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  • Apr

Intent to Escape Tax Law in Minnesota – A Quick Guide

  • Legal Principles

Paying taxes is one of those things that everybody hates doing.  Income tax, sales tax, property tax – it seems like every time you turn around, the government has their hand in your pocket!  Of course, there’s not much we can do about this.  But there’s one tax that people sometimes think they can get around – Minnesota’s motor vehicle registration tax.  This post explores Minnesota’s Intent to Escape Tax Law and explains why trying to skip this tax is a very bad idea.

Minnesota’s Vehicle Taxation System

Most people are familiar with the way tax is collected on motor vehicles in Minnesota.  Every year, for every vehicle you own, you’ll receive a notice from the state informing you that your registration tax is due.  When you pay it, you get small stickers to place on your license plates, often referred to as “tabs”.  That sticker displays the next year that your tax is due, and signals to police officers and others that the registration tax has been paid.  The amount of tax you pay on a vehicle is based on the vehicle’s value and age.Photo of a Minnesota License Plate

Unfortunately, this system leads some people to a very bad idea.  They think that all they need to do is get a sticker that shows their registration is current, without actually paying the taxes for that sticker.  Some people do this by purchasing tabs for a different, less valuable vehicle, and then placing that sticker onto the license plate of a more valuable car.  Or, worse yet, they’ll obtain a sticker some other way and use that instead.  This might seem like a great idea – you get a sticker showing you paid the full tax amount without having to shell out the money!  But in reality, it’s not that easy.

Although having current tabs makes it appear as though you’ve paid the registration tax, the state’s computer system will still show that the registration is expired.  If a police officer happens to randomly run your license plate – which happens far more often than most people realize! – the officer’s computer will tell them that the registration is expired.  This type of mismatch, where vehicles display current tabs but the computer says the registration has not been paid, is a red flag for officers and likely to result in you being pulled over.

Vehicle Registration Penalties

Driving a vehicle with expired tabs is a relatively minor offense.  It’s a petty misdemeanor, generally with a fine of around $115.  Sometimes these tickets are even dismissed if you bring proof that you’ve purchased current tabs to court.

However, this does not apply to someone who intentionally tries to avoid paying the tax by using incorrect or fake tabs!  If police catch you driving a car with incorrect tabs, you can expect to be charged with Intent to Escape Tax.  This is a gross misdemeanor level offense, and depending on the circumstances, you may even find yourself arrested and taken to jail!

Defending an Intent to Escape Tax Case in Minnesota

Luckily, with a skilled lawyer these types of cases can often be defended, because there are several parts of the law that a good lawyer can use.  Here’s what the statute says:

Any person who shall, with intent to escape payment of any tax on a motor vehicle, as herein provided, delay or neglect to properly list and apply to register the same, or, with intent to prevent the payment or collection of the proper tax, fee, or lien thereon, violate or neglect to comply with any of the provisions of this chapter, shall be guilty of a gross misdemeanor.  Minnesota Statute 168.35

Notice that the law requires proof that you committed an act to intentionally evade taxes (that’s what “with the intent to escape payment…” part of the statute means).  If the incorrect tabs accidentally got placed on your car, then your attorney may be able to prove that there was no intent in your case.  There are also issues in these cases regarding whether the owner is the person driving the car, and who was ultimately responsible for placing the incorrect tabs on the vehicle.  A good defense lawyer can help you use these issues to fight your case.

During my time as a prosecutor, I frequently handled intent to escape tax cases.  I know the ins and outs of these cases and what the government will try to do to prosecute you for this offense.  If you find yourself or someone close to you facing accusations like this, contact me today for a free consultation to see how I can help.

felony lawyer in Minneapolis, MN

Felony Lawyer FAQ

Facing felony charges is a serious and life-changing event. Felonies carry the most severe penalties, including lengthy prison sentences, steep fines, and a permanent criminal record. In these challenging situations, our Minneapolis, MN felony lawyer is our best ally. They protect our rights, build a strong defense, and guide us through the complex legal system. Below, we answer common questions about felony lawyers and how they can help.

1. What Is A Felony?

A felony is the most serious category of crime, typically punishable by more than one year in prison. Felonies are classified based on their severity, with higher classes carrying harsher penalties. Common felony charges include:

  • Violent crimes (e.g., murder, assault, robbery)
  • Drug offenses (e.g., trafficking, possession with intent to distribute)
  • White-collar crimes (e.g., embezzlement, fraud)
  • Sex crimes (e.g., sexual assault, child pornography)
  • Property crimes (e.g., burglary, arson)

A felony conviction can have lifelong consequences, making it crucial to work with an experienced felony lawyer.

2. What Does A Felony Lawyer Do?

A felony lawyer specializes in defending individuals accused of felony crimes. Their primary goal is to protect our legal rights and fight for the best possible outcome. Some of their key responsibilities include:

  • Investigating the case and gathering evidence
  • Identifying weaknesses in the prosecution’s argument
  • Negotiating plea deals to reduce charges or penalties
  • Representing us in court during hearings and trials
  • Advising us on legal options and potential outcomes

By working with a felony lawyer, we can navigate the legal process with confidence and a clear strategy.

3. What Are The Penalties For A Felony Conviction?

At Archambault Criminal Defense, we can confirm that felony penalties vary depending on the crime, jurisdiction, and prior criminal record. Potential consequences include:

  • Prison sentences ranging from one year to life
  • Fines that may reach thousands or even millions of dollars
  • Probation with strict conditions
  • Loss of rights, such as voting or owning firearms
  • Permanent criminal record, which can affect employment, housing, and more

A felony lawyer works to minimize these penalties and, when possible, get charges dismissed or reduced.

4. Can A Felony Charge Be Reduced To A Misdemeanor?

Yes, in some cases, a felony charge can be reduced to a misdemeanor through a process called charge reduction or plea bargaining. Factors that may support a reduction include:

  • Lack of prior criminal history
  • Weak evidence against us
  • Cooperation with law enforcement
  • Mitigating circumstances surrounding the case

An experienced felony lawyer negotiates with prosecutors to achieve a reduction whenever possible.

5. What Should We Do If We Are Charged With A Felony?

If we are facing felony charges, it’s critical to take immediate action to protect our rights. Here’s what we should do:

  1. Remain silent – Avoid discussing the case with anyone except our lawyer.
  2. Request a lawyer – Ask for legal representation as soon as possible.
  3. Gather information – Write down any details that may help our defense.
  4. Avoid social media – Do not post about the case or related matters online.

The earlier we involve a felony lawyer, the stronger our defense will be.

Facing felony charges is a serious matter, but we don’t have to face it alone. Our Minneapolis felony lawyer provides the legal knowledge, guidance, and advocacy we need to defend our rights and protect our future. If we or a loved one are dealing with felony charges, seeking legal representation as soon as possible is the best step toward securing a fair and just outcome.

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About Me

I never expected to be called to work in criminal defense.  For many years I found work as a prosecutor fulfilling.  But over time that changed.  Rather than making a difference, I was a cog in the machine.  Cases stopped feeling like people and became names on paper.   And I realized that often the true difference makers in the system are the defense attorneys.

I founded Archambault Criminal Defense because I want to use my skills to help people.  Because I want my cases to be about people and not just names on paper.  Because I know I have unique expertise and experience that can truly help people move forward and get on with their lives.

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