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Improperly Treated or Imprisoned at a Casino

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If you’re headed out for a night of gambling, it may not occur to you that you could be improperly detained or mistreated in a casino. But that’s exactly what has happened in a number of cases in Pennsylvania and around the country.

Multiple plaintiffs have sued casinos for violations of their civil rights and other allegations of harm, and some cases have been settled. If you’re accused of illegal behavior in a casino — including fraud, cheating, or theft — and you’re detained for a long period of time, physically abused or neglected, it’s important to work with an experienced criminal defense attorney. You may be entitled to compensation for injuries or for violations of your rights.

False Imprisonment, Assault Alleged

In one case, a long-time Philadelphia police officer was caught using a card-counting device at a Bensalem casino. The officer later sued the casino for improper treatment. He said he was playing blackjack when several casino representatives instructed him to come to another part of the building and empty his pockets, which contained a card-counting or memory tool.

The plaintiff in the lawsuit said his ankle was handcuffed to a bench while the defendants questioned him. He also said he was taken to a bathroom and told to remove his clothing, stand still and remain quiet or the defendants would physically injure him.

The defendants then allegedly performed a strip search and cavity search on the plaintiff. Meanwhile, a casino security guard held the bathroom door open, allowing employees walking by to view the plaintiff with no clothes on and being strip-searched.

In another recent case, a man who won a $2,000 jackpot sued an Ohio casino for malicious prosecution and false imprisonment after he was detained as he left the facility. The complaint named as defendants three Cincinnati police officers; the city settled that portion of the plaintiff’s case.

What Rights Do Casinos Have?

If you’re a regular gambler, you should be aware that casinos have significant legal rights against individuals accused of illegal actions or behavior that violates casino policy. In general, casinos can:

  • Bar individuals from entering the facility or from playing.
  • Stop a patron from engaging in intimidating behavior toward employees or other patrons.
  • Remove a patron for excessive drinking.

In some cases, casino security personnel may legally hold a patron until law enforcement officers arrive. But if you’re held for an excessive period of time or if you are physically abused or neglected, you should consult with an experienced criminal defense attorney about your case.

Your Rights as a Patron

If you don’t understand how a game works or need help with understanding casino rules and regulations, you can ask casino personnel for assistance. And while casino employees have the right to ensure that you follow the law and the casino rules, they do not have the right to illegally mistreat you.

In Pennsylvania’s non-tribal casinos, both federal and state laws apply. Even if you’re accused of committing an illegal act, casino employees — including off-duty police officers working security — do not have the right to assault you, harm you physically or otherwise treat you in an abusive manner.

Different Rules in Tribal Casinos

You should be aware that the rules are somewhat different in tribal casinos nationwide. For gamblers who are skilled in card-counting, playing in a Native American-run casino can be risky; winners have reported wrongful detentions, seized winnings and abusive treatment.

Many casinos blacklist or ban players who appear to have an unfair advantage. But in tribal casinos, legal options are limited for gamblers who feel they’ve suffered mistreatment. Properties owned by Native Americans typically are protected against lawsuits due to laws that recognize tribal sovereignty.

Two recent federal lawsuits are testing that traditional immunity, however. In one case, three players from China allege that a Connecticut casino illegally seized $1.6 million that the trio used as front money along with more than $1 million in winnings. The casino kept the money after accusing the players of cheating at mini baccarat.

The three gamblers said they were not allowed to use an attorney of their choice during proceedings, which ended with a ruling against them by the tribal gambling commission. When the three sued in federal court, the suit was dismissed after the casino owners argued for immunity.

In an Arizona case, a player said that after winning a large sum of money in a tribal casino, he was was assaulted — including having his genitals grabbed — by police officers who did not identify themselves. He filed a lawsuit alleging that he was kidnapped, handcuffed and forced into an isolated room of the casino, where he had money stolen from him. In that case, a federal judge ruled that sovereign immunity did not apply.

Seek Legal Assistance for Casino Mistreatment

If you believe you’ve been illegally detained, assaulted or otherwise mistreated in a Pennsylvania casino, it’s important to work with experienced legal counsel to ensure that you are appropriately compensated and that your rights are protected. For a free consultation, contact DeLuca, Ricciuti & Konieczka.

