Las Vegas is known for its vibrant gambling scene. Visitors come from around the world to experience the thrill of placing a bet and potentially walking away with big winnings. However, gambling in Las Vegas comes with strict regulations, and breaking these laws can lead to severe consequences. One such offense is past posting.
Past posting is a form of cheating in gambling, and it’s something casinos take very seriously. If you’ve been charged with past posting in Las Vegas or are curious about how it works, this guide will break down everything you need to know. We’ll explore what it means, the penalties involved, and how to defend yourself if accused.
Let’s dive into the details.
What is Past Posting?
Detailed Explanation of Past Posting
Past posting is a type of cheating that occurs when someone places a bet after an event has already started or after they’ve gained an advantage by knowing the outcome. It’s placing a bet after the cut-off time when it should no longer be allowed.
This tactic often happens quickly and can be subtle, so it’s sometimes difficult to detect. However, casinos in Las Vegas have strict surveillance and security teams that watch for it.
How Does Past Posting Occur in Casinos and Sports Betting?
In casinos, past posting can occur during card games, dice games, or any event where timing is vital. For example:
- At a roulette table, a player might place chips on a winning number after the ball has already landed.
- In sports betting, someone could place a bet just after a game-changing play, like a touchdown, when the odds have not yet been updated.
Common Examples of Past Posting in Las Vegas
Here are a few scenarios that might help you picture how past posting happens:
- Card games: A player adds or changes a bet after seeing a dealer’s card but before the dealer notices.
- Slot machines: After a jackpot, a player claims they had inserted more money or placed a higher bet than they did.
- Sports betting: A bettor submits a bet ticket after a critical moment in a game, like a goal being scored, when they already know the impact it will have.
Why Past Posting is Illegal Under Nevada Law
Nevada has some of the strictest gambling laws in the United States. Past posting is considered cheating because it gives a player an unfair advantage, violating the core principles of fair gambling.
If people were allowed to place bets after knowing key outcomes, casinos would lose massive amounts of money, and the integrity of the games would be destroyed. As a result, past posting is illegal and comes with severe penalties for those caught.
Nevada Laws Regarding Past Posting
Overview of Nevada’s Gambling Laws
Nevada has unambiguous laws that govern gambling activities. Under NRS 465.070, the law explicitly prohibits cheating in gambling. Past postings fall under this category as they are considered fraud or cheating.
Definition of Cheating Under Nevada Law
Nevada law defines cheating as manipulating the outcome of a game or placing a bet in a way that gives a player an unfair advantage. It’s not just about placing bets; it’s about when and how you place them.
How Past Posting Fits Into the Definition of Cheating
Past posting fits this definition because it allows people to gain an edge they shouldn’t have, whether it’s after the roulette wheel has stopped or after a sports play has occurred; the timing of the bet is what turns it into cheating.
The Difference Between Cheating and Mistakes in Gambling
It’s important to note the difference between cheating and simple mistakes. Sometimes, a player may unintentionally place a bet at the wrong time or miscommunicate with a dealer. This might not always be considered past posting, especially if it’s clear the player had no intent to cheat. Casinos often use surveillance footage to determine whether an action was an honest mistake or intentional cheating.
Legal Consequences of Past Posting
The consequences can be severe if caught past posting in Las Vegas. The law takes past posting seriously, whether it’s your first offense or you’ve done it multiple times.
Misdemeanor vs Felony Charges
- Misdemeanor: A first-time offense of past posting might be considered a misdemeanor. However, even a misdemeanor can result in fines, community service, or short jail time.
- Felony: In more severe cases, or for repeat offenders, past posting can be charged as a felony. A felony conviction can lead to significant fines and extended jail time, depending on the amount of money involved in the cheating and the severity of the crime.
Penalties and Consequences of Past Posting Charges
Criminal Penalties for Past Posting in Las Vegas
If convicted of past posting, you may face one or more of the following penalties:
- Fines: These can range from a few hundred dollars to several thousand, depending on the severity of the cheating incident.
- Jail time: First-time offenders could face up to six months in jail for misdemeanor past posting. For felonies, jail time can extend up to several years.
