Legal Question in Criminal Law in Virginia

Re: Playing Poker illegal in Va for Money

Yes, gambling is illegal in Virginia. There may be issues involoving the police's entry into the house, as well as evidence that money was exchanging hands. This is punishable as a class 3 misdemeanor which involves no jail time, but only a fine. However, a conviction would remain on your record.

Re: Playing Poker illegal in Va for Money

There are, apparently, enough potential problems with respect to the way you were charged with this offense, that it would(in my view) be worth at least discussing with a criminal defense counsel as there's no point in having a conviction for a criminal misdemeanor(even if it's a class 3) on your record if you can avoid it.

(You're fortunate that the officers were not accompanied by the local SWAT team as occurred in

Fairfax County some months back when officers attempting to serve a warrant involving alleged illegal gambling ended up "accidentally" killing the unarmed suspect. No criminal charges to be filed, according to Commonwealth's Attorney Horan.)

Re: Playing Poker illegal in Va for Money

Jeez, do the police there have nothing better to do? Did they run out of donuts at Krispy Kreme? The prosecution must prove there was money changing hands (as well as probable cause to enter the home/get a search warrant). Your defense is the legal equivalent of a poker bluff, since if one of the other players turns state's evidence and offers to testify that there was money changing hands, you might have to fold (change your plea to guilty). A conviction on your record might affect your employment prospects, so it might be worth it to hire a lawyer -- preferably one who plays poker with the judge.