Tax Evasion Lawyer Bergen County, NJ
If you are facing a tax evasion investigation or charge in Bergen County, New Jersey, the steps you take now can affect the rest of the matter. Law Offices Of SRIS, P.C. represents individuals and businesses in state and federal tax evasion cases. Mr. Sris is a former prosecutor who founded the firm in 1997 and, together with his Of Counsel, has documented over 120 years of combined legal experience. Results may vary. Our New Jersey location serves clients at the Superior Court of New Jersey, Bergen Vicinage, in Hackensack, and in federal matters in the District of New Jersey. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Tax Evasion Charges in New Jersey
Tax evasion in New Jersey is generally prosecuted as an indictable offense—the state’s equivalent of a felony—under the New Jersey Code of Criminal Justice and state revenue statutes. The charge arises when a person is alleged to have willfully attempted to evade or defeat a tax imposed by New Jersey law, whether through underreporting income, failing to file returns, or other fraudulent conduct. Because the state’s taxing authority and the Division of Criminal Justice can bring charges, these cases often involve extensive documentary evidence and financial records.
New Jersey classifies criminal offenses by degree. Most tax evasion charges involving substantial underpayments are third- or second-degree crimes, which carry a presumption of imprisonment upon conviction and a significant period of incarceration. In addition to a prison sentence, a court may impose fines, restitution, and other financial penalties. The precise exposure depends on the amount of tax evaded, the presence of aggravating factors, and the defendant’s criminal history. Because each case is unique, an experienced attorney can evaluate the specific allegations and work to build a well-prepared defense.
How Tax Evasion Cases Proceed in Bergen County
Tax evasion cases in Bergen County are handled by the Superior Court of New Jersey, Law Division—Criminal Part, at the Bergen Vicinage in Hackensack. The process typically begins when a complaint or indictment is filed following an investigation by the New Jersey Division of Taxation’s Office of Criminal Investigation or another law enforcement agency. Once charged, the defendant appears for a first appearance and detention hearing. Under the Criminal Justice Reform Act of 2017, New Jersey no longer uses cash bail; instead, a Public Safety Assessment determines whether the person is released pending trial or detained.
For some first-time defendants, Pre-Trial Intervention may be available. PTI is a diversionary program that, upon successful completion of one to three years of supervision, results in the dismissal of charges. Not every tax evasion case qualifies, and eligibility depends on factors such as the nature of the alleged offense and the defendant’s background. An attorney familiar with Bergen County procedures can assess whether PTI or another early-resolution option is appropriate. At every stage—from investigation through trial—Mr. Sris and his Of Counsel appear in Bergen County courts and work to protect the client’s interests.
How Mr. Sris and His Of Counsel Defend Tax Evasion Cases
Defending a tax evasion charge requires a detailed review of financial records, tax returns, and the government’s investigative file. Mr. Sris, a former prosecutor, brings firsthand knowledge of how the state builds its cases. He and his Of Counsel carefully examine whether the government can prove each element beyond a reasonable doubt, whether procedural errors occurred during the investigation, and whether a settlement that reduces exposure is possible. The defense may involve challenging the willfulness element, demonstrating that the taxpayer relied in good faith on an accountant or tax preparer, or showing that the tax liability was not as alleged.
Every tax evasion case is different, and the defense strategy is tailored to the specific facts. The timeline varies by court scheduling and the complexity of discovery. Mr. Sris and his Of Counsel work to achieve favorable outcomes through pretrial motions, negotiations with prosecutors, and, if necessary, trial. Because tax matters involve sensitive financial information, all communications are handled confidentially.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Together with his Of Counsel, he brings over 120 years of combined legal experience. Results may vary. The firm has documented 4,739+ case results since its founding. If you are under investigation or charged with tax evasion in Bergen County, call (888) 437-7747 to request a consultation.
Frequently Asked Questions
Is tax evasion a felony in New Jersey?
Tax evasion is an indictable offense under New Jersey law, which is the state’s equivalent of a felony. It is not a disorderly persons (misdemeanor) charge and is handled by the Superior Court Criminal Division. Depending on the amount of tax loss and other factors, the offense may be graded as a second-, third-, or fourth-degree crime, each with distinct sentencing ranges.
What should I do if I am being investigated for tax evasion in Bergen County?
