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Posts Tagged ‘Charges’

Can a defense attorney file criminal charges against someone for non-payment of final bill?

15 Jun

My husband has an outstanding balance of $500 to his defense attorney for services he received last year. I am the actual person who signed the paperwork as he was incarcerated at the time. I received a phone call from the attorney’s secretary yesterday and was told that if I did not pay the balance by the end of the week that they were going to file criminal charges against me complete with a police report. Can they do that? I would think that would fall under a civil suit instead of criminal.

 
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How can I find a Bankruptcy Attorney in Los Angeles who charges low income clients based on sliding scale?

03 Jun
 
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Who can one contact when wanting to file charges against a Chairman and CEO of a company?

09 May

One was sexually harrassed by the Chairman and CEO of a company, eventually it stopped but this person had to endure some very rude and irrational behavior. Three months into the job she finds out the taxes she was paying on her wage were not going to the government, the company never submitting taxes on her but was pay her as if they had. When all of this was brought to the attention of the HR department she was fired 1 week later with the excuse her position is no longer needed. This is an obvious retaliation and wrongful termination. She cannont even file for unemployment because she does not have pay stubs, but has proof of her wire transfers and offer letter. How can she find an attorney that would work and deduct his/her fees after it’s all over? She cannont afford a lawyer but why should anyone get away with tax fraud and sexual and abusive behavior toward a woman?

What is her first step?

 
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Avoid Tax Evasion Charges

25 Nov

Tax evasion and tax avoidance are too distinctly different things.  Avoiding taxes is simply the practice of taking advantage of as many legitimate deductions and tax credits as you can in order to lower your tax liability.  Evasion is the criminal act of not paying taxes that you owe.

The Internal Revenue Service has more than 300 agents dedicated to the investigating and penalizing of taxpayers who attempt income tax evasion.  

The Internal Revenue Service audits taxpayers at random every year, but most audits are due to unusual activities when it comes to filing income tax returns.  Certain actions will trigger an Internal Revenue Service audit such as, too many deductions in proportion to earnings, and too little income claimed by a person with a lot of assets.

One of the rights you have as a taxpayer is the right to representation.  Take advantage of it and hire a tax attorney if you are faced with major IRS problems.

Contacting the Internal Revenue Service directly is not recommended.  After all, they do not have your best interests at heart.  They are considering the best interests of the federal government and their personal career aspirations.  They are not likely to work things out in your favor; they are more inclined to work things out in favor of the federal government.

There are three crimes that you can be convicted of in regard to income tax evasion.

The first crime under the penal code is tax evasion, which can impose a fine of $100,000 and five years imprisonment.

The second punishable offense the Internal Revenue Service can charge you with is filing a false income tax return.  Under this charge, the Internal Revenue Service does not have to prove that you had an intent to evade your taxes, only that you did file false returns.  Conviction can get you a $100,000 fine and up to three years in a federal facility.

The third crime of which you can be convicted under law is failure to file an income tax return.  As a misdemeanor, you can face 3 years imprisonment and a $25,000 fine for each year you failed to file your income tax return.

If you are facing the possibility of being charged with income tax evasion, you need to hire a tax attorney right away.  Forget trying to negotiate with the Internal Revenue Service yourself.  At this point, the Internal Revenue Service not only sees you as an uncooperative taxpayer, but as a criminal.  You are going to need good, professional representation if you are going to avoid jail time.

 

Contingency Charges In South Africa….?

06 Nov

Is it legal in South Africa to enter into ordinary business contracts having contingency provisions in such contracts, for example, if my business signs a contract with a security firm to monitor and oversee all aspects of business security, would it be legal to insert a provision into the contract of mandate stating that any losses resulting from theft and damage by trespassers etc to the said property would be borne by the security company?
I am aware that in my profession (accounting/auditing) we are prohibited from charging contingency fees, primarily to avoid conflict of interests, manipulated profits and tax evasion whereas attorneys are allowed to charge contingency fees subject to certain conditions?

 

Felony And Misdemeanor Criminal Charges

13 Oct


Attorney Dedra Sibley, of law firm Allen & Arcadier of Melbourne, Florida, discusses the difference between a felony and misdemeanor criminal charge.

Attorney from law firm Allen & Arcadier, of Me…

 

Criminal Tax Attorney – Dealing With Charges Of Tax Evasion

20 Sep

Those who find themselves charged with some kind of criminal tax evasion may also be in the rather urgent need of a highly specialized criminal tax attorney. The reason(s) the tax authorities is after you may not matter that much. Regardless if you willingly filed false returns or if you forgot or simply made a mistake, a lawyer may be the only one who can get you out of trouble. Tax crimes are not taken lightly in most countries, and the various forms of IRS tax evasion certainly aren’t the exception to the rule.

Here is a brief outline of the situation when charged with braking the tax laws.

In the US, it is the federal government that will take care of the criminal proceedings. A criminal tax attorney is hired as your legal representation in these matters. The first step in most investigations will be to determine if the tax violation was committed on purpose or not. If it is clear that you knowingly neglected to follow the appropriate tax laws of your country, the charge will most definitely become a court case. Under such circumstances a good lawyer is always advisable.

As a rule of thumb, the criminal tax attorney will do whatever he can to try and prove that you in fact have done everything in your power to play by the rules – any form of criminal tax evasion was never your true intention. On the other had it is up to the IRS to, beyond reasonable doubt, prove that you did indeed commit a tax violation with a full understanding of what you where doing.

“Not knowing any better” is of course never a good enough excuse for any crime, but at least it shows that your intentions where in the right place.

At some point you will also be explaining yourself to an IRS agent, and it is a good idea to consult with your criminal tax attorney before that meeting. He or she will help you with what to say, so that you do not incriminate yourself further by mistake. Naturally you will be telling the truth to both your lawyer and the IRS, but in most legal matters the details are very important.

Your attorney will also be able to participate in these hearings and to communicate directly with the IRS lawyers, in order to present them with all the relevant information concerning your alleged IRS tax evasion. Like all other legal situations, your attorney should make sure all your rights are protected at all times.