Arrested at a Casino in Pennsylvania

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casino-theft Although patrons have some rights when visiting a casino, he or she should also realize that the casino has more rights than its patrons do. For example, a casino (or group of casinos) has the right to bar an individual from playing at their establishments.

Rights of Casinos

The casino has a right to intervene when a patron is acting rudely to and/or intimidating another player or staff member. Furthermore, an individual who is extremely intoxicated may be removed from the premises. This task is easy to accomplish in the state of Pennsylvania because gaming laws are closely monitored; therefore, Pennsylvania Troopers remain at the state’s casinos 24 hours a day.

Possible Charges Following an Arrest in a Pennsylvania Casino

Disorderly Conduct

If a patron at a casino gets upset and makes a scene, the casino may have them charged with disorderly conduct and arrested.

Trespassing

If an individual is asked to leave the casino and he or she tries to return, the individual will be charged with trespassing.

Felony Criminal Trespass

An individual permanently banned from a casino who disregards this ban may be charged with a felony criminal trespass.

Forgery

Individuals who write a bad check to a casino in Pennsylvania are charged with a crime; therefore, an arrest warrant is issued.

Counterfeiting

Due to the dim lighting, an individual may consider passing counterfeit money at a casino; however, cameras are located throughout the casino, which means that all transactions are filmed. Furthermore, to ensure that the money they collect is authentic, staff members utilize counterfeit bill detector pens.

Most Common Crimes in Casinos

Theft remains the most common criminal charge made against casino patrons in the state of Pennsylvania. Chip stacking or stealing chips are common charges; however, because Pennsylvania does not have a ‘found money’ doctrine, the most common theft crime relates to an individual cashing out a slot machine that belongs to another patron or picking up chips, or cash off the floor of the casino.

Reasonable Efforts Must Be Made to Find the Owner of Lost Property

Outside of the casino, as long as reasonable efforts have been made to locate the true owner of the found property and the true owner does not come forward to claim it, the lost property does eventually go to the finder; however, due to the video surveillance throughout casinos, it is likely that the casino will be able to locate the true owner of the money, slot machine winnings or chips. For this reason, neglecting to turn these items in is considered a form of theft in the state of Pennsylvania.

Rights Following an Arrest at a Casino in Pennsylvania

Following an arrest, whether an individual is an American citizen or not is irrelevant: Certain constitutional rights pertain to both citizens and non-citizens.

  1. The first thing you need to know is that you are not required to speak: Anything that you say can be used against you in court.
  2. You can request to have an attorney present during your questioning. For the most part, answering questions should be postponed until you have your criminal defense attorney present. When you ask for an attorney, the police officer should cease questioning you.
  3. Individuals who cannot afford an attorney will have one appointed to them.
  4. You have the right to know what crime(s) you are being charged with, as well as the identity of the officers who are arresting/questioning you.
  5. Once you have been booked, you should be allowed to use the telephone to contact your attorney, a bonds person, family or friends.

These are referred to as your Miranda Rights: If the arresting officer(s) neglect to give you these warnings, your attorney can request that any statements made to the police prior to you being given your Miranda Rights be considered inadmissible in the courtroom.

When Miranda Rights Do Not Apply

If you offer information to the police that is not a direct response to one of their questions, your Miranda Rights do not typically apply; however, keep in mind that even if you originally begin speaking to the police, you can choose to discontinue speaking at any point in time.

Preliminary Hearing

Within 48 hours of your arrest, a preliminary hearing is held to determine whether there is an adequate amount of evidence to support any charges against you or probable cause for your arrest. If the judge rules that there is enough evidence to convince a reasonable person that you committed the crime for which you are being charged, he or she will set the terms of your release.

Terms of Release

Typically, the terms of release will include a monetary bond (as set by the judge); however, other restrictions may also be included.

These additional restrictions may include:
  • Not Possessing or using weapons.
  • Checking in with a Pre-Trial Release Officer.
  • Avoiding contact with any alleged victims in your case.

Bail Bonds

A court orders bail bonds to insure an individual will appear in court on the day of his or her hearing. The amount of bail a judge sets is usually determined by the seriousness of your offense, whether or not you have neglected to appear in court for other offenses (including traffic tickets), your connection to the community, prior criminal records and the overall probability that you will appear in court. If a bond is set too high for you to afford, your criminal defense attorney can file a motion requesting that the judge reduces your bond amount.

