Updated for arrested in casino

Here is the link that I previously posted here for being arrested in the casino:
/forum/gambling/blackjack/27018-arrested-for-trespass-need-help-please/

I pled not guilty and went to trial and represent myself (I have done a lot of work). The case was dismissed with prejudice, which means it can't be brought back again. I initially filed a motion to dismiss, but it got denied. However, the good thing is I am not convicted right now. I am going to share some of my findings with all the APS and looking for some advice since I am ready to sue the casino later.

In the trail, I was told that director of table games at casino A trespassed me. A report was generated with my picture on it. The interesting thing is nobody told me about it. There is no verbal warning and formal trespass notice provided (very important and will explain later). Another picture showed I was sitting in the backroom. What the prosecutor tried to argue is if I was told not to come to the property A, and then I go to the sister property B, I will be guilty of trespass. There are two witnesses: one is a surveillance man who took my nice picture and the other one is the police officer who did not see anything happen in his person. The surveillance man stated that I was trespassed in the early morning in the casino, and then went to casino B. I was removed in Casino B on that morning, so returning in 24 hours on the property is not allowed.

When I cross-examined him, I asked what is the normal procedure of trespassing in the casino. He replied that they do verbal warning and take out the little card with Nevada Trespassing Law on it to trespass people. I verified with him if the director of table games gave me any form of notice and he said he was not sure. Later, I took out my prepared AB 161 (here is the link: /Session/76th2011/Exhibits/Assembly/JUD/AJUD606F.pdf) to testify that casino should follow the proper procedures to trespass people. It actually requires a lot of time in this process. Wilkinson's case was then taken out by me (here is the link tml) and I argued that casino should and have to give the defendant an opportunity to leave the property before his action being considered for arresting. In order to make sure the prosecutor will not have the advantage when he mentions casino B asked me to leave, I started saying that the ejection from casino B is not constitutional because that the ejection is based on racial discrimination (I am not white). Even though NRS 463.0129 section 3(a) gives gaming establishment the rights to exclude anybody for any reason, but the reason has to be lawful. According to NRS 463.070 and 42 usc 2000a, gaming establishment can not eject the patron based on their race. Casino B did not cash out my chips and boot me out the property and they still refuse to cash me out when I was arrested.

After I finished cross examation, the prosecutor asked to judge to talk to the witness to reaccess the case. About 5 minutes later, he went back to the courtroom and said the case will be dismissed with prejudice at this point. The judge then told me that I was free to go and the bail will be given back to me through the mail.

I am going to request a court report to go through all the statements happened in the court and decide if I need to sue the security supervisor first or just suing the casino directly. The security supervisor signed a citizen arrest form and it states that he will be liable for this arrest. I will later hand type the citizen arrest form here so that APS can take a look. Now, I am not sure how much money should I sue the casno for. And what would be the challenge, from you guys perspective, to me to win the lawsuit.

Let me know if there are any questions.

Thanks

For some reasons, the link I provided for AB 161 and NRS does not show the full address. If you google it, you will find it out. Please let me know if you have difficulties to find those link.

Post one more time, and you will have posted enough that your links will work. Repost them then.

Quote: hatecasino2

Now, I am not sure how much money should I sue the casno for. And what would be the challenge, from you guys perspective, to me to win the lawsuit.

When you're sitting in the criminal defendant's chair, you only need to prevent the prosecution from making it's case. When you're a plaintiff in a civil suit, you need to prove your case. That's much, much harder. Hire an attorney.

Hire a lawyer, ask for a jury trial, allege damages due to fear, police presence, backrooming, inability to sleep, nightmares, avoidance of casinos and loss of your favorite hobby, and blame your dandruff on the stress that you suffered at their hands.

Note: microphones in backrooms are always 'on' so get the tapes promptly.

Get a trial transcript promptly.

