Legal Question in Criminal Law in California

the casino kicked me out and keep my winnings

I was at a calif. casino that baned me for life 3 years ago. a few months after the ban i keep getting mail from the casino giving me free play and asking me back. i didnt return to that casino tell yesterday there bus picked me up in my town and took me to there casino after about 6 hours of playing i was confronted by 3 men that asked me my name, i told them and one of them told me to leave my winning tickets on the chair and told me i was under arrest for criminal trespass.he hand cuffed me and took me to the parking lot.then he went through my pockets and patted me down.i just keep my mouth shut and waited for the real police to show up.about 35 mins later an officer showed up ran my name than gave me a notice to appear uncuffed me and told me i was free to leave.well that was was a 25 mile walk home.my ? is did that casino undercover security gaurd have the right to hand cuff me, steal my winnings,hold me against my will, and go though my pockets and feel me up.i would of just left if they told me the ban was still in affect.I was wondering if anyone would be able to help me? the charge that the officer gave me is 602.1 penal code trespass.why wasent i taken to the tribal courts? thanks for any info you may give


Asked on 6/19/09, 9:52 am

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: the casino kicked me out and keep my winnings

While I don't live near you, yes, the fact that you were invited back; and other things; suggests you may have a good lawsuit. The applicable law is discussed in the excellent book "Beat The Players" by Las Vegas attorney Bob Nersesian who often handles that type of case, maybe he can refer you to someone in your area.

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Answered on 6/19/09, 10:53 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: the casino kicked me out and keep my winnings

P.S. Call me

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Answered on 6/19/09, 11:02 am
Terry A. Nelson Nelson & Lawless

Re: the casino kicked me out and keep my winnings

Help you? Sure. You need a criminal defense attorney to represent and defend you in these charges. If serious about doing so, feel free to contact me. You may have defenses based upon the facts and circumstances you allege. We'll have to review the terms of the 'ban' you were under, and the paperwork you relied upon. You weren't taken to tribal court because you're not a tribe member, I assume.

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Answered on 6/19/09, 1:16 pm
Brian McGinity McGinity Law Office

Re: the casino kicked me out and keep my winnings

Your question almost reads like a law school hypothetical. You have more than a few issues to consider. First, 602.1 is intentional interference with business establishment. Next, the officer did what is known as a "cite and release." So you were cited for interfering with the business establishment and you will have to face that argument soon. I suggest you hire a good criminal defense attorney to fight the charge as it may end up assisting you with your civil lawsuit against the Casino. If you are successful in fighting the charges against you and your attorney can convince the court you were invited back to the facility then half the battle for the civil lawsuit is done.

Now let move to the interesting part, when the Casino sent you invitations and offers enticing you to visit them again did they revoke their ban? I believe you have a good argument that they may have indeed revoked the ban and that it was reasonable for you to believe you were no longer banned from the facility and in fact had actually been invited back to it.

If the ban was revoked than I also believe you have a very good civil lawsuit against the Casino for their actions, the property taken and your being held against your will.

I strongly urge you to talk with an attorney as soon as possible. Even if you are not successful in fighting the criminal charge the issues of your reasonable belief you had been invited back to the Casino is still very viable for a civil law suit.

Good Luck

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Answered on 6/19/09, 5:50 pm


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