Gambling - Florida Statute 849.08

gambling

Did you know it could be illegal to gamble at your home? You might be shocked especially since there are casinos around South Florida and there is the Florida Lottery. Those casinos are actually on Indian Territory and the Florida Lottery is an exception. Well, what about Bingo? Bingo is prohibited except for certain non-profit organizations. See F.Y.I. Adventures v. State.

We have all seen on TV or in the movies a bunch of guys sitting around a table playing poker for fun. If the poker playing does not fall into the penny- ante exception under Florida Statute 849.085,the poker players having a little fun will have big trouble if they are caught. To fall into the exception, the game can be poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg, the winnings of any player in a single round, hand, or game cannot exceed $10 in value, the game must be inside a dwelling, no admission can be charged, no one can get commission, no advertising can be done, and the game cannot be with anyone under 18 years of age. Florida Statute 849.08 prohibits playing card games, anywhere, by any device, for money or something of value, unless it falls into the exception in Florida Statute 849.085. Florida Statutes Chapter 849 has many sections that deal with gambling in Florida.

What the State Prosecutor Has to Prove to Convict a Defendant of Gambling

The state prosecutor has to prove beyond a reasonable doubt:

(1) The defendant played or engaged in a game of chance;

(2) The defendant risked money or property on the outcome of the game; and

(3) The defendant expected to gain or lose money or property as a result of the game.

It is not necessary that the defendant actually bet his own money or property. He could have been a “hired gun” for the real owner of the property.

Defenses

The facts of the situation will determine what types of defenses are used. If the gambling was being done inside the house, did the police have a warrant or warrant exception to search the house? How did the police officer know you were gambling with money and not with poker chips, potato chips, or pennies? Our Palm Beach Gardens Gambling Attorneys will be looking at the facts to find out if the police officer had probable cause to charge you with gambling that does not fall within the 849.085 exception.

Since this is a misdemeanor, the police officer is going to have to witness you committing the crime. Did the officer properly witness the crime? Was it dark? Did the officer clearly hear what was going on?

The facts and questions can go on and on. Our law firm will take depositions of anyone involved to see if the police really did witness this crime or if the officer did not clearly witness the situation and wrongfully arrested you.

Punishment

This crime is a second-degree misdemeanor which is punishable up to 60 days in jail and a $500 fine.

Contact the Law Office of Roger P. Foley, P.A.

If you or a loved one have been arrested and charged with this crime, call today to schedule a free consultation with one of our Palm Beach Gardens Gambling Attorneys. Our attorneys want to discuss the case with you so we can take the information you give us and craft a defense strategy. After reviewing the evidence, we will present to you your options: we can take the case to trial, negotiate a plea deal, or negotiate that the case be not filed or dropped. Call today so we can get to work helping you.

Click on the following reviews to see what clients are saying about us
Client Reviews
I was charged with Domestic Violence few years ago and I was referred to Roger Foley from a family member! Roger is a BULLDOG! He was great and very aggressive in helping me beat this bogus case. Case was dismissed! He was on top of everything until the end!!
Now again in need of his help and wouldn't go anywhere else!
HIGHLY RECOMMEND
★★★★★
My wife (Mother of Stepson) and I Hired Mr Foley to represent my stepson in a minor criminal case. We would highly recommend as it is obvious to us That Mr Foley Genuinely cares and wants to do the Best he can for you which he did for us. Also has a great rapport with all parties in the courtroom..... Steve
★★★★★
Roger P. Foley got me reinstated. Also he got my COS waived, an got me to still be terminated off of probation on my expected termination date. I feel very comfortable with the decision my lawyer made for me. Also i would refer him to anyone who has a criminal felony or misdemeanor case. Jamar
★★★★★
Roger is a very compassionate person, he truly cares about his clients. He helped me with my case and was there for me every step of the way even if it was just reassurance that I needed. I would recommend him to anyone, he is absolutely the best! Cassandra G.
★★★★★
I think your firm did a great t job on 3 cases that were 28 years old. The results are better than expected. I truly appreciate the hard work that you and your firm put forth in obtaining the results that we did on this case. Jim
★★★★★