If you have been arrested in a Pennsylvania casino and are in need of an experienced criminal defense attorney, contact the law office of DeLuca, Ricciuti & Konieczka today.

Teen Sexting Laws in Pennsylvania

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teen sexting laws With the advent of smartphones has come a problem that’s perplexing parents and educators alike: An increasing number of teens are sending partially or fully nude photos of themselves to other teens. The FBI defines sexting as sending or receiving photos of a sexual nature, generally by cell phone, and estimates that between 4 and 31 percent of youths have sexted.

Sexting typically involves images sent between two people in a relationship, the FBI reports, but the photos often are shared beyond their intended recipients. Sexting can fuel cyber bullying and can have emotional, behavioral and psychological impacts for teens at both ends of the cell phone. Educators, parents, and lawmakers nationwide are struggling with ways to curb the practice and dole out age-appropriate punishments. How does Pennsylvania law address sexting among teens, and what are the penalties?

Teen Sexting Laws in Pennsylvania

Pennsylvania has a law on the books that specifically addresses transmission of sexually explicit images by minors. The law provides that a minor commits a “summary offense” when he or she:

  • Knowingly shares, distributes, or publishes electronic communications including a sexually explicit image of himself or herself.
  • Knowingly has possession of or views a sexually explicit image of a minor who is age 12 or older.

The law does not apply to “accidental or inadvertent” viewing of such images. A “sexually explicit image” is defined as a lascivious or lewd depiction of the pubic region, genitals, buttocks or breasts of a minor, if the nudity is shown for the “sexual stimulation or gratification” of the person viewing the nudity.

Criminal Penalties for Teen Sexting

With a few exceptions, teen sexting — knowingly transmitting, distributing, publishing or disseminating electronic communications containing a sexually explicit image of a minor who is at least 12 years old — typically constitutes a third-degree misdemeanor under Pennsylvania law. The charge may be upgraded to a second-degree misdemeanor if the minor defendant intends to intimidate, harass or coerce another minor by:

  • Recording an image of a minor who is either partially or fully nude without the minor’s knowledge and consent.
  • Transmitting, distributing, publishing or disseminating such an image without the minor’s knowledge and consent.

Judges in teen sexting cases are advised under state law to refer violators to a “diversionary program,” an educational course that covers both legal and nonlegal effects of the sharing of sexually explicit images. Individuals who successfully complete such a program may have their records expunged of the charges.

Adult Sexting

Sending and receiving sexually suggestive images between consenting adults generally is not against the law. However, some behaviors related to sexting do run afoul of Pennsylvania law when minors are involved.

Both adults and minors can be charged under the state’s child pornography laws and laws that relate to the sexual abuse of children. The laws address the illegality of videotaping, photographing or otherwise depicting sexual acts or the simulation of sexual acts involving people under age 18. Selling or distributing such materials also constitutes a criminal offense. In addition, an individual who intentionally views or possesses any materials depicting child pornography engages in a criminal act.

The law also prohibits disseminating sexually explicit materials to people under age 18. Such materials are defined as photographs and other representations that show nudity or sexual conduct that is considered harmful to minors.

The laws relating specifically to teen sexting exclude images of sexual intercourse and other sexual acts; such images are covered under child pornography laws.

Is Teen Sexting Child Pornography?

Despite having laws on the books specifically addressing teen sexting, Pennsylvania has prosecuted teens under child pornography laws. In Greensburg in 2009, child pornography charges were filed against six teens who allegedly created, distributed and possessed nude or partially nude photos taken by 14- and 15-year-old girls, who then emailed them to three teen boys.

And in Allentown, several 13-year-old girls had their phones confiscated by school administrators after taking partially nude photos of each other and disseminating them to other students’ phones. School personnel reported the girls to police, and prosecutors moved forward with filing charges. Ultimately, 17 students agreed to take a class on sexual harassment in lieu of prosecution.

Contact Attorneys Experienced with Sexting Charges

If your teen child is charged with an offense related to sexting, you need professional legal representation to ensure that your child’s record is not permanently damaged. For a free consultation about your specific case, contact the experienced attorneys in the Pittsburgh law office of DeLuca, Ricciuti & Konieczka.