Will I have to serve jail time if I am found guilty of tax evasion?
Dallas criminal defense attorney, John Teakell, explains how the federal sentencing system can send someone to jail, whereas in Texas a tax evader can sometimes elude prison time.
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It’s very possible that you may have to. In the federal system, the US sentencing guidelines can be a very harsh system as compared to the state system. Where in the state system you can negotiate with the prosecutor the minimum sentence or probation often you can do that depending on the circumstances. In the federal system, again, you have the sentencing guidelines that makes a recommendation to the judge and the judge decides what the sentence is. Usually in the federal system the question is, if you are found guilty even on a plead, pursuant to a plea agreement a plea of guilty even that or a trial especially, the question is how much time are you going to have to serve as opposed to will I serve any time. So again, it comes down to under the sentencing guidelines, the dollar amounts that you are deemed to be responsible for, how the charge calculates under the sentencing guidelines, if there is other factors the court can take into consideration that are unique to you personally, if you cooperated with the government, thigs of that nature.