Practice Areas
Greater Houston Gambling Charges Lawyer
Texas has some of the strictest gambling laws in the country. This fact often comes as a surprise to visitors and residents of the Lone Star State — you would think that Texas, with its love of freedom, and iconic Texas Hold ‘Em, would be open to all games of chance, but state law says otherwise.
Whether you are accused of operating an illegal gambling establishment, participating in unauthorized betting, or any other gambling-related offense, the consequences can be huge. Attorney Amanda Skillern has helped many clients who were unaware that they were breaking the law by gambling in Texas and will fight diligently for you. Contact the Law Office of Amanda Skillern, PLLC, today at 346-291-0432 to discuss your case in a free consultation.
Gambling Offenses in Texas
In Texas, gambling is heavily regulated, and various related activities are considered criminal offenses under state law. The specific definitions and penalties for these activities are outlined in the Texas Penal Code, Title 10, Chapter 47. Here is an overview of the primary gambling offenses in Texas and their associated penalties.
Illegal Betting
According to Section 47.02 of the Texas Penal Code, it is illegal to place a bet on the outcome of a game, contest, political election, or any other type of performance. This includes playing any game of chance for money or other things of value. Engaging in betting is considered a Class C misdemeanor in Texas, punishable by a fine of up to $500.
Gambling Promotion
Section 47.03 defines gambling promotion as knowingly operating or participating in the earnings of a gambling place, engaging in bookmaking, or selling chances in any gambling event. This includes custodianship of anything of value bet or offered to be bet. Promoting lotteries or selling lottery tickets also falls under gambling promotion. Gambling promotion is a Class A misdemeanor punishable by up to one year in jail and up to $4,000 in fines.
Keeping a Gambling Place
According to Section 47.04, it is illegal to knowingly use or permit another to use any property for gambling. This includes real estate, buildings, rooms, vehicles, and boats. Renting or letting a property with the expectation that it will be used for gambling also constitutes an offense under this statute. Keeping a gambling place is a Class A misdemeanor in Texas, punishable by up to one year in jail and up to $4,000 in fines.
Communicating Gambling Information
Section 47.05 prohibits the intentional communication of information regarding bets, betting odds, or changes in betting odds to further gambling. This includes providing, installing, or maintaining equipment for transmitting or receiving such information. Communicating gambling information is treated as a Class A misdemeanor, punishable by up to one year in jail and up to $4,000 in fines.
Possession of Gambling Devices, Equipment, or Paraphernalia
According to Section 47.06, it is illegal to possess, manufacture, transfer, or own any gambling device, equipment, or paraphernalia with the intent to further gambling. This includes any altered equipment designed to improve winning chances. Possession of gambling devices or paraphernalia is a Class A misdemeanor, punishable by up to one year in jail and $4,000 in fines.
Online Gambling
While not explicitly mentioned in the Texas Penal Code, online gambling falls under the general prohibitions against gaming. The use of the Internet to facilitate gambling activities can lead to charges under various sections, including gambling promotion and possession of gambling devices. The state’s laws are applied to online activities, but you could also potentially face federal charges under the Unlawful Internet Gambling Enforcement Act.
Common Legal Defenses to Gambling Charges
If you are facing gambling charges in Houston, it’s important to understand the possible defense strategies. A knowledgeable Houston gambling attorney can evaluate your case and help you determine which strategies may apply.
Lack of Intent
One common defense against gambling charges is demonstrating a lack of intent to engage in illegal gambling activities. This defense asserts that you did not knowingly participate in or promote gambling but may have been present in a location where gambling occurred without actively taking part.
Legal Exemptions
Certain activities may be exempt from the definition of illegal gambling under Texas law. For example, participation in the state lottery or engaging in lawful wagers authorized by specific codes may provide a defense against gambling charges. Proving that the alleged gambling activity falls within these legal exemptions can lead to a dismissal or reduction of the charges.