- Probation: In some cases, courts may offer probation instead of jail time. However, this often comes with conditions, like regular check-ins with a probation officer and avoiding casinos.
Impact of Past Posting Charges on Employment and Gaming Licenses
- Employment: A criminal conviction can make finding or keeping a job difficult, especially in industries requiring background checks. Jobs in banking, law enforcement, and other trust-based roles may be off-limits if you have a criminal record.
- Gaming Licenses: If you work in the gambling industry, a past posting conviction can lead to losing your gaming license, effectively ending your career in the casino world.
How a Conviction for Past Posting Can Affect Your Future
Beyond the immediate penalties, a conviction for past posting can have long-lasting effects on your life.
Impact on Professional Licenses
Depending on your profession, a criminal record could jeopardize your professional license. Fields like law, medicine, and finance often have strict rules regarding criminal convictions.
Effect on Gambling Rights and Casino Bans
Once convicted of past posting, casinos can ban you from entering their premises. Even if you aren’t officially barred, a conviction could lead to being blocked from casinos nationwide. Some gambling platforms may restrict or refuse services to anyone with a history of cheating.
Common Defenses Against Past Posting Charges
Being accused of past posting doesn’t automatically mean you’re guilty. If you’re facing charges, you must know that several defenses might be available. Let’s look at some of the most common defenses used in past posting cases.
Lack of Intent
One of the most critical factors in any cheating accusation is intent. The prosecution needs to prove that you intentionally tried to cheat. You may have a strong defense if you can show that your actions were accidental.
Arguing That the Act Was Accidental
In many cases, past postings happen without someone’s meaning to cheat. Maybe you were distracted, misread the dealer’s signals, or thought you were still within the betting window. You might avoid a conviction if there’s any reasonable doubt that you didn’t intend to cheat.
Proving You Didn’t Act With Malicious Intent
In court, you must show that you weren’t acting maliciously. For instance, if you were confused by the fast pace of a game, that could be a critical point in your defense. Casinos are busy and chaotic environments. Miscommunication between players and dealers happens more often than people think.
Insufficient Evidence
The prosecution must provide solid evidence of your wrongdoing for a past posting conviction. If they lack clear proof, your charges could be dismissed.
Challenging the Prosecution’s Proof
One defense strategy is to question the quality of the evidence. Many past posting accusations rely heavily on surveillance footage. If the footage is unclear or the casino’s procedures were not followed correctly, you could argue that there isn’t enough evidence to convict you.
The Role of Surveillance Footage and Casino Records
Surveillance is critical in casinos, but it’s not always perfect. Poor camera angles or unclear footage could work in your favor. In some cases, casinos fail to maintain proper records of bets and gameplay, which can weaken the prosecution’s case.
Entrapment Defense
Another possible defense is entrapment. This occurs when law enforcement or casino security persuades or encourages you to commit a crime you wouldn’t otherwise commit.
Understanding Entrapment in Gambling-Related Cases
If undercover casino security, working with law enforcement, pushes you into a situation where you commit past posting, you might be able to claim entrapment. This defense argues that you were unfairly tricked into committing the crime.
However, entrapment cases can be tricky. You’ll need to show that you wouldn’t have committed the crime without the undue influence of someone working for the casino or law enforcement.
False Accusations
It’s not uncommon for people to be wrongly accused of past postings. Casino staff are trained to spot cheating, but mistakes can still happen.
Mistaken Identity or Errors by Casino Security
Sometimes, a person is accused of past postings simply because they resemble someone caught cheating. With thousands of people in a busy casino, mistakes are easy to make. Errors in identifying players, especially in dimly lit environments or with poor camera angles, are more common than you might think.
Errors in Interpreting Actions
Casino security might misinterpret your actions as past postings. For example, if you’re slow to place your bet or move your chips after the dealer calls for no more bets, they may think you’re trying to cheat when you’re simply unfamiliar with the rules or distracted.
What to Expect if You Are Charged with Past Posting
Facing a past posting charge can be overwhelming, especially if it’s your first time dealing with a criminal offense. Here’s a breakdown of what you can expect.