If you learn that you are under investigation for tax evasion in Bergen County, do not speak with investigators without an attorney present. Contact a lawyer immediately. The investigation may be conducted by state revenue agents or the county prosecutor’s office. An attorney can advise you on whether to provide records, how to respond to inquiries, and can work to prevent charges from being filed.
Does New Jersey still use cash bail for tax evasion cases?
No. New Jersey abolished cash bail in January 2017. Pretrial release is now determined by a computerized Public Safety Assessment that considers flight risk and danger to the community. If the assessment supports release, the defendant may be released with conditions. An attorney can advocate at the detention hearing to seek pretrial release and reasonable release conditions at the Superior Court in Hackensack.
Can a first-time tax evasion charge be resolved through Pre-Trial Intervention?
Pre-Trial Intervention may be available to first-time defendants in some tax evasion cases, but it is not guaranteed. PTI is a diversion program that, upon successful completion, leads to the dismissal of charges. The prosecutor must consent, and the decision considers the seriousness of the alleged offense, the amount of tax loss, and the defendant’s background. An experienced lawyer can present the strong case for PTI admission.
How does an attorney challenge a tax evasion charge?
An attorney can challenge a tax evasion charge on several grounds, including lack of willfulness, reliance on professional advice, and faulty evidence. The government must prove that the defendant intentionally attempted to evade the tax, not merely made a mistake or relied on a tax preparer. An attorney may also challenge the calculation of the tax deficiency, the admissibility of statements, or procedural irregularities in the investigation.
What are the potential penalties for tax evasion in New Jersey?
A conviction for tax evasion in New Jersey can result in a prison sentence, substantial fines, and restitution. The exact penalty depends on the degree of the offense. Second-degree crimes carry a sentence of five to ten years, with a presumption of imprisonment; third-degree crimes carry three to five years. The court may also order the defendant to pay back taxes, penalties, and interest. Because each case is fact-specific, the penalty range varies.
How long does a tax evasion case take in Bergen County?
The timeline for a tax evasion case in Bergen County varies based on the complexity of the financial records, the volume of discovery, and the court’s schedule. Indictable cases generally take many months from indictment to resolution, and complex financial cases often take longer than a year. An attorney can discuss the typical pace in the Bergen Vicinage during a consultation.
Do I need a lawyer for tax evasion in Bergen County?
Yes. Tax evasion is an indictable offense that can lead to imprisonment, heavy fines, and a permanent criminal record. The financial nature of the case means the government will use detailed records, and the legal issues are technical. An attorney admitted in New Jersey who regularly appears in Bergen County courts can evaluate the case, negotiate with the prosecutor, and, if necessary, present the defense at trial.
What is the difference between state and federal tax evasion charges?
State tax evasion is prosecuted by county or state authorities in New Jersey Superior Court, while federal tax evasion is prosecuted by the U.S. Attorney’s Office in the District of New Jersey under federal statutes such as 26 U.S.C. § 7201. Federal cases carry their own sentencing guidelines and have no parole. Mr. Sris and his Of Counsel handle both state and federal tax evasion matters and can explain the distinctions after reviewing the specific charges.
Can I face both state and federal charges for the same conduct?
Yes. It is possible to be charged by both New Jersey and the federal government for conduct that violates both state tax law and the Internal Revenue Code. Dual prosecutions raise significant strategic considerations, and an attorney with experience in both forums can help navigate the overlapping cases and minimize conflicting outcomes.
How do I request a consultation with a Bergen County tax evasion lawyer?
To request a consultation about a tax evasion matter in Bergen County, contact Law Offices Of SRIS, P.C. at (888) 437-7747. The firm’s phones are answered 24 hours a day, 365 days a year. A staff member can schedule a time to discuss the facts of your situation with Mr. Sris or his Of Counsel. All calls are confidential.
Does the firm have an office in Bergen County?
Law Offices Of SRIS, P.C. Does not maintain a walk-in location in Bergen County, but the firm’s New Jersey location regularly appears at the Superior Court in Hackensack. The firm’s New Jersey location is at 44 Apple St, 1st Floor, Tinton Falls, NJ 07724. All meetings are by appointment. To speak with an attorney about a tax evasion case in Bergen County, call (888) 437-7747.
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Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.