A casino marker is basically a note that someone signs with a casino. In reality, often people sign these notes without reading the fine print. Often, they don’t realize that they’re actually signing a promise to pay very much like a check. -Many people are surprised to find out that not only can one be held civilly liable for a casino marker, with a casino choosing to sue you to recover the monies they believe they are owed.
But there are also criminal penalties for casino marker, as well. -The cases are typically handled by the bad check units of the district attorney’s offices. And it’s treated in essence as if you knowingly entered into an agreement to pay monies back and you did not have the intent to do so. Most often, when we negotiate these cases, the resolution involves simply paying the money back. Sometimes the amounts are very large though. And sometimes it’s not possible to pay all of the money back.
The penalties could include jail time and in some circumstances could also include prison time. -Defrauding on a casino marker is punishable as a Category D Felony which can carry out $5,000 fine, or a penalty of one to four years of potential imprisonment in the Nevada Department of Corrections. -The earlier we get involved, the more effective we can be. So if you’re just now starting to get letters from the casino, demanding money, demanding payment of the casino marker, call us right away. The longer you wait, typically, the more seriously a case becomes. -Unfortunately, the state of Nevada will extradite you.
And you may not be entitled to bail in your home state. So you could actually sit in custody in your home state for 60 to 90 days before Nevada comes to get you. And that’s really the most difficult part.
Because it may be that once we get you here, we can resolve the case with no jail time. But the time waiting for extradition can be crucial. -However, there is often ample warning that this process might take place. It normally starts by the casino sending you a letter, stating that your check was returned for non-sufficient funds and you have 10 days to redeem that marker, or make good on what they believe is owed to them.
That’s the time when you want to contact us, so we can try to work out a resolution that won’t involve an arrest warrant being issued. -We’ll get in touch with the district attorney’s office. We’ll file a motion with the courts to initiate your appearance in court so that an arrest is not required. Or at worst, you may have to fly to Nevada so we can get you booked and released.
But you won’t face the burden of being taken into custody in your home state. And having to wait 60 to 90 days for extradition. First and foremost, we want to see if it’s a valid debt. Was there money in the account at the time the marker was signed? Was there money in the account at the time the casino tried to cash the marker?
How much time transpired between the time the initial note was signed and the time the marker was submitted for collection? These are all crucial questions for consideration as to whether or not the marker is a valid, collectible marker. If we determine that it is a valid, collectible marker, then we want to determine whether our client has the means to pay the marker back. We can often negotiate extended terms over a period of several years