I contacted the casino previously and according to what they say is the tape will be atomically rolled over 7 days. I have provided my information to them and they still did not reply back to me even if they said they would. Plus I don't clearly remember if I said I want to go or not. But the citizen arrest form showed "security supervisor came to me and I am not cooperative, he told me I was under arrest for trespassing". Not sure if that is enough as evidence

U should get an attorney. I doubt they tape over stuff after just 7 days. That oyld probably ve an egregious form if evidence destruction since no one could likely send a letter requesting evidence be preserved that fast

The citizen arrest form seems like pretty good evidence so far

If I want to sue the casino for, lets say, false imprisonment, kidnapping, and defamation, should these three be included in one complaint or three complaint? I just checked Nevada law:
NRS 189.070  Grounds for dismissal of complaint on appeal.  Any complaint, upon motion of the defendant, may be dismissed upon any of the following grounds:
1.  That the justice of the peace did not have jurisdiction of the offense.
2.  That more than one offense is charged in any one count of the complaint.
3.  That the facts stated do not constitute a public offense.

I do not want the court to grant the motion filed by the casino (I am pretty sure they will file that motion). However, it seems like I can only file one offense in one complaint. Correct me if I am wrong and I hope I am wrong.

Quote: hatecasino2

If I want to sue the casino for, lets say, false imprisonment, kidnapping, and defamation, should these three be included in one complaint or three complaint?

Quote: NRS 7.285

  Unlawful practice of law; criminal penalties; initiation of civil action by State Bar of Nevada.
1.  A person shall not practice law in this state if the person:
(a) Is not an active member of the State Bar of Nevada or otherwise authorized to practice law in this state pursuant to the rules of the Supreme Court; or
(b) Is suspended or has been disbarred from membership in the State Bar of Nevada pursuant to the rules of the Supreme Court.
2.  A person who violates any provision of subsection 1 is guilty of:
(a) For a first offense within the immediately preceding 7 years, a misdemeanor.
(b) For a second offense within the immediately preceding 7 years, a gross misdemeanor.
(c) For a third and any subsequent offense within the immediately preceding 7 years, a category E felony and shall be punished as provided in NRS 193.130.
3.  The State Bar of Nevada may bring a civil action to secure an injunction and any other appropriate relief against a person who violates this section.

You're not trying to get the forum members here to practice law without a license, are you? Hire an attorney.

I was just trying to get some advice and I do appreciate all the comments here.

Assuming Nevada's civil procedure is like other states, you could include each one in the same complaint, denominated as separate counts.

Do yourself a favor: call Bob Nersesian and see if he thinks you have a case; if so he might take it, and by report he is the best guy in Las Vegas for this sort of thing.

I agree with the poster that said hire an attorney. Anyways, your tresspassing thing reminds me of a guy who said he and his wife innocently asked for more copies of player's cards because they had lost their original player's cards. The player's club employee ran the wife's ID through their system and the employee said to the wife,"You're actually on our banned list and have to leave immediately because you used extra free play that was given to you as a computer glitch. The husband said he remembered his wife at the time of the computer glitch saying she had more free play than she should have, but she thought the casino had given her an extra boost in her free play, so she used the extra free play innocently. He wanted to take legal action for banning her without even letting her know until they were trying to get new player's card copies.

Quote: FleaStiff

Note: microphones in backrooms are always 'on' so get the tapes promptly.

Bullshit. If that was the case I would have more money than God.

Quote: AxelWolf

Bullshit. If that was the case I would have more money than God.

You already do.... but you likely have less than a lot of priests who get left lots of money from parishioner that are convinced to leave it to the priest so he can spend it on his church.... if you leave it to the church the money goes into THE FUND and your parish never sees any of it

Hatecasino,

Hire an attorney.

We do not want to be responsible for giving you bad advice, good but not best advice, ignorant advice, advice that does not apply in that jurisdiction, advice based on a layman's interpretation of statutes, requirements, regulations, laws, or practices, advice that ignores precedent, advice that does not consider all clauses, repercussions, or unintended consequences, or even advice we pull out of our asses for our own amusement.

None of the advice in this thread should be construed by you as worth one dime more than you paid for it. This forum does not, and none of its members do here, provide legal advice, especially to one trying to act as his own attorney, and we will not be accountable for what happens to you, good or bad, if you take advice from here and act on it.

Hire an attorney. Please. Let us know how it goes.

Call Bob Nersesian and give him the deets

Quote: beachbumbabs

Hatecasino,

Hire an attorney.

We do not want to be responsible for giving you bad advice, good but not best advice, ignorant advice, advice that does not apply in that jurisdiction, advice based on a layman's interpretation of statutes, requirements, regulations, laws, or practices, advice that ignores precedent, advice that does not consider all clauses, repercussions, or unintended consequences, or even advice we pull out of our asses for our own amusement.

