In cases for unpaid casino markers, Nevada law presumes “intent to defraud.” A crime in Nevada under NRS 205.130is failing to pay back casino markers. Because courts automatically presume, they had an “intent to defraud,” it is very difficult for defendants to win casino marker cases. Lines of credit that casinos extend to patrons to gamble with are what casino markers are. Patrons usually have 30 days to pay back the markers in Nevada. The casino will try to redeem the marker through the patron’s bank account on file if the deadline passes. The casino will send a certified letter to the patron giving him/her 10 days to pay if the patron’s bank account has insufficient funds. The casino files a bad check complaint with the district attorney in the event the deadline passes. Today, we at Kajioka & Associates, Attorneys at Law would like to list a few power points you should know about casino markers in Nevada.
What Happens if You Don’t Pay a Casino Marker?
In Nevada, most casino marker crimes are felonies. To not pay back a casino marker of $1,200 or higher makes it a Nevada law makes it a category D felony and penalties include:
– Administrative Fees
– 1 – 4 years in Nevada State Prison,
– $5,000 in Fines, at the judge’s discretion
Being a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines is when the marker is for less than $1,200, not paying.
For each unpaid marker, it is important to note that defendants face a separate criminal charge. If the defendant repays the outstanding balance, the district attorney will dismiss casino marker charges in general. The D.A. will let defendants pay off the whole debt through a monthly payment plan in some cases. To reduce the amount owed as part of a plea bargain, it is very rare for the D.A., however.
What Happens if You Owe a Casino Money?
For unpaid markers, casinos can also sue defendants. Nevada casinos do not bring lawsuits against people who failed to pay back markers in most cases. They will usually allow the county prosecutor to act as their debt collector. While a Nevada criminal case is open, casino marker debt cannot be discharged in bankruptcy. A casino marker debt cannot be discharged through bankruptcy proceedings in Nevada, unless:
– The dismissal of criminal charges
– The case is never prosecuted by the district attorney never
Filing for bankruptcy will not make a Nevada casino marker criminal case go away, in short. The debt may be dischargeable in bankruptcy if the trustee approves for non-Nevada casino markers
Can Out of State Defendants Be Extradited to Nevada for Casino Marker Crime?
They usually have to appear in person at the felony arraignment whether or not they hire a local attorney when out-of-state residents get charged in Nevada for unpaid casino markers. The court will issue a bench warrant when defendants fail to appear at their required court date. It is likely that Nevada police will try to extradite the defendant from his/her home state if the charge is a felony, as most casino marker cases are.
How do you get a charge Sealed?
After a waiting period, people convicted of unpaid casino markers in Nevada can petition the court for a record seal. The wait is five years after the case closes if the charge was for a felony. The wait is one year after the case closes if the charge was for a misdemeanor. There is no wait to petition for a record seal if the charge gets dismissed.