Casino Markers – NRS 205.130

Casino Markers

Under Nevada Revised Statute (NRS) 205.130, casino markers are considered a form of credit extended to gamblers by casinos. A marker is essentially a check or a promissory note issued by a casino to a patron, allowing them to gamble without having cash on hand. While casino markers provide a convenient way for players to access funds, failing to repay these markers can lead to serious legal consequences.

To secure a conviction for failing to repay a casino marker, the prosecution must establish the following elements beyond a reasonable doubt:

1. Issuance of Marker: The casino issued a marker to the defendant, allowing them to gamble.
2. Failure to Repay: The defendant failed to repay the marker when it was due.
3. Intent to Defraud: The defendant either intended to defraud the casino by not intending to pay the marker or acted with willful disregard for the obligation to repay.

Related Offenses

The offense of failing to repay a casino marker is closely related to several other criminal offenses, including:

1. Theft – NRS 205.083
2. Fraud – NRS 205.377
3. Check Fraud – NRS 205.130
4. Issuing Bad Checks – NRS 205.130
5. Embezzlement – NRS 205.300

Examples

Understanding how casino markers work can be illustrated with the following examples:

• Example 1: A patron goes to a casino and requests a $5,000 marker to gamble. They use the funds but fail to repay the marker when it is due. If the casino demonstrates that the patron had the intent to avoid repayment, they could face charges under NRS 205.130.
• Example 2: A gambler writes a check to a casino for a marker knowing they do not have sufficient funds in their account. When the check bounces, the casino can pursue criminal charges for issuing a bad check, which may lead to repercussions under NRS 205.130.

Defenses to Casino Markers

Defending against charges related to casino markers involves several potential strategies:

1. Lack of Intent to Defraud: If the defendant can prove that they did not intend to defraud the casino and that the failure to repay was due to unforeseen circumstances, such as financial hardship, this may serve as a defense.
2. Insufficient Evidence: The prosecution must provide clear evidence that the defendant intended to defraud the casino. If the evidence is lacking or circumstantial, the charges may be challenged.
3. Mistake or Miscommunication: Demonstrating that there was a misunderstanding about the terms of the marker or repayment can help in building a defense.

Potential Penalty for Casino Markers

The penalties for failing to repay a casino marker under NRS 205.130 can be severe, depending on the circumstances:

• Misdemeanor or Felony: Failing to repay a marker may be charged as a misdemeanor or a Category D felony, depending on the amount involved and the defendant’s prior history.
• Misdemeanor Penalties: If charged as a misdemeanor, penalties can include up to 6 months in jail and/or a fine of up to $1,000.
• Felony Penalties: If charged as a Category D felony, the penalties may include 1 to 4 years in prison and/or a fine of up to $5,000, along with possible restitution to the casino.

Criminal Defense for Casino Markers

If you are facing charges related to casino markers, it is crucial to have an experienced criminal defense attorney on your side. Joshua Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. With extensive experience in handling complex criminal cases, Mr. Tomsheck is well-equipped to defend against charges related to casino markers.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Joshua Tomsheck has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial.

For more information about defending against charges related to casino markers in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today.