None of the advice in this thread should be construed by you as worth one dime more than you paid for it. This forum does not, and none of its members do here, provide legal advice, especially to one trying to act as his own attorney, and we will not be accountable for what happens to you, good or bad, if you take advice from here and act on it.

Hire an attorney. Please. Let us know how it goes.

From what I can see regarding his posts he's intelligent enough to know he would need an attorney to move forward amd sue. I don't think hes asking for actual advice. It sounds like he wants to tell his story and see if anyone has anything to add. Perhaps there's something an attorney might miss or there is something he should focus more on.

What reason can you possibly have for not contacting Bob Nersesian? He represented me in a similar case and we settled with the casino.

Quote: teliot

What reason can you possibly have for not contacting Bob Nersesian? He represented me in a similar case and we settled with the casino.

How long ago was that?

Quote: AxelWolf

How long ago was that?

Full account:

https://www.888casino.com/blog/apheat/three-card-poker-incident-report/

Interesting case. I appreciate you can share the story with us. I really hope some posts here can discuss the legal issue in the gaming establishment so that people could have a better idea what should they act when they are in similar situation. Like my situation, if time could go back, I would try to leave the casino so that I won't be 86ed.

When I was charged with trespassing, I initially worried a lot. But later I realized that if this is a threat to me, then it could be an opportunity for me if I can get away with the trespassing charge because I am a reasonable person and acting reasonably in the casino. Just like playing on the table, now I realized that the odds might just slightly shift to my side at this moment and I do not want let this chance slide away since I know it is so so so difficult for normal people to get the first bucket of gold in their life. Like ZenKing's post on the first page, even though APs can beat the casino with couple percentage edge, casinos do like what APs are doing, then they start kicking people out.

I am not trying to use any advice here in the trial. All I want to do is to share what I have been through and get some insights from people. And I will not let anyone here take any responsibilities by providing me the advice. Instead, I appreciate all the comments and will consider them with my actual situation.

Thanks

All right, let me try to repost those link and I believe they will help the AP here,

OP: https://wizardofvegas.com/forum/gambling/blackjack/27018-arrested-for-trespass-need-help-please/
AB 161: http://www.leg.state.nv.us/Session/76th2011/Exhibits/Assembly/JUD/AJUD606F.pdf

Let me know if you have some thoughts

You won't want to hear this, but I'd recommend dropping it and moving on. Here's why:

Casinos play the long game, that's how they make their money.

You knew you were trespassed from the casino, but you seem to be hanging your case on a technicality that they didn't read you the trespass act and specifically say you couldn't go to another casino they own. As a plaintiff, you will be hard-pressed to convince a judge that you were wronged here. You knew you were in the wrong by entering a casino owned by the same company and you did it anyway. The Security Sup that apprehended you was acting in good faith so any case against him just for arresting you will probably be summarily dismissed with prejudice. What get's you off in a criminal case, probably won't carry enough weight to win a civil case.

Even if you win round one, the casino will appeal and crush you in appeals court. Hence, long game. Appeals court judges may have no interest in your case since it will seem to them on the same level as someone spilling hot coffee on themselves, then suing McDonalds.

Unless you were beaten by security, I'd take the victory in criminal court and move on. Is it worth years of your life for maybe $25K?

Quote: KingoftheEye

You won't want to hear this, but I'd recommend dropping it and moving on. Here's why:

Casinos play the long game, that's how they make their money.

You knew you were trespassed from the casino, but you seem to be hanging your case on a technicality that they didn't read you the trespass act and specifically say you couldn't go to another casino they own. As a plaintiff, you will be hard-pressed to convince a judge that you were wronged here. You knew you were in the wrong by entering a casino owned by the same company and you did it anyway. The Security Sup that apprehended you was acting in good faith so any case against him just for arresting you will probably be summarily dismissed with prejudice. What get's you off in a criminal case, probably won't carry enough weight to win a civil case.

Even if you win round one, the casino will appeal and crush you in appeals court. Hence, long game. Appeals court judges may have no interest in your case since it will seem to them on the same level as someone spilling hot coffee on themselves, then suing McDonalds.

