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.
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.
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.
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.
In Nevada, having a check dishonored by the bank can result in both criminal charges and civil penalties. The penalties are statutory and can be found in chapter 205 of (i)Crimes Against Property(i), N.R.S. 205.132 – “Issuance of check or draft without sufficient money or credit: Presumptions of intent to defraud and knowledge of insufficiency; malice in causing prosecution”, as well as N.R.S. 205.134 – “Issuance of check or draft without sufficient money or credit: Posting notices.” Morton Law Group offers bad check defense so you can avoid facing these penalties. Dishonored check representation provides you with the peace of mind you need to ensure your rights are protected despite the severity of the charge.
The following may apply to a party who wrote a dishonored check. The drawer pays the holder of the check the full amount due, plus any handling charges, if within five days after receiving notice that the check was unpaid.
Civil Penalties: Amount due, protest fees, triple amount of check but no less than $100.00 and no more than $500.00.
Criminal Penalties: The issuance of a check without sufficient money or with intent to defraud is punishable by imprisonment in the county jail for no more than six months, or by a fine of no more than $1,000.00, or by both fine and imprisonment, and the issuance of such a check or draft in an amount of $250.00 or more or by a person who previously has been convicted three times of this or a similar offense is punishable as a category D felony, as provided in Nevada State Statute Chapter 193 – N.R.S. 193.130.
White-collar crime is a term used to describe fraud cases where there is no accusation of violence. It can include mortgage, bank, or Internet or wire fraud. Most often these cases are charged in federal court, but sometimes the state attorney general can also charge in state court. Either way, you need the knowledge and experience of an attorney like Morton Law Group to build a winning defense to these accusations. Many times in business deals, one party may accuse another of fraud, merely because the deal turned out to be a bust. Don’t let false allegations of fraud follow you around for the rest of your life. Turn to Morton Law Group to resolve your case in a quick and efficient manner.
Contact us when you run into trouble due to unpaid casino markers or bad checks. We serve individuals throughout Las Vegas, Nevada.