Getting Your Criminal Charges Dropped & Reduced is What We Do
Many people, especially tourists, are surprised to learn that unpaid casino markers (gambling debt) in Nevada are both a civil and criminal offense. So not only can a casino sue you, but also the state can charge you for defaulting on markers and threaten you with prison time. Our Las Vegas Nevada criminal defense lawyers have been extremely successful in negotiating favorable resolutions in our clients' casino markers cases. Often we can secure an eventual dismissal of your charges, no jail time, and no criminal record.
Two common ways to fight casino marker charges in Las Vegas and throughout Nevada are to challenge the marker's facial validity and to contend you had no intent to defraud.
Sometimes casinos issue markers that do not qualify as "checks" under Nevada law. In those instances, the D.A. may not prosecute you for neglecting to pay them. Nevada D.A.s cannot prosecute cases involving the following types of markers:
- markers that do not show the payee (the casino), the date, the amount of money, or your signature
- markers that are pre-dated, post-dated, or where an agreement was made to hold the check for later payment
- markers where the identities of you or the casino cannot be ascertained
- markers that have been altered or look like forgeries
- markers for pre-existing debt and if the casino suffered no monetary injury
If your attorney can show that your markers fall outside of Nevada's bad check statute, then the D.A. should dismiss the case. The casino may try to sue you civilly at that point, but at least then you can explore bankruptcy and not worry about being sent to prison.
No intent to defraud
A Nevada court may not convict you of unpaid casino markers if you did not have intent to defraud. Unfortunately, the law presumes you had intent to defraud if your bank had insufficient funds when the casino tried to redeem your allegedly unpaid markers.
Even though "intent to defraud" is a tough presumption to overcome in Nevada, it still may be possible depending on the facts of your case. The following circumstances may help chip away at the state's argument that you intended to pass a bad check:
- if you had a long, harmonious history of reimbursing casino markers
- if you fell ill after having taken out the unpaid markers
- if the casino intoxicated you with alcohol, thereby compromising your judgment
Although it is not foolproof, another way to demonstrate no intent to defraud in Nevada is if your bank records show that you did have sufficient funds to pay the marker at the time you took them out.
Various defendants in past casino marker cases have challenged whether markers are indeed "checks" and argued that the laws violate equal protection and the U.S. Constitution. We heartily agree, but Nevada courts have rejected these positions so far.
Knowing the Local Courts & Judges
Clark County and other Nevada courts have their own way of doing things, and we've developed relationships with judges & prosecutors over the years that you'll get to use to your advantage.ˇ
At Las Vegas Defense Group, we've won 1000s of cases in Las Vegas, Henderson & surrounding cities, with a track record of success defending domestic violence & spousal abuse charges.
"Hiring them was the best decision I made by far, these guys kept me out of jail and basically saved my life." ˇTony M. - Las Vegas
If you are facing charges for any sex crime in Las Vegas, the prosecution is already building their case against you, so don't waste ANY time. And don't say anything to police or detectives about your case, as that can be used against you in the court of law.
Getting Criminal Charges Reduced and Dropped is What We Do. Call 702-333-3673 for a FREE Confidential Consultation.