Las Vegas Criminal Lawyer
Casino Marker Charges in Las Vegas, Nevada
Casino Marker Criminal Charges in Las Vegas and Nevada: Understanding the Legal Process and Consequences
Casino markers, commonly issued by casinos in Las Vegas and throughout Nevada, act as short-term, interest-free loans that allow patrons to gamble with casino credit. While convenient, failure to repay a casino marker can quickly escalate into serious legal trouble, potentially leading to felony charges. Attorney Josh Tomsheck, a nationally board-certified criminal defense attorney at Hofland & Tomsheck, has extensive experience defending clients against casino marker criminal charges. This page will explain the legal process, potential consequences, and how Josh Tomsheck can help.
What Is a Casino Marker?
A casino marker functions like a short-term loan from the casino. Patrons sign a promissory note agreeing to repay the marker within a designated time frame, typically 30 days. If the marker remains unpaid, the casino can convert the marker into a check and attempt to withdraw the funds directly from the patron’s bank account. If the withdrawal fails due to insufficient funds or a closed account, the casino can initiate criminal proceedings.
In Nevada, unpaid casino markers are treated as “bad checks,” and failing to repay them can result in criminal charges. This makes the situation far more serious than a typical unpaid loan, as it is classified under Nevada law as a form of fraud or theft.
When a Casino Marker Becomes a Criminal Charge
Once a casino marker goes unpaid, the casino will attempt to withdraw the funds by cashing the marker. If there are insufficient funds or the account is no longer active, the casino will notify the local district attorney’s office. At this point, the unpaid marker is treated as a bad check, and the case moves into the criminal justice system.
Under NRS 205.130, knowingly issuing a check (or casino marker) without sufficient funds constitutes a criminal offense in Nevada. Depending on the amount owed, the failure to repay a casino marker can lead to either misdemeanor or felony charges, with escalating penalties for larger amounts.
Casino Marker Criminal Process in Nevada
The criminal process for unpaid casino markers follows a defined series of steps. Understanding these steps is crucial for individuals facing charges, as timely intervention may help avoid harsh penalties:
- Notification and Demand for Payment: After the casino submits the unpaid marker to the district attorney’s office, the office will send a demand letter to the individual. This letter requires immediate payment of the outstanding balance, typically within 10 days. If the debt is paid promptly, criminal charges can often be avoided.
- Filing of Criminal Charges: If the individual does not make payment or reach an agreement with the casino, the district attorney may file criminal charges. Depending on the amount of the marker, the charges can be classified as either:
- Misdemeanor: For markers under $1,200, resulting in lighter penalties such as jail time of up to six months and fines.
- Felony: For markers of $1,200 or more, which can lead to felony charges with harsher consequences, including potential prison time.
- Issuance of a Warrant: If criminal charges are filed, a bench warrant for the individual’s arrest may be issued. This means the person can be arrested at any time, whether within Nevada or in another state, as many warrants for casino marker violations are enforceable nationwide.
- Court Proceedings: If arrested, the individual must appear in court for criminal proceedings. A conviction for unpaid casino markers can result in fines, restitution, and even imprisonment depending on the severity of the charges.
- Possible Defenses: There are various defenses that can be employed in casino marker cases. One of the most common is proving a lack of intent to defraud the casino. If the individual believed they had sufficient funds or if the casino violated agreements, these facts can be used to contest the charges. Other defenses might include processing errors by the casino or legal violations during the criminal process.
Penalties for Casino Marker Violations
The penalties for unpaid casino markers vary depending on the amount of the marker and the specific circumstances of the case:
- Misdemeanor Penalties: If the marker is for less than $1,200, the individual faces misdemeanor charges. These charges carry a potential penalty of up to six months in county jail and/or fines up to $1,000.
- Felony Penalties: For markers of $1,200 or more, felony charges can result in one to four years in Nevada state prison, as well as fines of up to $5,000. Additionally, the court will typically order restitution, meaning the individual must repay the full amount of the marker.
- Additional Consequences: Beyond the immediate criminal penalties, a conviction for a casino marker violation can have long-term repercussions, including a permanent criminal record, difficulty securing future employment, and damage to personal reputation. Financial institutions may also hesitate to extend credit to individuals with such a conviction on their record.
Avoiding Criminal Charges for Casino Markers
The best way to avoid criminal charges is to act quickly when financial difficulties arise. Open communication with the casino can help prevent the situation from escalating to the district attorney’s office. Casinos are often willing to work with patrons to recover the debt rather than pursue criminal charges.
However, once the district attorney is involved, negotiating payment becomes more difficult. This is where hiring an experienced criminal defense attorney, such as Josh Tomsheck, is critical. Josh can help negotiate with the district attorney’s office and work toward a resolution that avoids or minimizes criminal penalties.
Why Choose Josh Tomsheck to Defend Against Casino Marker Charges?
When facing casino marker charges, having a knowledgeable and experienced defense attorney is essential. Josh Tomsheck, a nationally board-certified criminal defense attorney and former Chief Deputy District Attorney, is uniquely qualified to handle these cases. As the founder of the LV Criminal Law Center, Josh Tomsheck is committed to providing the most comprehensive information and best defense possible to those who are facing Casino Marker Crimes in Las Vegas. Josh is the best choice to represent you on a Casino Marker case because of:
- Expertise in Casino Marker Cases: Josh Tomsheck has successfully represented many clients charged with casino marker violations, ensuring they receive the best possible defense.
- Inside Knowledge of Prosecution: As a former Chief Deputy District Attorney, Josh has an insider’s understanding of how the prosecution builds its case, allowing him to craft strategic defenses that protect his clients’ rights.
- Proven Track Record: With years of experience defending clients against serious criminal charges, including casino markers, Josh Tomsheck has a proven history of securing favorable outcomes for his clients.
Contact Josh Tomsheck to Defend Against Casino Marker Charges
If you are facing criminal charges for failing to repay a casino marker in Las Vegas or anywhere in Nevada, you need a skilled defense attorney on your side. Josh Tomsheck and the team at Hofland & Tomsheck have the experience and resources to fight for your rights and help you navigate the legal system.
Call us today at (702) 895-6760 or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101, to schedule a confidential consultation. Let Josh Tomsheck defend your case and help you protect your future.
