Defense Attorney for Unpaid Casino Markers in Las Vegas

People not familiar with Nevada laws might be surprised to learn that unpaid casino markers, also known as gambling debt, is both a criminal and civil offense. The state can charge you for unpaid markers and casinos can sue you and threaten you with prison time. Casino markers are checks that a player can sign to a casino in Las Vegas. Typically, casinos give 30 days to pay back the casino markers and they will not cash the check. Usually, the casinos offer these markers to players to encourage gambling. The information below explains the unpaid markers law and can help you if you are charged for theft, fraud, and failure to pay the marker against a player. Learn in this article the unpaid markers law in Las Vegas, including the penalties, the defenses you can do, sealing your criminal records, and more.

Nevada Revised Statute Section 205.130: Definition of a Casino Marker

As an incentive to patron gamblers, the casinos in Nevada give casino markers that have zero interest loans that are treated like checks. Usually, patrons are expected to redeem them within 30 days. The casino will notify a patron for the outstanding debt if the markers are not paid on time. If the payment is still not made after the notification, the state would prosecute and issue an arrest warrant.

How Can the Law Enforcers Arrest You for Unpaid Markers?

The District Attorney and the casino are required to take the necessary steps to redeem the marker themselves before the state of Nevada charges you for the unpaid casino markers. Borrowers are notified for the outstanding debt, and is given a chance to settle the debt before criminally charged.
  •  Drawn on Bank Account
If you have not paid the marker within 30 days, the casino may go directly to your bank and take the money from your account. The casino notifies you about your debt if your account shows insufficient funds (NSF).
  • Notice From the Casino’s  for Bad Checks
You should receive a written notice by certified mail from the casino that you have 10 days from the time of mailing to settle your unpaid markers.
  • Complaint for Bad Checks
The casino will submit a bad check complaint and request the District Attorney to prosecute you if within the 10-day period the unpaid markers are still not settled. AS soon as the casino submits the complaint, you may no longer pay any outstanding debt to the casino directly. From here, the District Attorney stands as the middleman and tacks on 5-10% of what you owe as “collection fees”
  • Notice of District Attorney’s Bad Checks
Once the District Attorney decides to prosecute you for the unpaid casino markers, the state of Nevada will send another notice by certified mail giving you another 10 days from the date of the mailing of the letter to pay any of the outstanding debt you owed to the casino plus the District Attorney’s collection fees. After 10 days and the unpaid markers are still not settled, an arrest warrant will be issued in Nevada.
  • Arrest Warrant for Unpaid Markers
The District Attorney will ask a judge to issue a warrant for your arrest. However, the execution of the warrant depends if you are an in-state resident or not.
  • Arrest warrant procedures for In-state residents
For Nevada resident, the District Attorney will mail the summons and notify you of the warrant with the instruction to appear in the appropriate court on the specified date. Missing a court appearance may result in police arrest. The judge may order you to be incarcerated temporarily in a Las Vegas jail even if you do make it to your court date.  It is possible to post bail, in the amount of the alleged unpaid markers. However, getting an experienced Las Vegas criminal defense lawyer may help persuade the judge to waive the bail altogether and instead allow you to be profiled at a sheriff’s station, which is less unpleasant than spending time in jail.
  • Arrest warrant procedures for out-of-state residents
If an arrest warrant is issued in Nevada for casino marker-related charges and you are out-of-state, or considered a fugitive, law enforcers in other states will execute the warrant in order to extradite you back to Nevada. However, extradition cases are handled differently by each state. Getting legal counsel for your unpaid marker case prior to you being arrested in another state can help keep you out of custody.

Penalties for Unpaid Markers

There are cases when the judge orders very harsh prison sentences for defaulting casino markers. However, District Attorneys are often agreeable in negotiating favorable deals and at times, dismissing the charges – especially if it is your first offense.

Misdemeanor Charges:

If the unpaid markers in question were less than $250
  • Possible maximum 6 months in jail
  • $10,000 fines

Category D Felony:

Unpaid markers cost more than $250.
  • Mandatory 1 to 4 years in Nevada State Prison
  • $5,000 optional fine
  • Mandatory full restitution of the unpaid markers debt
  • Mandatory payment for administrative fees. 5% of each marker of $10,000 or less, and an extra 10% for each marker of more than $10,000.

Plea Bargain for Unpaid Markers

Prosecutors are willing to resolve most unpaid marker cases since this allegation are non-violent offenses and don’t justify being imprisoned. Being incarcerated would not allow the defendant to pay the restitution.

For 1st Time Offenders

If you have never been convicted of unpaid casino markers before and cooperated with the authorities, the prosecution may allow the set-up of monthly payment plans.

Alleged serial check-writers or Fugitives

Prosecutors may be less willing to dismiss your case outright even if you pay everything back if you purposely fled Las Vegas or have a present criminal record,. Oftentimes, the prosecutors will request probation for the time being and bar you from entering any casinos in Nevada.

Civil Confessions of Judgment

Pleading guilty to a gross misdemeanor in Las Vegas in exchange of signing a civil confession of judgment is another option. You will admit that you owe the casino some money and in this way, the casino will pursue the case through civil court. The common ways to defend yourself against unpaid marker charges in Las Vegas is to contend that you had no intent to defraud, and to challenge the marker’s facial value.

No Intent to defraud

Las Vegas court may not convict you of unpaid markers if you did not have the intent to defraud. However, the state law in Nevada presumes that you had intent to defraud if your bank had insufficient funds when the casino tried to redeem your allegedly unpaid markers. The following circumstances can help your argument that you did not intend to pass a bad check:
  • The casino intoxicated you with alcohol and compromising your judgment;
  • You fell ill after having taken out the unpaid markers;
  • You had a long and harmonious history of reimbursing casino markers.

Challenging the casino marker’s facial value

Casinos sometimes issue markers that do not qualify as checks under the state law of Nevada. In this case, the District Attorney may not prosecute you for neglecting to settle them. The DA cannot prosecute the following types of markers:
  • Casino markers that have been altered or looked forged;
  • Casino markers that do not show the casino (payee), the amount of money, the date, or your signature;
  • Casino markers where your identities or the casino cannot be determined;
  • Casino markers that are predated, post-dated, or when an agreement was made to hold the check for later payment;
  • If the casino did not suffer any monetary injury, or the casino markers are for pre-existing debt.
Hiring a good Las Vegas defense attorney who can show if your unpaid markers fall outside the bad check laws, the District Attorney should dismiss the case. The casino, however, may sue you civilly. You can explore bankruptcy option and not worry about being sent to prison.

Defense Attorney for Unpaid Markers

Las Vegas Unpaid Marker Defense Attorney Ross Goodman has a vast experience in unpaid casino marker charges and other bad check cases and can help to keep you out of jail and your criminal record clean. Ross Goodman is devoted to negotiating with prosecutors in orders to resolve your criminal charges. Whether you are falsely accused or are just going through a tough time financially, Ross Goodman will draw on his extensive experience to try and win you a reduction or dismissal in your casino marker case. Call Ross Goodman for a free legal consultation.