Gambling In West Palm Beach Florida

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Most of us have images of scenes in movies or TV shows where there are many nicely dressed people all around some gambling tables. Everyone is enjoying themselves until there is a knock at the secret front door. The bouncer looks through the peep hole and says back to everyone, “It’s the cops! Scram!” The people run and the police rush in through the front door and start arresting everyone. Can this happen in Florida or is this just only on TV?

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According to Florida Statute 849.01, it is illegal to keep or maintain a gambling house. This includes a game table or room, tent, booth, or any other place that could be used for gambling. Not only is it illegal to control a gambling house, it is also illegal to permit any person to gamble in a place over which you have control. As stated by Florida Statute 849.08, gambling means playing a game of chance for money or anything of value. The game itself does not have to be illegal; the act of gambling or betting on the game, regardless of what type of game, is what constitutes the crime.

What the State has to Prove for You to be ConvictedFlorida

For you to be convicted of the crime, the state must show:

  1. You were in person or remotely by someone else (servant/ agent); and
  2. The location continually was kept or maintained for the purpose of gambling.

The state prosecutor does not have to prove that you profited from the gambling house or that you participated in the gambling. The prosecutor does not even have to prove anyone was gambling but that certain things that are associated with gambling were found there in such a way that would prove that gambling was taking place. (Police showing up at a building and finding a pool table, a card table with chips and cards on it, a blackjack table, and some ledgers of a “bookie.”). Frequently an undercover agent or confidential informant gathers the information to show that gambling is occurring.

WestGambling In West Palm Beach Florida

West Palm Beach Florida Map

Charges of keeping gambling houses or permitting gambling can be defended. An West Palm Beach Illegal Gambling House Lawyer at the Law Office of Roger P. Foley, P.A. can explain that a single instance of betting or gambling cannot be sufficient, pursuant to Florida law, to constitute the crime. If you were arrested in a scenario where the bet was an isolated instance and not a frequent occurrence, it is possible that you could have a strong defense. An West Palm Beach Illegal Gambling House Lawyer at our office can evaluate your specific case, advise you as to any possible defenses to the charge of keeping a gambling house, and help you determine how to proceed in your criminal case.

Punishment for Maintaining a Gambling House

If you have been charged with keeping a gambling house, you could be facing a third-degree felony which could potentially lead to a 5 year prison sentence and a $5,000 fine or even worse if you are a repeat criminal.

Contact the Law Office of Roger P. Foley, P.A.

If you are facing the charge of keeping a gambling house, contact an attorney at our firm who can help you determine the best possible defense. These case are more common than people know and we will work to prove your innocence.

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Did you know it could be illegal to gamble at your home? You might be shocked especially since there are casinos around South Florida and there is the Florida Lottery. Those casinos are actually on Indian Territory and the Florida Lottery is an exception. Well, what about Bingo? Bingo is prohibited except for certain non-profit organizations. See F.Y.I. Adventures v. State.

We have all seen on TV or in the movies a bunch of guys sitting around a table playing poker for fun. If the poker playing does not fall into the penny- ante exception under Florida Statute 849.085,the poker players having a little fun will have big trouble if they are caught. To fall into the exception, the game can be poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg, the winnings of any player in a single round, hand, or game cannot exceed $10 in value, the game must be inside a dwelling, no admission can be charged, no one can get commission, no advertising can be done, and the game cannot be with anyone under 18 years of age. Florida Statute 849.08 prohibits playing card games, anywhere, by any device, for money or something of value, unless it falls into the exception in Florida Statute 849.085. Florida Statutes Chapter 849 has many sections that deal with gambling in Florida.

What the State Prosecutor has to Prove to Convict a Defendant of Gambling

West Palm Beach Florida News

The state prosecutor has to prove beyond a reasonable doubt:

  1. The defendant played or engaged in a game of chance;
  2. The defendant risked money or property on the outcome of the game; and
  3. The defendant expected to gain or lose money or property as a result of the game.

It is not necessary that the defendant actually bet his own money or property. He could have been a “hired gun” for the real owner of the property.

Defenses

The facts of the situation will determine what types of defenses are used. If the gambling was being done inside the house, did the police have a warrant or warrant exception to search the house? How did the police officer know you were gambling with money and not with poker chips, potato chips, or pennies? Our Palm Beach Gardens Gambling Attorneys will be looking at the facts to find out if the police officer had probable cause to charge you with gambling that does not fall within the 849.085 exception.

Casinos in west palm beach florida

Since this is a misdemeanor, the police officer is going to have to witness you committing the crime. Did the officer properly witness the crime? Was it dark? Did the officer clearly hear what was going on?

The facts and questions can go on and on. Our law firm will take depositions of anyone involved to see if the police really did witness this crime or if the officer did not clearly witness the situation and wrongfully arrested you.

Punishment West

This crime is a second-degree misdemeanor which is punishable up to 60 days in jail and a $500 fine.

Contact the Law Office of Roger P. Foley, P.A.

If you or a loved one have been arrested and charged with this crime, call today to schedule a free 15 minute case strategy with one of our Palm Beach Gardens Gambling Attorneys. Our attorneys want to discuss the case with you so we can take the information you give us and craft a defense strategy. After reviewing the evidence, we will present to you your options: we can take the case to trial, negotiate a plea deal, or negotiate that the case be not filed or dropped. Call today so we can get to work helping you.

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