Arrest and Booking Process for Past Posting in Las Vegas
If you’re caught posting in a Las Vegas casino, you’ll likely be arrested on the spot. Casino security will detain you and hand you over to law enforcement.
What Happens at the Time of Arrest
Once arrested, you’ll be taken to a holding area in the casino or directly to jail. The police will read you your rights, and you may be questioned about the incident. It’s crucial to remain calm and avoid making statements until you have legal representation.
How Law Enforcement Handles Gambling-Related Offenses
Gambling-related offenses are treated seriously in Las Vegas. The police will file a report, and you’ll either be released on bail or held in custody until your court appearance. Depending on the severity of the charges, you could face a misdemeanor or felony charge.
Court Proceedings for Past Posting Charges
The legal process begins after your arrest. It can be intimidating, but understanding the steps can help you feel more prepared.
Initial Hearings and Arraignment
Your first court appearance will be an arraignment, during which you will enter a plea of guilty or not guilty. If you plead not guilty, the judge will schedule a trial date. Both sides will gather evidence during the pre-trial period, including casino surveillance footage, witness statements, and expert testimony.
Possible Plea Deals and Negotiations with Prosecutors
In some cases, the prosecution may offer you a plea deal. This is where you agree to plead guilty to a lesser charge in exchange for reduced penalties. Before accepting any plea deal, discussing the offer with your attorney is essential to determine if it’s in your best interest.
Importance of Legal Representation in Gambling-Related Cases
When charged with past posting, having an experienced defense attorney by your side is crucial. Gambling-related cases can be complicated, especially in Las Vegas, where the laws are strict.
Why Hiring a Las Vegas Defense Attorney is Crucial
An attorney specializing in gambling laws will understand the nuances of past posting cases. They’ll know how to challenge the evidence against you, negotiate with prosecutors, and build a strong defense.
Steps to Take After Being Charged with Past Posting
- Contact an attorney: The first thing you should do after being charged is to get legal representation.
- Gather evidence: If you have evidence supporting your innocence, such as receipts, witnesses, or play records, provide this to your attorney.
- Avoid discussing the case: Don’t talk to casino staff or law enforcement without your lawyer present. Anything you say could be used against you in court.
How to Avoid Past Posting Accusations
If you love gambling in Las Vegas, the last thing you want is to be wrongly accused of past posting. Accusations can happen even if you’re not guilty, so it’s essential to be aware of how to avoid these misunderstandings. Let’s go over some simple strategies to protect yourself from false accusations.
Best Practices for Gamblers in Las Vegas
Knowing the rules and keeping track of your actions is crucial in avoiding accusations of past postings. Here are some best practices you can follow:
- Stay aware of betting timelines: Be mindful of when you’re allowed to place bets, especially in fast-paced games. Keep your hands off the table once the dealer says “no more bets” or the game moves forward.
- Watch the dealer’s actions closely: Pay attention to the signals from the dealer. When they call for bets to stop or move to the next round, stop interacting with your chips or cards.
- Avoid hovering over your chips: Once you’ve placed your bet, resist the urge to keep your hand near the chips. This can be misinterpreted by security.
- Don’t argue with the dealer about the timing of a bet: If the dealer tells you your bet was too late, don’t push back. Accept it and move on to the next round to avoid drawing attention.
How to Avoid Misunderstandings in Gambling Settings
Casinos are bustling environments. With so much going on, it’s easy for your actions to be misinterpreted. Here’s how you can avoid misunderstandings:
Communicating with Dealers and Pit Bosses
- Ask questions if unsure: If you’re uncertain about a rule or timing in a game, don’t hesitate to ask the dealer before placing your bet.
- Be transparent about your actions: If something happens that could look suspicious, like dropping chips by accident, speak up right away. Let the dealer or pit boss know to avoid confusion.
Keeping Track of Chips and Bets
- Double-check your bets: Before the game moves forward, ensure your bet is correct and your chips are where they need to be.
- Avoid late changes: Don’t adjust your bet after the action has started. Once the dealer has moved on, don’t touch your chips or cards.
