Legal Question in Criminal Law in California

My wife and I were at an Indian Casino and the ATMchange machine was loaded incorrectly by the casino and gave $20's instead of $1's. Well $4000 later (most dumped back in casino the sheriff came by and said if we pay back the full amount to the casino in 2 weeks the DA probably wont file charges. If they take a payment from us toward the balance is it true it becomes a civil issue? The machine are owned by the casino not a bank. We left with maybe $500 And I wasn't going to break the law until they flaunted it at me after taking my money. Figures the only machine that pays out it an atm. Are their any Indian reservation laws which may work in our favor? What are the possible charges we're facing as I cannot pay them back? This happened Thunder Valley Casino in Lincoln CA)

Thanx


Asked on 10/03/09, 1:43 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

You are not entitled to take advantage of their mistake. You knew you had obtained money that didn't belong to you, and chose to keep it The fact that you lost the money back to the casino is not a defense; otherwise, people could write bad checks to the casino, gamble, and never have to make good on the checks.

I don't know where the sheriff got the figure of double the amount. There is a chance this case could be resolved civilly, but it isn't a do-it-yourself project like a leaky faucet that you can handle yourself with a little bit of advice over the Internet.

Under decades-old treaties, California criminal laws can be enforced against crimes committed on Indian lands. The tribes may have their own criminal laws, but those can only be applied to tribal members.

You should contact a good criminal defense attorney in your area. In the meantime, don't make any statements to anyone about this case.

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Answered on 10/03/09, 3:04 pm


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