Texas law also provides an exception for gambling activities conducted in private places. This includes private homes and private membership clubs. (Many poker clubs in Texas charge a membership fee but do not derive profits directly from gambling.) If you can prove that the alleged gambling occurred in a private setting, this may be used as a defense against gambling charges. You must demonstrate that no economic benefit was gained beyond personal winnings, and all participants had equal chances of winning or losing.
Constitutional Defenses
Constitutional defenses challenge the legality of law enforcement actions. A Houston gambling defense lawyer may challenge the admissibility of evidence by proving constitutional rights violations, such as unlawful searches and seizures. By holding law enforcement accountable for unconstitutional conduct, your lawyer can seek to suppress evidence against you and weaken the prosecution’s case.
Entrapment
Entrapment may be a valid defense strategy in cases where law enforcement induces you to engage in illegal gambling activities that you would not have otherwise committed. Your Houston gambling charges lawyer can argue that you were coerced or persuaded by law enforcement agents to participate in unlawful gambling.
Steps to Take if Charged with a Gambling Offense
If you find yourself facing gambling charges in Texas, it is important to take immediate and appropriate steps to protect your rights and make your future defense as strong as possible.
- Stay Calm: When approached by law enforcement, remain calm and respectful. Avoid arguing or resisting, as this can lead to additional charges. Politely decline to answer questions without a lawyer present.
- Exercise Your Right to Remain Silent: You have the right to remain silent. Refrain from providing any statements or explanations to the police, as anything you say can be used against you in court. Clearly state that, before you answer any questions, you wish to speak with an attorney.
- Contact a Lawyer Immediately: Reach out to a Houston gambling charges lawyer as soon as possible. With her extensive experience in handling gambling charges in Texas, Attorney Amanda Skillern can provide the guidance and representation you need. Early intervention by an experienced attorney can positively impact the outcome of your case.
- Gather and Preserve Evidence: Collect any evidence that may support your defense. This includes documents, receipts, or communications that could demonstrate your lack of intent or involvement in illegal gambling activities. Share this information with your lawyer to help build a strong defense.
- Follow Legal Advice: Listen carefully to the advice provided by your attorney. Amanda Skillern will explain your rights and help you understand your options. Following her recommendations can improve your chances of a favorable outcome.
How Can a Houston Gambling Lawyer Help?
If you are charged with illegal gambling, your choice of legal representation matters. Amanda Skillern is a former Assistant District Attorney who is thoroughly familiar with Texas gambling laws and knows how to put together and present a compelling defense.
Amanda Skillern will start by conducting a detailed evaluation of your case. She will review the charges, examine the evidence, and discuss the circumstances surrounding your arrest. This thorough assessment helps identify the most viable defense strategies tailored to your specific situation.
Once all options are reviewed, Amanda will work diligently to develop a robust defense on your behalf. Whether it involves demonstrating a lack of intent, proving legal exemptions, or challenging the admissibility of evidence, she will use her knowledge and experience to fight for you. In some cases, negotiating a plea bargain may be the best option, but Amanda is a skilled negotiator who will work to secure the most favorable terms possible for you.
If your case goes to trial, Amanda Skillern will provide strong representation in court. She will advocate for you, present your defense clearly and persuasively, and challenge the prosecution’s evidence and arguments. Her courtroom experience and dedication to your case are invaluable assets during trial proceedings.
With Attorney Amanda Skillern by your side, you can face your gambling charges with confidence, knowing you have a dedicated advocate fighting for your rights and working towards the best resolution for your case.
Get a Free Consultation From a Houston Gambling Attorney
Facing gambling charges in Texas can be alarming, but Attorney Amanda Skillern offers the legal knowledge, personalized attention, and unwavering support you need to tackle these challenges head-on. From the initial case evaluation to courtroom representation, she will stand by your side, fighting for your rights and working tirelessly to achieve a positive resolution for your case.
Don’t leave your future to chance. Contact the Law Office of Amanda Skillern, PLLC today to schedule a free consultation and take the first step towards protecting your rights and securing the legal support you deserve. For more information, contact our office online or call 346-291-0432.