What to Do If You’re Wrongly Accused of Past Posting
Mistakes happen, and sometimes players are accused of past posting when they’ve done nothing wrong. If you find yourself in this situation, staying calm and handling it correctly is essential.
Immediate Steps to Clear Your Name
- Stay calm: If you’re accused, don’t panic. Stay polite and cooperative with the casino staff.
- Request to review the footage: Politely ask if casino security can review the surveillance footage. Many casinos record all gameplay, which can help clear any confusion.
- Avoid arguing on the casino floor: If the situation escalates, step away and let your attorney handle the details later. Arguing with security or staff will only make things worse.
Seeking Legal Counsel for Wrongful Accusations
If the situation isn’t resolved on the casino floor, it’s time to get legal representation. A Las Vegas attorney with experience in gambling law can help clear your name, primarily if the casino pursues charges against you.
Breaking It Down
Past posting charges in Las Vegas are no small matter. Cheating is taken very seriously in Nevada casinos, and being caught can result in significant penalties, from hefty fines to jail time. However, understanding the charges, knowing your rights, and avoiding accusations can make all the difference.
Legal defenses are available if you face a past posting accusation, whether it’s proving lack of intent, insufficient evidence, or even false accusations. It’s crucial to work with an experienced attorney to navigate the legal process.
For gamblers, the key to avoiding these charges is simple: stay aware, follow the rules, and be mindful of the fast-paced casino environment. With the proper precautions, you can enjoy your time in Las Vegas without worry.
Frequently Asked Questions
What is the difference between past posting and regular cheating?
Past posting is a type of cheating where a bet is placed after the outcome is known or the betting window has closed. Regular cheating can include any form of manipulation in a game, such as using hidden devices, marking cards, or collaborating with others to influence the outcome of a game.
Can you be charged with past posting if it was an honest mistake?
Yes, you can still be charged if the casino believes you were past posting, even if it was a mistake. However, intent plays a significant role in the legal process. You might avoid a conviction if you can prove it was an accident and not intentional cheating.
Are past posting charges standard in Las Vegas?
While Las Vegas casinos have strict security and monitoring, past posting charges happen, especially in busy, fast-paced games where timing is crucial. Casinos are quick to act on any suspicious activity, so players must be careful.
What should I do if a casino accuses me of past posting?
Stay calm and cooperate with casino staff if you’re accused of past posting. Ask if they can review surveillance footage to clear up any misunderstandings. Avoid arguing on the casino floor, as this can escalate the situation. If charges are brought against you, seek legal help immediately.
Can I be banned from all casinos for past posting?
Yes, a past posting conviction can lead to a ban from the casino where the incident occurred. You could sometimes be banned from multiple casinos, especially if they share security information. Repeated offenses can lead to more widespread bans.
How can I prove that I didn’t intend to cheat?
The key to proving a lack of intent is showing that your actions were accidental or due to confusion rather than a deliberate attempt to cheat. Surveillance footage, witness statements, and the context of the game can all help build a defense. An experienced attorney can assist in collecting this evidence and presenting it to the court.
Does a past posting charge stay on my criminal record?
If convicted of past posting, it will go on your criminal record. Depending on the severity of the charge (misdemeanor or felony), this can have long-term consequences for employment, professional licenses, and even your ability to gamble in the future.
Can past posting charges be dropped?
Yes, with the proper defense, past posting charges can be dropped. This might happen if the evidence is weak, if it’s clear the act was accidental, or if your attorney negotiates a favorable plea deal. Each case is unique, so the outcome depends on the details of the situation.
How long does a past posting case take to resolve?
The length of a past posting case can vary. Some cases are resolved quickly, especially if the evidence is transparent or a plea deal is reached. Others may take several months if they go to trial or if there is a complex investigation.
Your attorney can give you a better idea based on your specific case.
Can a past posting charge affect my travel or visa status?
A criminal conviction, including one for past posting, can affect your ability to travel to certain countries. Some countries may deny visas or entry to individuals with criminal records. If you’re concerned about how a conviction might impact your travel plans, it’s best to consult with an immigration attorney.
