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Casino property trespassing

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hatecasino2

Junior Member
I was recently arrested in Nevada for casino trespass. Here is the story:

I won over 4.5k+ profit in chips value in one of the nevada casino after 8 hours card counting. I cashed out small amount of them and went to the sister property and tried to cash out same amount of chips.(close to $1000). The women at cashier cage asked for my id and was gonna count the money and give to me. At that moment, a phone call came in and i realized that it must be the calling from the pit manager in previous casino. I didn't feel comfortable with the lady when she told my information to the pit, so I asked for my id back, however she started walking toward to printing machine and tried to photocopy my id. I walked over there and said she cant do that by law if i am not willing to give my info. Then, the security started to ask me to leave. I took my chips and id back finally left the casino. After about 8 hours, I went back in cash out small amount of chips. I started walking around the casino to see if i can find a good table to play. Suddenly, the casino security manager and the other security asked me to go to their office or they will call the police. In the office, he wanted my id and ssn and i refused. They said they would have to call the police and i said sure. When police came in, they began questioning what was going on. The manager said I was removed from the property today for 24 hours. He wanna press the charge for trespassing. I said when I escorted off the property the security didn't tell me I was removed for 24 hours. I also didn't hear he said I will be arrested for trespassing if I went back in there. Then police looked at the picture and found out I use disguise. They arrested me and handcuffed me for trespassing.

My question is if an individual is kicked out the casino but without saying that if you come back we weill arrest you for trespassing, will he be arrested for trespassing if he comes back in the casino several hours later.

Please let me know

Thanks
 


quincy

Senior Member
I was recently arrested in Nevada for casino trespass. Here is the story:

I won over 4.5k+ profit in chips value in one of the nevada casino after 8 hours card counting. I cashed out small amount of them and went to the sister property and tried to cash out same amount of chips.(close to $1000). The women at cashier cage asked for my id and was gonna count the money and give to me. At that moment, a phone call came in and i realized that it must be the calling from the pit manager in previous casino. I didn't feel comfortable with the lady when she told my information to the pit, so I asked for my id back, however she started walking toward to printing machine and tried to photocopy my id. I walked over there and said she cant do that by law if i am not willing to give my info. Then, the security started to ask me to leave. I took my chips and id back finally left the casino. After about 8 hours, I went back in cash out small amount of chips. I started walking around the casino to see if i can find a good table to play. Suddenly, the casino security manager and the other security asked me to go to their office or they will call the police. In the office, he wanted my id and ssn and i refused. They said they would have to call the police and i said sure. When police came in, they began questioning what was going on. The manager said I was removed from the property today for 24 hours. He wanna press the charge for trespassing. I said when I escorted off the property the security didn't tell me I was removed for 24 hours. I also didn't hear he said I will be arrested for trespassing if I went back in there. Then police looked at the picture and found out I use disguise. They arrested me and handcuffed me for trespassing.

My question is if an individual is kicked out the casino but without saying that if you come back weill arrest you for trespassing, will he be arrested for trespassing if he comes back in the casino several hours later.

Please let me know

Thanks
The answer to your question (bolded above) is "yes." The reason for the "yes" is because that is exactly what happened to you.

You might look into getting an attorney.
 

hatecasino2

Junior Member
The answer to your question (bolded above) is "yes." The reason for the "yes" is because that is exactly what happened to you.

You might look into getting an attorney.
Can an attorney help me to dismiss or drop the case? If so, should I find an attorney in nevada or the state that I am lviing?
 

xylene

Senior Member
In addition to trying to be a sneak about not getting banned, you seem to be trying to evade IRS W-2G reporting on your winnings, which at 4500 in 8 hours is almost certainly required.
 

justalayman

Senior Member
Actually unless they limited the amount of time you were prohibited from entering, it is indefinite. That means until they again granted you permission to enter, you cannot legally enter the property.

You need an attorney that can practice in Nevada since that is where you are being prosecuted.

By chance, as a condition of your release were you prohibited from leaving the state of Nevada without the courts permission?
 

quincy

Senior Member
Can an attorney help me to dismiss or drop the case? If so, should I find an attorney in nevada or the state that I am lviing?
In what state are you living?

