Tax Fraud Lawyer Somerset County, NJ
Receiving a notice from the IRS, the New Jersey Division of Taxation, or a county prosecutor’s office alleging tax fraud can be alarming. For a person in Somerset County—whether in Somerville, Bridgewater, Franklin Township, or a nearby community—facing such allegations is a serious matter that calls for an immediate, clear-eyed understanding of the legal road ahead. Tax fraud is not a routine tax dispute; it is a criminal charge that can bring state prison time, steep fines, and a lasting criminal record. The Superior Court of New Jersey, Law Division — Criminal Part in Somerset County, located at 20 North Bridge Street in Somerville, hears indictable offenses like these. The prosecuting agencies build their cases through detailed financial records, audit trails, and witness interviews. Having an experienced defense team on your side early can make a meaningful difference in how the case unfolds. Mr. Sris, the Owner and Founder of Law Offices Of SRIS, P.C., concentrates his practice on criminal defense and has represented clients in New Jersey and four other jurisdictions since 1997. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Criminal Tax Fraud Means in Somerset County
In New Jersey, tax fraud is prosecuted as an indictable offense—the equivalent of a felony. Indictable crimes are handled in the Superior Court, not the municipal courts that process disorderly persons charges. For residents of Somerset County, the venue is the Somerset Vicinage of the Superior Court, which sits in the 13th Vicinage. The court address is 20 North Bridge Street, Somerville, NJ 08876. Because this is an indictable matter, the case will likely begin with a grand jury proceeding, after which an indictment may be handed down. The potential penalties depend on the degree of the charge, which is determined by the amount of the alleged fraud, the complexity of the scheme, and whether it involves state taxes, federal taxes, or both. A conviction for a second‑degree crime can carry five to ten years of incarceration with a presumption of imprisonment, while a first‑degree crime can bring ten to twenty years.
New Jersey abolished cash bail in January 2017 under the Criminal Justice Reform Act. Pretrial release in Somerset County is now determined by a Public Safety Assessment—a computerized risk score—not by a defendant’s ability to pay a bond. That means the immediate focus after an arrest is on presenting facts that influence the risk score, such as ties to the community, employment, and lack of flight risk. Additionally, for a first‑time offender charged with a qualifying indictable offense, Pre‑Trial Intervention (PTI) may be a possibility. PTI is a diversionary program that, if completed, results in a dismissal of the charges. The court at 20 North Bridge Street processes these applications, and an experienced attorney can advocate for admission into the program when it is available.
How Mr. Sris and His Of Counsel Handle Tax Fraud Cases
When a person reaches out to Law Offices Of SRIS, P.C. about a tax fraud investigation in Somerset County, the initial step is a consultation to understand exactly what happened. The team led by Mr. Sris then works to identify the strengths and weaknesses of the government’s case. In a tax fraud prosecution, the state must prove that the defendant knowingly and willfully provided false information, failed to file a return, or engaged in a scheme to evade taxes. Accounting records, tax returns, bank statements, and communications with tax preparers or revenue agents are all potential evidence. The defense may focus on whether any underpayment was the result of a good‑faith mistake rather than deliberate fraud, or whether the government’s evidence was obtained improperly.
Mr. Sris and his Of Counsel bring extensive experience to every matter. They examine the prosecution’s audit trail, interview witnesses, and consult with forensic accounting attorneys when the facts warrant it. The firm’s approach is to prepare every case as if it will go to trial, while simultaneously exploring every opportunity for a negotiated resolution with the prosecutor. Because New Jersey’s criminal justice system gives the court wide discretion in sentencing under Title 2C, a well‑prepared defense can often lead to a reduced charge or alternative sentence. Throughout the process, the client is kept informed of developments and the realistic options at each stage. The goal is to work toward the most favorable outcome the facts allow. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal law since 1997. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background includes financial and accounting knowledge that often proves valuable in tax fraud cases where the evidence is buried in ledgers and tax filing histories. Along with his Of Counsel—experienced attorneys engaged through Excella—Mr. Sris brings over 120 years of combined legal experience. Results may vary. Firm‑wide, Mr. Sris and his Of Counsel have documented 4,739+ case results since 1997.
Frequently Asked Questions
Is tax fraud a felony in New Jersey?
Yes, tax fraud is typically an indictable offense—the equivalent of a felony—in New Jersey. Indictable crimes are prosecuted in the Superior Court, and a conviction can lead to state prison, not just county jail. The degree of the offense hinges on the amount involved and the nature of the alleged conduct. Second‑degree crimes carry a presumption of imprisonment. Because New Jersey eliminated cash bail, a defendant’s pretrial release after an arrest is determined by a Public Safety Assessment, not by a monetary bond. That makes it critical to have an attorney present the defendant’s community ties and low flight risk promptly.
What should I do if I am being investigated for tax fraud in Somerset County?
If you are under investigation, contact a criminal defense attorney immediately and do not speak with investigators without counsel present. Tax fraud investigations often begin well before any charges are filed—through a revenue agent’s audit, a referral from the Division of Taxation, or a federal agency inquiry. Early involvement of a lawyer can help prevent statements that may be used against you later. Preserve all financial records, tax returns, correspondence with tax authorities, and communications with accountants. The Superior Court in Somerville will schedule the initial appearance once charges are filed, and having representation lined up before that hearing is essential.
Can a tax fraud charge be reduced or dismissed in New Jersey?
Yes, depending on the circumstances, a tax fraud charge may be reduced or diverted through Pre‑Trial Intervention (PTI) or other negotiated resolutions. PTI is available for certain first‑time indictable offenders in Somerset County. Successful completion of the program leads to dismissal of the charge. Even if PTI is not available, the prosecution may agree to amend the charge to a lesser offense if the evidence of fraud is weak or the amount in dispute is low. A qualified attorney can present the defendant’s lack of criminal history, early acceptance of responsibility, and restitution efforts in plea negotiations. Every case is decided on its own facts; no outcome can be past results do not guarantee a similar outcome.
How does the IRS criminal process differ from a New Jersey state tax fraud case?
Federal tax crimes are prosecuted by the U.S. Attorney in the District of New Jersey and carry federal sentencing guidelines with mandatory minimums and no parole. State tax fraud charges are prosecuted by the Somerset County Prosecutor’s Office under N.J.S.A. Title 2C and are heard in the Superior Court. Both state and federal tax prosecutions rely heavily on documentary evidence and financial analysis. The strategies for defending them are similar—challenging the willfulness of the conduct, the reliability of the accounting, and whether the defendant acted in good faith. However, a federal conviction can mean time in federal prison, not a state facility, and often involves parallel civil tax assessments. Because the stakes are high, securing counsel with experience in both state and federal court is important.
Do I need a lawyer if I just received an audit letter from the New Jersey Division of Taxation?
While an audit letter itself is not a criminal charge, consulting a lawyer early can help prevent the matter from escalating into a criminal investigation. Civil audits sometimes uncover evidence that tax examiners refer for criminal prosecution. If the Division of Taxation suspects fraud—such as underreporting income, claiming false deductions, or failing to file multiple years of returns—the case may be transferred to the Criminal Investigation unit. An attorney can work with you and your accountant to respond appropriately to the auditor’s requests without inadvertently making statements that could be used in a later criminal case. Early legal guidance often helps resolve the audit on a civil basis, avoiding criminal exposure entirely.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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. Attorney responsible for this advertising: Mr. Sris.