What are the odds of getting a plea deal in a past posting case?
Plea deals are standard in many criminal cases, including past postings. The prosecution may offer a deal if they believe it’s a more efficient way to resolve the case. The likelihood of a plea deal depends on the evidence, your legal representation, and whether you have a prior criminal record.
What is the role of surveillance footage in past posting cases?
Surveillance footage is crucial in past posting cases. Casinos rely on extensive camera systems to monitor gameplay, and this footage can be used as evidence against you. However, it can also be used in your defense if it shows that your actions were accidental or misunderstood.
Are past posting cases handled differently than other casino-related charges?
Past posting cases are handled under the broader category of cheating, but each casino-related offense has nuances. Past posting deals explicitly with the timing of bets, whereas other charges might involve different forms of manipulation. The way the case is handled depends on the specific actions in question.
Can I be arrested immediately if the casino suspects past posting?
If a casino suspects a past posting, they can detain you and call law enforcement. Casinos in Las Vegas have a close relationship with the police, and cheating is treated as a severe offense. Depending on the situation, you could be arrested on the spot.
How can I avoid being falsely accused of past postings?
The best way to avoid false accusations is to be mindful of your actions when gambling. Follow the rules, stay aware of when betting is allowed, and don’t make any last-minute changes to your bets. If a dealer calls “no more bets,” keep your hands off the table to avoid suspicion.
Glossary
Past Posting: A form of cheating in gambling where a player places a bet after the outcome is known or after the betting window has closed, giving them an unfair advantage.
Betting Window: The period during a game or event when players can place their bets. After this window closes, no more bets should be accepted.
Cheating: Any deliberate act intended to manipulate the outcome of a game in a casino, giving a player an unfair advantage. This can include past posting, using devices, or collaborating with others.
NRS 465.070: A Nevada Revised Statute that governs gambling-related offenses, including cheating. It outlines the legal definition of cheating and the penalties for breaking these laws.
Misdemeanor: A less serious criminal offense, which, in the case of past posting, might result in fines or up to six months in jail for a first-time offender.
Felony: A more serious criminal offense. In the context of past postings, felony charges might be applied for large-scale cheating or repeat offenses, leading to higher fines and extended prison time.
Surveillance Footage: Video recordings captured by security cameras within a casino. These are used to monitor player behavior, especially in cases of suspected cheating, and can serve as crucial evidence in a past posting case.
Intent: A crucial element in criminal law that refers to whether an action was done deliberately and with the knowledge of wrongdoing. In past posting cases, proving a lack of intent can help defend against charges.
Entrapment: A legal defense that claims law enforcement or casino security induced a person to commit a crime they would not have committed otherwise. This defense can sometimes be used in past posting cases if an undercover operation is involved.
Plea Deal: A legal agreement between the prosecution and defense in which the defendant pleads guilty to a lesser charge in exchange for reduced penalties or the dropping of charges.
Casino Ban: A prohibition on individuals preventing them from entering a casino due to illegal activities such as past posting. Bans may apply to one or multiple casinos, especially if security information is shared.
Probation: A court-ordered period during which a convicted individual must comply with certain conditions, such as regular meetings with a probation officer, instead of serving jail time.
Pit Boss: A casino employee responsible for overseeing the gaming floor. They handle disputes, ensure fair play, and may be involved in dealing with suspected cases of cheating.
Dealer: A casino employee who manages the game, handles bets, and interacts with players. The dealer is responsible for enforcing the game’s rules, including stopping bets once the betting window closes.
Gaming License: This is a license required to work in the gambling industry. A past posting conviction can result in suspending or revoking a gaming license, preventing a person from working in a casino.
Wrongful Accusation: Falsely accused of a crime or offense, such as past posting, when no cheating or illegal activity occurred.
Legal Representation: The assistance of a lawyer or attorney in handling legal matters. In past posting cases, having proper legal representation is critical to ensuring a fair defense.
Arraignment: A court proceeding where the accused is formally charged and asked to enter a plea (guilty, not guilty, or no contest). This is one of the first steps in the legal process following an arrest for past posting.