Did you leave Nevada for your home state right after being charged with trespassing? Have you missed any court hearings?

It might be smart for you to see an attorney - either in your state or in Nevada. I am not sure any attorney can get the trespassing charged dismissed but an attorney has a better chance of doing this than you will have on your own.
 

hatecasino2

Junior Member
In addition to trying to be a sneak about not getting banned, you seem to be trying to evade IRS W-2G reporting on your winnings, which at 4500 in 8 hours is almost certainly required.
I planned to stay there, so I wanted to cash small amount and then use the rest of chips to play. According to Nevada Gaming law that cashing out 10k above needs a id, customers can refuse to show thier id with 10k less valued chips even if they are not willing to.
 

justalayman

Senior Member
Federal law requires a 1099 for payments over $600 so the casino would be required to obtain your ID and ssn for that purpose regardless what the state of Nevada may require. .
 

AdjunctFL

Member
Federal law requires a 1099 for payments over $600 so the casino would be required to obtain your ID and ssn for that purpose regardless what the state of Nevada may require. .
The $600 rule applies to a Form 1099-MISC, not a W-2G. For a W-2G, from the IRS instructions: You must withhold federal income tax from the winnings if the winnings minus the wager exceed $5,000 and the winnings are at least 300 times the wager. Withhold 25% of the proceeds (the winnings minus the wager). This is regular gambling withholding. [There is a separate rule that mentions $600 but it's not for reporting levels, it's for W2-G's under the above rule that may require backup withholding.]

It's also based on individual wagers. If I start the evening with $1,000 and then cash in $50,000 in chips after playing all night and none of my winning wagers meet the requirement above, no Form W-2G is required.
 

justalayman

Senior Member
The $600 rule applies to a Form 1099-MISC, not a W-2G. For a W-2G, from the IRS instructions: You must withhold federal income tax from the winnings if the winnings minus the wager exceed $5,000 and the winnings are at least 300 times the wager. Withhold 25% of the proceeds (the winnings minus the wager). This is regular gambling withholding. [There is a separate rule that mentions $600 but it's not for reporting levels, it's for W2-G's under the above rule that may require backup withholding.]

It's also based on individual wagers. If I start the evening with $1,000 and then cash in $50,000 in chips after playing all night and none of my winning wagers meet the requirement above, no Form W-2G is required.
Whoops. Meant W-2G.


Report gambling winnings on Form W-2G if:
1. The winnings (not reduced by the wager) are $1,200 or more from a bingo game or slot machine,
2. The winnings (reduced by the wager) are $1,500 or more from a keno game,
3. The winnings (reduced by the wager or buy-in) are more than $5,000 from a poker tournament,
4. The winnings (except winnings from bingo, slot machines, keno, and poker tournaments) reduced, at the option of the payer, by the wager are:
a. $600 or more, and
b. At least 300 times the amount of the wager, or
5. The winnings are subject to federal income tax withholding (either regular gambling withholding or backup withholding).


The $5k applies to a poker tournament. Unless the IRS has a very loose definition of tournament, typical card play at a casino does not fall under that rule.

Note #4. $600 or more and 300 times or more of the wager. The reduction of the wager is at the payors choice.

Also note #5. I'm not that familiar with tax issues but it sure seems that can cover a lot of territory.

Obviously we have no way of knowing for certain if any of this applies to the op but my point is that the $10k threashhold the op tossed out is not the only rule (and likely to be the most lenient rule) that would require the gambler to provide their ID.
 

quincy

Senior Member
hatecasino2, in what state are you living currently? Did you leave Nevada for your home state right after being charged with trespassing? Have you missed any court hearings?

You seem to have missed these questions that I asked earlier. It can be important to know if you skipped a court hearing when you left the state.

Here is a link to the trespassing law in Nevada (scroll down to NRS 207.200): http://www.leg.state.nv.us/nrs/nrs-207.html

The trespassing charge alone would not necessarily be a difficult one for an attorney to help you get reduced (or dismissed, depending on facts) but if you missed a court hearing, the chances of this happening are likewise reduced.
 

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