Unless you were beaten by security, I'd take the victory in criminal court and move on. Is it worth years of your life for maybe $25K?

Make certain an attorney tells u this before dropping it. Funny but attorneys routinely spend years getting these decisions. Never seen an attorney say not worth it too many years (unless the case truly isn't merited of course)

As for the hot coffee example at mcdonalds watch the doc called hot coffee. Everyone derided that case until they saw thr evidence. The woman was served coffee at 200 degrees farenheit and recieved 4th degree burns the pictures of her injuries were horrifying. So KOTE did not really use a good example imo

Also many of these cases r settled for $100k and up even without being physically assaulted not just $25k

Im surprised KOTE thinks these awards r so low. Maybe thats why casinos think they can keep getting away with it

What I am thinking right now is to sue the security sup first, because he is the signing the citizen arrest form, which will make himself liable for the false arrest and false imprisonment. To sue casino with those two offenses would be extremely difficult because security sup will be the witness under this circumstance and I believe casino attorney will have a little talk with him to instruct his talking on the court even though that is illegal. Therefore, I need to change the strategy little bit. That way, hopefully, casino attorney will not respond to his help since it is a case against him instead of the casino. He needs to hire his own attorney for his case. That would be easier for me to handle that person comparing to the gaming establishment. In terms f casino, I am planning to sue them later (depending on the previous case) for racial discrimination with a selected jury trial to maximize my odds.

That is so far my plan and I am currently working on the law and ordering trial transcript. Hopefully, things would work out. I know it is hard, but it worth trying.

[disclaimer] I am not a lawyer. None of the following is based on any personal experience. [/disclaimer]



It seems like you are doing a good job aligning your ducks, but seriously, talk to a lawyer. Many offer free consultations. Major -EV not talking to a lawyer!

Quote: hatecasino2

What I am thinking right now is to sue the security sup first, because he is the signing the citizen arrest form, which will make himself liable for the false arrest and false imprisonment. To sue casino with those two offenses would be extremely difficult because security sup will be the witness under this circumstance and I believe casino attorney will have a little talk with him to instruct his talking on the court even though that is illegal. Therefore, I need to change the strategy little bit. That way, hopefully, casino attorney will not respond to his help since it is a case against him instead of the casino. He needs to hire his own attorney for his case. That would be easier for me to handle that person comparing to the gaming establishment. In terms f casino, I am planning to sue them later (depending on the previous case) for racial discrimination with a selected jury trial to maximize my odds.

That is so far my plan and I am currently working on the law and ordering trial transcript. Hopefully, things would work out. I know it is hard, but it worth trying.

Chances are the terms of his employment provide legal coverage for him with respect to actions he undertakes during the course of his job. But the point is that whether you're right or wrong, you shouldn't be the one trying to navigate these decisions. That's exactly what attorneys are for -- to do that legal work for you.

You have the right to represent yourself, but if you screw up your pleadings then it's an easy summary judgment dismissal for the other side and you're done. Civil litigation like this is a business decision -- you need to determine whether your potential paths to recovery are worth the initial time and money expenses. You might win and still lose money overall, and that makes it a bad decision. I don't know whether you have a case or not, but the real point is that, really, neither do you. Step one is to ask counsel that question. If you can't find an attorney to take your case on spec, that'll tell you a lot.

Quote: Joeman

It seems like you are doing a good job aligning your ducks, but seriously, talk to a lawyer. Many offer free consultations. Major -EV not talking to a lawyer!

Apparently he prefers to boastfully ignore advice from a bunch of non-lawyers rather than invest $500 to get a proper opinion. This whole thing smells funny.

Quote: teliot

Apparently he prefers to boastfully ignore advice from a bunch of non-lawyers rather than invest $500 to get a proper opinion. This whole thing smells funny.

Yeesh i hope this isnt aimmee part 2

Wasnt ther a troll on here a few months prior asking for legal advice about his 15 yr old daughter until one our regulars found he had made a similar thread 4 years ago on a different site and his daughter wad 15 then as well

R we getting trolled by attention seekers. It seems the only motive

Thanks for the comments. For those who do not understand my move, all I have to say is everyone has different paths to go. I do respect all the advice and I am still open to different opinions regarding this issue. This is also good for me because I can sense how jury would react according to this post

Quote: hatecasino2

Thanks for the comments. For those who do not understand my move, all I have to say is everyone has different paths to go. I do respect all the advice and I am still open to different opinions regarding this issue. This is also good for me because I can sense how jury would react according to this post

How do you think the jury would react if they learned that you solicited advice from a gambling forum using the handle "hatecasino2"? You're posting publicly about a pending dispute...

