Writing bad checks in Nevada can result in both criminal and civil penalties, and casinos can treat unpaid casino markers as bad checks and turn them over to the State Attorney’s Office for prosecution.
Morton Law Group in Las Vegas, Nevada, protects your interests and helps you reach the best possible resolution. He is an expert in financial crimes and offers legal advice that could help save you a fortune.
What are Casino Markers and How Do They Work?
Nevada law defines a casino marker as a negotiable instrument used to draw deposited funds. The casino and Nevada law consider it a check and works for both the player and the casino, as long as you pay it back within a certain period of time. Under Nevada law, a casino marker is not considered a loan. Even though an individual has to apply for a line of credit in order to get a marker, Nevada law considers the debt to be the same as a check that bounced. A valid marker is connected to a bank account or other financial account so that the casino can draw out funds from that source if the individual does not pay the marker directly to the casino in some other manner. Nevada law presumes that the player had the intent to defraud the casino if the marker is not paid, or if there are insufficient funds when the casino presents the marker to a bank.
In Nevada, a casino may treat an unpaid casino marker as a “bad check” and turn it over to the district attorney’s office for prosecution. The theory is that if a marker (which oftentimes looks like a counter check) is dishonored or returned by the bank, the player is presumed to have intended fraud on the casino. Because of this law, defaulting on a casino marker debt may result in possible incarceration, a felony criminal record, fines, and court costs, in addition to the face value of the marker itself, a lengthy probation period, and ruined credit. These allegations, however, are defensible.
What Happens if I Don’t Pay My Casino Marker?
Typically, casinos attempt to collect the debt themselves before turning to law enforcement. Since a casino marker works like a check, an individual will put their bank account number on the line of credit application for the casino marker as an asset.
The casino first tries to collect the money from the bank account by cashing the casino marker. If the bank account has insufficient funds, then the casino will attempt to contact you about the debt. According to Nevada law, the casino must send you a certified letter informing you about the debt and give you 10 days in which to respond. If the casino fails to reach you, they will usually turn to the district attorney and make a formal complaint.
Once the casino requests a criminal complaint, you can no longer pay the casino the debt directly. You must deal with the district attorney’s office to resolve the matter. The district attorney will send you another certified letter and give you 10 days to respond and pay the original marker, along with additional costs and fees that the state will add on to process the complaint. If you still do not respond, a warrant will be put out for your arrest. If you do not respond after a warrant for your arrest, then eventually you will be arrested and have to face jail time and pay restitution.
How Can an Attorney Help With Casino Markers?
It is important to note that once there are criminal charges filed, you can no longer negotiate directly with the casino. You must speak 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, because there are many technical, legal aspects associated with a casino marker case. An experienced casino marker attorney deals with the Bad Check Chief Deputy District Attorney on a regular basis, and knows how to protect your best interests. This becomes even more critical when you are being held in custody waiting to be extradited from another state into Las Vegas. Morton Law Group has been successful in preventing the district attorney from extraditing a client in Las Vegas and either dropping the charges or recalling the arrest warrant.
Strong Representation For Your Casino Marker Case
Are you being charged for not paying a casino marker? Turn to Morton Law Group to resolve your case quickly and efficiently.
Contact us when you run into trouble due to unpaid casino markers or bad checks. We serve individuals throughout Las Vegas, Nevada.