Month: May 2018

When Can Someone Be Charged With Tax Fraud?

When Can Someone Be Charged With Tax Fraud?

There are many different types of crimes involving fraud, but one of the most common types is tax fraud. While some people intentionally commit tax fraud, others may not realize they have committed a crime until they find out they are being investigated. Here’s what you need to know about being charged with tax fraud:

What is Tax Fraud?

Tax fraud is committed when someone enters false information on a tax return in order to reduce the taxes they owe. This can occur in a handful of ways. Some defendants are accused of claiming false deductions or failing to report all of their income to reduce their tax liability, while others are accused of trying to pass off their personal expenses as business expenses.

Because both businesses and individuals must pay taxes, both business entities and individuals can face legal consequences for committing tax fraud.

Determining the Taxpayer’s Intent

The tax code is incredibly complex, so it’s not hard to see why many people make mistakes when filing their taxes. Not every error on a tax return is considered tax fraud. Unintentionally making a mistake on a tax return will not lead to criminal charges. However, if you intentionally provided false information in order to reduce your tax liability, you can be charged with this crime.

How can investigators determine someone’s intent? The IRS will usually assume that tax return errors are unintentional unless they have reason to believe otherwise. Some of the signs that the taxpayer intentionally committed fraud include:

  • Using someone else’s Social Security number on the tax return
  • Records that show the taxpayer tried to conceal or transfer income
  • Falsified documents

These signs indicate that the taxpayer knew exactly what he was doing when he provided false information to the IRS. In cases like these, the taxpayer can be charged with tax fraud. Charges are usually not brought against the accused until the IRS has completed a thorough investigation into the matter.

If it is determined that the taxpayer unintentionally made a mistake, he could face a financial penalty for the error, but he won’t face criminal charges.

Tax fraud is a serious crime that carries many criminal and civil penalties. If you have been accused of tax fraud, speak to the criminal defense lawyers at Reisch Law Firm right away. Tax fraud cases are complex, but our team has the legal resources and dedication that is needed to fight these charges. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Are the Most Common Driver Distractions?

What Are the Most Common Driver Distractions?

Drivers must be prepared to quickly react to changes in their environment. But, it’s difficult to react to a light changing from green to red or a pedestrian walking into the street if you’re not focused on the road. When a driver is too distracted to process and react to these changes, tragic accidents occur. Here’s a look at some of the most common driver distractions:

Cell Phones

It’s hard for some people to pull themselves away from their smartphones for long, which is why so many drivers end up using these devices behind the wheel. Distracted driving accidents often occur when drivers use their cell phones to text, talk on the phone, look at social media, play games, or watch videos.

Smartphones are one of the most dangerous distractions because they distract the driver visually, manually, and cognitively. Most distractions only fall into one of these categories, but a smartphone falls into all three.

Zoning Out

Drivers often get distracted by their own thoughts. When a driver starts to zone out, he takes his attention off of the road. A driver who is zoned out may appear to be paying attention since his eyes are still focused on the road, however his mind has wandered off.

Drivers who are traveling long distances tend to zone out more than drivers who are not going very far. Being stressed or fatigued can also cause a driver’s mind to start to drift off of the road.

Passengers

It’s nice to have other people in the car for entertainment and companionship, but sometimes passengers do more harm than good. Talking to passengers in the car can be distracting for drivers—especially teen drivers. In fact, the Centers For Disease Control and Prevention reports that teen drivers are at a higher risk of getting into an accident when there are other passengers in the car.

Reaching For Something

A driver that is alone in his vehicle may realize that something he needs is in the backseat or just out of his reach in the passenger seat. Instead of pulling off of the road, the driver may try to reach for the object even if it means taking his eyes off of the road for a moment. Drivers that reach for something may not be able to slam on the brakes or swerve out of the way in time to avoid an accident.

Have you been injured in a distracted driving accident? If so, contact Reisch Law Firm right away. Our personal injury attorneys will aggressively negotiate with the at-fault party’s insurance company to recover the compensation you deserve.. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

The Medical Emergency Defense in Personal Injury Cases

The Medical Emergency Defense in Personal Injury Cases

Personal injury victims cannot recover compensation for their injuries unless they are able to prove liability. But, sometimes proving liability is more difficult than it may seem. There are a number of strategies defendants can use to escape liability, including the medical emergency defense.

The Medical Emergency Defense

The medical emergency defense is typically used in cases involving car accidents. When a defendant uses this defense, he is saying that the accident occurred because he was experiencing a medical emergency. For example, let’s say a driver suffers a heart attack while behind the wheel. He loses control of the vehicle because of the heart attack and crashes into your car. In this case, he may be able to use the medical emergency defense.

A heart attack is not the only health condition that can lead to a medical emergency. Any condition that causes someone to lose consciousness, diabetic episodes, and strokes can all be considered medical emergencies.

The Emergency Must Be Unexpected

It’s important to note that the defendant can only use this defense if the emergency medical condition he experienced was unexpected. If the driver was aware of the medical condition, he may not be able to use this defense to escape liability.

For instance, let’s say a doctor tells a patient that he should no longer drive while using a certain medication. If the patient ignores the doctor’s orders, he cannot use the medical emergency defense if his medical condition leads to an accident.

Fighting Back Against the Medical Emergency Defense

There are ways for your attorney to disprove the medical emergency defense. For instance, a review of the defendant’s medical records may reveal that a doctor had warned him to avoid driving. Medical records may also show that the defendant never sought medical treatment after the accident, which could call into question whether the emergency even occurred in the first place.

It’s also possible that court records will show that the defendant has been in this situation before. If this is true, it means he was well aware of his medical condition, and should not be able to use it to defend himself in this case.

Have you been injured in an accident that was not your fault? If so, contact Reisch Law Firm at once. Our team of experienced personal injury attorneys will immediately begin to gather evidence that is needed to prove liability in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.