Your friend's spouse needs an attorney and anything disclosed on this public forum regarding what he did or didn't do should only be shared with his attorney. There options, but not that should be discussed in public.
Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
Restitution is very helpful but the crimes have been committed. Courts often consider voluntary restitution at the sentencing phase. Bail is likely if this is a first offense but your facts are thin. In all events, your friend needs to find her spouse some legal counsel ASAP. Best to you
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Many options are available. The first best move is consulting and retaining an experienced federal criminal defense attorney who is familiar with tax and financial crimes.
Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: www.waaltd.com 24/7 call (708) 481-4800 text (708)218-0923
You need to contact a local attorney in the jurisdiction which is being tried. There is several options to consider and an experience local attorney will know the options and the court he's dealing with.
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Bail is certainly an option. Generally your first chance to have a bail argument heard is at the arraignment that takes place within 48 hours of arrest. However, even if bail is denied then, you can reapply at a later date once you have more information to provide to the court. His private attorney or federal defender will be able assist you with that.
I agree with my colleagues that voluntary restitution is an option but voluntary restitution is much less compelling if it takes place after the crime has bed charged. Courts give it less weight at sentencing when it comes so late in the game.
I am a CA attorney and this is just meant to get you started in looking for the right lawyer! This is not legal advice. No Attorney/Client relationship has been formed. I may or may not be licensed in your jurisdiction. Please consult an attorney licensed in your jurisdiction for state specific advice.