Repeat Offender: Someone who has been convicted of a similar crime before. In past posting cases, being a repeat offender can result in harsher penalties or felony charges.
Mistaken Identity: A defense in past posting cases where the accused claims they were wrongfully identified as the person who committed the crime, often due to security misinterpretation or surveillance errors.
Surveillance: The monitoring of casino activities through cameras and security personnel. Surveillance is a primary tool casinos use to detect cheating, including past posting.
Additional Resources for You
Molly Rosenblum, Esq., our lead attorney, has dedicated significant effort to developing resources that address the legal complexities and consequences associated with gaming and gambling laws. These resources, provided on the Rosenblum Law website, serve as a vital guide for individuals facing legal issues or seeking information about various aspects of gambling-related offenses. Whether you are dealing with charges of underage gambling, gambling debt collection crimes, or any other gaming-related legal issue, these resources are designed to inform and assist you. Here’s an overview of the resources available:
Underage Gambling: Detailed information on the laws and penalties associated with underage gambling, offering guidance for those who may find themselves or their loved ones facing such charges. Learn about underage gambling laws.
Gambling Debt Collection Crimes: Insights into the legalities surrounding the collection of gambling debts and the potential criminal implications. Understand gambling debt collection crimes.
Gambling Violations: An overview of various gambling violations, detailing the legal consequences and potential defenses. Explore gambling violations.
Marked Cards: Guidance on the legal repercussions of using marked cards and similar cheating tactics in gaming environments. Read about marked cards offenses.
Pinching Bets: Information on the illegality of pinching bets and the potential criminal charges that can arise from such actions. Learn about pinching bets.
Unlawful Acts Regarding Gaming Equipment: Detailed exploration of the laws concerning the misuse or manipulation of gaming equipment and the associated penalties. Explore unlawful acts regarding gaming equipment.
Sports Betting Fraud: An overview of the legal framework surrounding sports betting fraud, including common schemes and potential defenses. Learn about sports betting fraud.
Gaming Fraud Charges: Guidance on the various forms of gaming fraud, the legal consequences of such actions, and potential defense strategies. Understand gaming fraud charges.
Through these resources, Molly Rosenblum, Esq., aims to offer clarity, support, and expert legal advice to those navigating the complex legal landscape of gaming and gambling laws. We encourage you to utilize these resources to gain a better understanding of your legal situation and the options available to you.
Offsite Resources for You
Here are several additional resources you might find helpful. They provide a wealth of information related to gambling laws, regulations, and advocacy:
National Council on Problem Gambling: A leading authority providing resources, advocacy, and assistance for problem gambling.
American Gaming Association: This organization represents the U.S. casino industry and provides information about responsible gaming and industry news.
Gaming Control Board: The Nevada Gaming Control Board is tasked with ensuring the integrity and stability of the state’s gaming industry.
Legal Aid Center of Southern Nevada: This organization provides free legal advice and representation to residents of southern Nevada who cannot afford an attorney.
Nevada Council on Problem Gambling: This council is dedicated to providing support and resources to individuals who are dealing with problem gambling issues.
Federal Trade Commission: The FTC provides information about consumer protection and can offer resources if you believe you’ve been a victim of fraud or deceptive practices in the gaming industry.
Why You Haven't Already Hired a Defense Attorney to Help You
Watch this short video to take the next big step toward defending your rights against your felony charge.
A Special Message from Our Lead Attorney
Molly Rosenblum
Dear Readers,
I’m Molly Rosenblum, Esq, and thank you for taking the time to educate yourself about these critical matters using the resources I’ve provided.
Knowledge is empowering, and your proactive steps to understand the laws and regulations related to gaming in Las Vegas are commendable.
If you have any questions, need further clarification, or are facing a situation requiring legal advice, please don’t hesitate to reach out.
Remember, professional legal counsel can make a significant difference in navigating these complex issues.
I invite you to schedule a free consultation with me. Please call us at (702) 433-2889.
I look forward to the opportunity to help and to ensure you are well-informed and adequately represented.
Best Regards,
Molly Rosenblum, Esq.
