violation of a known legal duty. Founded in 1997 by former prosecutor Mr. Sris, our firm understands the severe stakes of these charges.
Official Legal Resources
For the full text of the federal tax evasion statute, see 26 U.S.C. § 7201 (Cornell Legal Information Institute). For local court procedures in Union County, visit the New Jersey Courts Union Vicinage website.
Local Court Process for Tax Evasion Cases in Union County
While tax evasion is a federal crime prosecuted in U.S. District Court, related state charges or investigations can originate locally. The process in Union County often begins with a civil audit that escalates to a criminal referral. The IRS Criminal Investigation Division (CID) will conduct a thorough inquiry before referring the case to the Department of Justice.
- Initial Contact/Investigation: You may receive an IRS notice or be contacted by a CID special agent. Do not speak to agents without an attorney.
- Evidence Gathering: The CID will subpoena financial records, interview associates, and build a case file.
- Prosecutorial Review: If the CID believes a crime occurred, they refer the case to the U.S. Attorney’s Office for the District of New Jersey.
- Indictment & Arraignment: A federal grand jury may issue an indictment. You will be arraigned in U.S. District Court.
- Pre-Trial & Negotiation: Your attorney will file motions, challenge evidence, and negotiate for reduced charges or alternatives to trial.
- Trial or Resolution: The case proceeds to trial or is resolved through a plea agreement.
Potential Penalties for Tax Crimes
In Union County, federal tax evasion carries severe penalties including imprisonment, substantial fines, and restitution.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Tax Evasion (26 U.S.C. § 7201) | Felony | Up to 5 years | Up to $100,000 ($500,000 for corporations) | Cost of prosecution, restitution, probation |
| Filing a False Return (26 U.S.C. § 7206(1)) | Felony | Up to 3 years | Up to $100,000 | Civil fraud penalties, restitution |
| Failure to File/Pay (Misdemeanor) | Misdemeanor | Up to 1 year | Up to $25,000 ($100,000 for corporations) | Civil penalties, interest accrual |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Tax Evasion Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to every case. We have handled complex financial and white-collar investigations. Our approach is to mount an aggressive, early defense to protect your rights and freedom. We scrutinize the IRS’s evidence for procedural errors, violations of your rights, or lack of willful intent.
Our Approach to Tax Evasion Cases
We focus on challenging the element of “willfulness,” which is often the government’s weakest point. Defense strategies may include demonstrating a lack of intent due to reliance on a professional advisor, arguing the tax deficiency is not “substantial,” or moving to suppress evidence obtained improperly. An IRS criminal charge lawyer Union County from our firm will analyze every detail of your financial history and the government’s conduct.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Union County Tax Evasion Defense Lawyers
Our New Jersey location serves clients in Union County. We are accessible via the NJ Turnpike, Garden State Parkway, Route 22, and I-78, near landmarks like the Union County Courthouse and Newark Airport.
Tax evasion lawyer near Union County serving Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
Tax Evasion Defense FAQs
What is the difference between tax evasion and tax avoidance?
Yes, there is a critical legal difference. Tax avoidance is the legal use of deductions and credits to minimize tax liability. Tax evasion is the illegal act of deliberately concealing income or falsifying deductions to avoid paying taxes owed.
Can I go to jail for a mistake on my tax return?
It depends. The IRS must prove you acted “willfully,” meaning with intent to violate a known legal duty. Honest errors, math mistakes, or reliance on incorrect advice from a tax preparer generally do not constitute criminal tax evasion. However, they can still lead to civil penalties.
What should I do if an IRS agent wants to interview me?
No. You should not speak to an IRS Criminal Investigation Division agent without an attorney present. Politely decline the interview and state you wish to consult with your lawyer. Contact a tax evasion lawyer Union County immediately.
How long does a tax evasion investigation take?
IRS criminal investigations are lengthy, often taking 12 to 24 months or more from the start of the audit to a potential indictment. The timeline depends on the complexity of your finances, the amount of evidence, and whether the case is referred for federal prosecution.
What are common defenses to tax evasion charges?
Common defenses include lack of willfulness (you didn’t know the law), reliance on a competent tax professional, the tax deficiency is not substantial, the statute of limitations has expired, or evidence was obtained through an illegal search or violation of your rights.
Related Legal Services in Union County
If you are dealing with other legal matters, our firm also assists with business law in Union County, federal criminal defense, and contract disputes. For more information on our statewide practice, see our New Jersey civil litigation hub. We also serve neighboring areas like Bergen County and Middlesex County.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.