CASINO MARKERS
Las Vegas Casino Markers Attorney
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Markers are considered to be a check that a player signs to a casino. The casino agrees not to cash the check if the player pays back the marker within a short period of time, typically 30 days. Casinos offer casino markers to their players in order to encourage them to gamble. Nevada casino marker law makes it a crime not to pay back these markers within 30 days. Failure to pay casino markers can result in serious criminal consequences.
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If you have an unpaid casino marker, you must take the appropriate steps to get the matter settled. Las Vegas casinos aggressively pursue individuals who default on casino markers to the fullest extent of the law. The casinos typically make several attempts to get you to pay the marker back, however if they do not get the marker paid off, Nevada law allows the District Attorney to pursue charges of theft, fraud, and failure to pay a marker against a player. Get an experienced Las Vegas defense lawyer to help you with your unpaid marker criminal case.
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At the Law Office of Joseph Gersten, we understand how easy it is to get carried away with casino markers. Most people do not intend to defraud the casinos. They just want to have fun gambling and ended up over their heads. If you get an experienced casino marker attorney to assist you, the matter can be effectively resolved so that it does not negatively impact your life for years to come.
Contact Joseph Gersten for a free consultation about your unpaid marker.
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Nevada Unpaid Marker Information Center
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What Is a Casino Marker?
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Under Nevada law (NRS 205.130), a casino marker is a negotiable instrument used to draw deposited funds. Basically, a check that you write to a casino. The casino agrees not to cash it as long as you agree to pay it back within a period of time. A casino marker is not considered a loan. Even though you have to apply for a line of credit in order to get a marker, the state law considers the debt as if it was a check that bounced. A marker is connected to a bank account or similar collateral so that the casino can take out the funds from that source if the you don't not pay the marker. Under Nevada law, failure to pay the marker back in a timely fashion presumes the player had the intent to defraud the casino.
What If I Don’t Pay a Casino Marker?
Generally, casinos attempt to collect the debt themselves before turning to law enforcement. And, because a casino marker works like a check, an individual will usually list their bank account number on the line of credit application for the casino marker as an asset.
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First, casinos try to collect the money from the bank account by cashing the casino marker.
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If there are insufficient funds, the casino will attempt to contact you about the debt. Under Nevada law, the casino must send you a certified letter informing you of the debt and give you ten (10) days to respond.
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If the casino can't reach you, they will usually contact the Clark County District Attorney and make a formal complaint.
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Once there is a criminal complaint, you can no longer pay the casino the debt directly. You must deal with the District Attorney's Office.
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Next, the District Attorney will send you another certified letter and give you ten (10) days to respond and pay the original marker along with additional costs and fees that the state will add on for processing the complaint.
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If do not respond, a warrant will be put out for your arrest.
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If after a warrant is issued, you still do not respond, then eventually you will be arrested and you will have to face jail time and pay restitution.
It is very important to note that once criminal charges filed, you can no longer negotiate directly with the casino. You must talk with the District Attorney's Office. And at that point it is critical to have a lawyer representing your interests. Contact an experienced casino marker attorney as soon as possible, as there are many technical legal aspects of a casino marker case.
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An casino marker attorney will deal with the Bad Check Chief Deputy District Attorney and know how to protect your interest. This becomes extremely critical when you are in custody waiting to be extradited from another state into Las Vegas.
What Are the Penalties for Unpaid Markers?
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There are several criminal penalties that result if you don't pay a casino marker . Listed below are a few:
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Warrant for your arrest
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Felony Charges
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Incarceration
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Fines and Court Costs
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Restitution to the casino
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Lengthy probationary periods
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Ruined credit
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If the casino marker is greater than $250, the individual will be charged with a category D felony. The penalties for a Category D felony are a fine from $250 to $5,000, for each unpaid marker. And anywhere from one (1) to four (4) years in prison for each unpaid marker. You might have to pay additional restitution and fees. And you will still have to deal with attendant penalities that come with a felony conviction such as the loss of voting rights, among other things.
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As well, once a case is sent to the District Attorney, bankruptcy will not discharge the criminal complaint. The District Attorney can file several charges for each casino marker that has not been paid back to the casino. Typically, in a casino marker case, the District Attorney will file fraud and/or theft charges associated with the bad debt.
How Can a Las Vegas Attorney Help With Unpaid Markers?
First, having an attorney that is experienced in unpaid marker cases is extremely beneficial when negotiating repayment plans with the casino themselves and avoiding criminal charges. If criminal charges have been filed, a Las Vegas lawyer can also help clients in reducing the severity of these charges.
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Usually, warrants are issued for unpaid markers without your knowledge. As a result, when you come into contact with law enforcement they will see that you have a warrant and they can arrest you right then and there. Many persons who might have been on vacation out of the country, fly back into the United States and go through immigration and customs and are arrested in the airport. You can also be pulled over for traffic violations and the police arrest will arrest you right there because of an outstanding warrant.
Once arrested, the District Attorney will start the extradition process. Extradition is a long and painful process that can see you 30 days in custody before you even get to Las Vegas. Many times an experienced attorney can stop the extradition process and get you released without ever being transferred to the Clark County Detention Center.
A criminal defense lawyer that has experience in handling bad checks or casino markers oftentimes is able to get your case dismissed in return for payment of the casino marker for pennies on the dollar.
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Obviiously, every case is different with its own set of facts, but having a lawyer that knows how to fight for you, both to protect your freedom and your money, is critical to getting a positive result.
What Are Some Defenses to Unpaid Casino Marker Cases?
First time offenders with no criminal history, prosecutors are usually willing to negotiate a payment plan and to dismiss the case without jail time once restitution has been made.
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If the District Attorney wants to prosecute the case, there are two main defenses available:
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No Intent to Defraud
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If your attorney can demonstrate that you intended to pay the marker, then no crime was committed. Be warned, Nevada law states that it is presumed you intended to defraud when you did not pay back the marker in a timely manner. Although there is a presumption that there was an intention to defraud, an experienced lawyer may be able to figure out ways of rebutting the presumption of intent. Some possibilities include having a history of paying off all your markers, or you had paying off some markers at the time of obtaining new markers, or having had the appropriate funds in the bank at the time of obtaining the marker. These are potential defenses to the State’s allegation of your intent to defraud.
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Invalid Marker
Although rare, it is possible that the casino gave you an invalid marker. There are a number of rules that markers must meet in order to be valid. The same rules that apply to a valid check also apply to a casino marker. Some examples of invalid markers include:
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No signature
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No date
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The name of the casino is not listed as the payee
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The marker is a forgery
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The marker was post dated
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Again, depending on the facts of your case, a Las Vegas casino marker attorney can develop a strategy to to dispute the intent or validity of the unpaid marker.
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Be aware, if the criminal charges are dropped, casinos can still sue you in civil court to try and collect on the unpaid markers.
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Finding the Best Las Vegas Casino Markers Attorney
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If you have been charged with a crime due to casino debt, contact the Law Office of Joseph Gersten. We can help you build a defense to fight the charges, or Joseph Gersten can negotiate a settlement with the district attorney office. Joseph Gersten is a local Las Vegas criminal defense lawyer committed to helping his clients resolve their cases. Contact Joseph Gersten on (702) 857-8777 for a free case evaluation.
