Keeping a Gambling Place O.C.G.A. 16-12-23
Fight Your Keeping A Gambling Place Charge in Atlanta Georgia with a Yeargan & Kert, LLC Attorney
Certain gambling activities are illegal in Georgia. For instance, commercial gambling is any type of betting that is based on a final result of a contest or game. The game can be played with dice, cards or dice to play to win something of value such as money. You may be accused of Keeping A Gambling PLace if you allegedly do one for the following listed prohibited things. The elements are outlined in the criminal statute in Georgia. You cannot intentionally:
- Act as a custodian of value bet or offered value bet. This means you cannot hold the best for other people.
- Receive, forward or record a bet or offer to bet
- Operate or participate in earning of a gambling place
- Advertise, conduct or promote a bingo without a valid license
- Act as a custodian for pay for financial gain or any other type of gain
- Promote or create any type of lottery
- Contract to give yourself to sell, buy now or at a future time for stock or security of a company
- Sell chances where there is a margin of victim or a final result in a game or contest
You can also be charged with keeping a gambling place in Atlanta Georgia, according to statute 16-12-23.
What is Keeping a Gambling Place in Atlanta Georgia?
Illegal gambling includes betting on local and professional sports teams and poker games in your home. Illegal gambling also involves any type of lottery or raffle that is not for charitable purpose. The latter is defined under the 16-12-23 statute.
It is illegal for you to knowingly and intentionally allow any property you own to be used as a place to gambling. Your property could be:
- Real estate
You can be charged with keeping a gambling place if you do not own the property but control it. To control a property refers to you having the ability to decide who is allowed in or on your property.
If someone rents your property and it is later discovered that it was a gambling place, you will be in legal trouble.
The Penalty for Keeping a Gambling Place in Atlanta Georgia is a High Aggravated Misdemeanor
You do not face a felony charge for allegedly keeping a gambling place. You face a misdemeanor. If you are convicted of keeping a gambling place, you may receive 12 months of county jail time and a fine. The fine may range from $500 to $1,000.
You have Defenses Available to You to Fight Your Keeping a Gambling Place Charge in Atlanta Georgia
You have specific defenses to use to prove your innocence. For instance, you can show the jury or judge that you did not intentionally make or keep your property a gambling house. Other defenses are available too. You can plead not guilty to the charge. The not guilty defense is based on substantial evidence like witness testimony.
Understand the Criminal Defenses You have Available to You in a Gambling in Place Charge in Atlanta Georgia By Speaking With An Experienced Criminal Defense Lawyer At Yeargan & Kert, LLC
Having a place in Atlanta Georgia to gamble is illegal if you are not the state. However, just because you have been accused of the crime, you do not a legal defense to fight your case. Here are some common defenses available to you to fight your gambling in a place charge:
Lack of evidence in your gambling case. When the prosecutors decided to take a case to trial, they have to have enough evidence. Lack of evidence refers to you being arrested for a crime and the state still trying to find the evidence to convict you of commercial gambling. This fact is separate than having the evidence to prove your guilt beyond a reasonable doubt.
No intent to have your place as a gambling house. This charge explains that you had no intent at all to have a place where you or anyone else could gamble.
Insufficient evidence in your gambling case is the opposite of lack of evidence. The defense involves the state having evidence, but it not enough to take the case to trial. The state would not get a conviction and you would be proven innocent.
You do not want to take the chance of going through a trial. You would rather stop the case before it goes to trial and this is the defense that will make it happen.
No actual betting in the house. You did not allow any betting in your house that was for money or on a team or bingo.
You did not exchange any money in the house. Wagering money or anything of value is not allowed in a house. You can prove that you did not wager any money, it would be a great defense to use.
You have a defense to your gambling charge. You just have to figure out which defense is right for your case. You may not see the defense that will fit your circumstance, do not worry. You have plenty of defenses besides the ones listed in this section.
It is important to tell your attorney everything that happened regarding your keeping a gambling place. It is the only way you attorney can make a great defense that you need to prove your innocence and resolve you charge in your favor.
Fight Your Keeping a Gambling Place In Atlanta Georgia with the Help of Yeargan & Kert, LLC
Atlanta Georgia does allow forms of gambling like the state lottery. However, the state is strict about creating, continuing or hiding a gambling place in the state. A gambling place house illegal types of betting for pay. For instance, you cannot have a bingo hall in your property without having a valid license.
We know you may be terrified of the outcome of your criminal charge. That is why you need to be proactive. Go over the facts surrounding your arrest. Make sure you tell us everything that happened. This will let us build a tough defense for your keeping a gambling place charge. In addition, we will protect your legal rights which involves getting any damaging statements made to police during your interrogation.
Contact Yeargan & Kert, LLC today for a free case evaluation. Let’s resolve this charge so you can get on with your life.