Quote: MathExtremist

How do you think the jury would react if they learned that you solicited advice from a gambling forum using the handle "hatecasino2"? You're posting publicly about a pending dispute...

Firstly, I haven't filed the complaint. Secondly, I would be very happy if the one of jury member is on this site sees my post. Thirdly, I appreciate all the advice and I don't see the problem of discussing the legal issue here.

Thanks

Quote: hatecasino2

... I don't see the problem of discussing the legal issue here.

Everything you write on here has the potential to become discovery that you must turn over to the other side in your case.

Before you run off to file your complaint, make damn sure you know all of the applicable law.

For example: if you lose (and you almost certainly will), does the casino / employees you sue have the right to have judgment against you for their attorney fees?

They could easily exceed twenty grand.

Quote: MrV

Before you run off to file your complaint, make damn sure you know all of the applicable law.

For example: if you lose (and you almost certainly will), does the casino / employees you sue have the right to have judgment against you for their attorney fees?

They could easily exceed twenty grand.

Like your post and thumbs up! Appreciate you suggestion. Almost forget this one.. Will do some research.

IMO -- DON'T write anything at all on the forum until the fat lady sings (if you can, ie: settlement clause). Don't know the likelihood of something that's written on the forum by you to be used against you in court (ie: suing them down the road for racism or w/e).

1) Call Bob N. and see if he'll take your case or if he knows another lawyer that'd take your case.
2) Quit posting about it in public.
3) Only reveal the details, whichever you can, that you want to, after all is said and done (either you win the case, get the settlement, or decide not to pursue the case).

Yes i highly advise against using racism in your lawsuit

First you just posted on here u plan to use it simply to bolster ur case. That can certainly be used against u now

Secondly if u dont really feel racism had anything to do with the incident and u just want a stronger case u do other actionable race cases a disservice as well as your own case

Third if your case isnt strong enough by itself then that should tell you something. If it us strong enough by itself then dont ruin it with adding difficult to prove aspects. So u r a person of color. Not everything that happens to you is a result of that and there may be circumstances you r not aware of that may make your case look bad. For ex. Maybe the security guy in charge is black or maybe one of the guards who came to get y is married to a black woman

At this point since u mentioned using race on this forum to bolster your case ther may be legal issues like false testimony slander etc leveled against u

You would be surprised how many people file STUPID lawsuits and win! For example, Kathleen Robertson of Austin, Texas was awarded $80,000 by a jury of her peers after breaking her ankle tripping over a toddler who was running inside a furniture store. The store owners were understandably surprised by the verdict, considering the running toddler was her own son.

Quote: Nathan

You would be surprised how many people file STUPID lawsuits and win! For example, Kathleen Robertson of Austin, Texas was awarded $80,000 by a jury of her peers after breaking her ankle tripping over a toddler who was running inside a furniture store. The store owners were understandably surprised by the verdict, considering the running toddler was her own son.

So, you freely plagiarize?

Maybe you got it here:

http://www.moneytalksnews.com/the-stella-awards-truth-or-fiction/

"Kathleen Robertson of Austin, Texas, was awarded $80,000 by a jury of her peers after breaking her ankle tripping over a toddler who was running inside a furniture store. The store owners were understandably surprised by the verdict, considering the running toddler was her own son."

Whatever the details, 5 minutes worth of Googling shows that this is a famous invented case, fabricated to show the extent of lawsuit abuse. Fake news in its infancy:

http://usatoday30.usatoday.com/news/opinion/2005-01-30-tort-reform_x.htm

http://www.stellaawards.com/bogus.html

So good going, plagiarizing a fake news story.

Ow. The story WASN'T true? Well, I have another egg on my face!

Quote: Nathan

Ow. The story WASN'T true? Well, I have another egg on my face!

Worse things to end up with on your face.

Quote: Boz

Worse things to end up with on your face.

LOL. ;)