Home Game Busted

Hello:

I was playing at a home game and it got busted. The game was in Virginaia. There was no money on the table nor in site. We were playing Texas Holdem and playing with chips. Myself and all the players were sited for illegal gambling: § 18.2-326

My question is what am I up against as far as beating this charge in court. Any help would be appreciated.

Seek immediate professional legal advise. The laws are different in different countries and indeed different states.

Was it actually in someone's house? What I would like to know is how they can come in to bust you at all? Unless someone reported the game, they saw the chips/game and that constitutes probable cause?

Stuff like this is what really ticks me off. It's not like you guys were cooking up some crack or something. If an adult wants to use their hard-earned money to play a little poker so be it. I'm tired of the government telling me what's best for me.

But tenbob gives sound advice. And I would definitely look into whether or not law enforcement had probable cause to enter someone's home like that.

They had a warrant and a cop has played in the game and that is who reported it. The game was at a home.

pzh0bm said:

They had a warrant and a cop has played in the game and that is who reported it. The game was at a home.

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Warrant for what? that statement you made here may be very beneficial to your case. As TB said get pro. help.

BTW warrants are very specific and should be, so if what the warrant was issued for and what took place there don't jive somethings up.

With no money on the table or in sight, they are on shaky grounds. Poker with no money on the table is just like playing monopoly, you use something else to represent money and that is not illegal. If the money is on the side in a big stack, you were collecting for a pizza delivery that you were about to call in to Pizza Hut (get the idea!). There is no house rake or anything, I hope. That will rule out running a gaming establishment which is another charge that could try and put against all of you. They did not have you bugged so I can assume they really don't know what was going on that night in particular.

Some other legal questions. Is this a felony or a misdemenor charge? If it is a felony, definitely get a lawyer. Those don't come off your record. How much is the fine? If the fine is under say $200, the lawyer's fee may cost more than the fine. Unless this being on your record will hurt you in the future, you may just pay it. What does the cop look like? Start looking for the cop off duty and get some revenge. I would like to find that policeman in a dark ally and kick six kinds of dog crap out of him. How could he rat out like that if he played there before?

This may be some kind of practical joke by the cop.

If it is legit and there are criminal charges, seek legal council. If it's a fine, fight it in court. There is no way that this can stick...

The game is a home game and it was a tournament with a 60.00 buy in. The operator takes 10.00 off the buy in. But he is providing food and drinks. Also he takes money off the pot to put it into a raffle where 2 names are drawn and they have a chance to win money. So the operator of the game is taking money but like i said he is providing drinks and food. The food is real food not hot dogs. He is providing ham, pizza, porkchops, chilli and subs. He is not providing all that food per game but thats the food he is providing. So 10.00 for all the soda or bottle water and food you can eat. I think thats worth the 10.00. I go for the fun and its just a bunch of guys playing cards. What I dont understand is we went to Iraq to give them there freedom. What about our freedom.

pzh0bm said:

The game is a home game and it was a tournament with a 60.00 buy in. The operator takes 10.00 off the buy in. But he is providing food and drinks. Also he takes money off the pot to put it into a raffle where 2 names are drawn and they have a chance to win money. So the operator of the game is taking money but like i said he is providing drinks and food. The food is real food not hot dogs. He is providing ham, pizza, porkchops, chilli and subs. He is not providing all that food per game but thats the food he is providing. So 10.00 for all the soda or bottle water and food you can eat. I think thats worth the 10.00. I go for the fun and its just a bunch of guys playing cards. What I dont understand is we went to Iraq to give them there freedom. What about our freedom.

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Now that makes this a little tougher being that the house is getting rake in other words, I can only speak of hawaii's laws and if the house is receiving rake than that is illegal, I see what you are saying that he provides grinds and drinks, but here it's still illegal.

I understand that it is illegal to take a rake. However I don't mean to sound selfish but I dont care about the guy running the poker room. What I would like to know is how can the police charge me with anything since gambling in a home game in Virginia isn't illegal.

I understand you are more concerned about yourself, I would be too. We just wanted to get thet whole picture so we can give you advice.

The rake is what may make it illegal. You have now been gambling in an establishment that takes part of your money, even if you get it back in food and drinks. I know that sounds stupid but that may be where they have you and it could be where the charges are coming from.

We can make all the guesses on earth but until you contact a lawyer in your area, you will not know anything for sure. I hope you can keep us up to date on what is happening, we all would like to know what happens to you.

No problem. I understand. I will keep this up to date. For right now I think I am going to just go to court represent myself and see what happens. If things turn out bad I will get a lawyer and appeal it. Also my charge is only a class 3 misdemeanor. 500.00 fine. I really think the prosecuting attorney is not going to try this. Here is a little tid bit also. I had none of my own money in the game. I gave no money to the operator. I had the operator put me in and if I lost then I would have written him a check. But we will se how this pans out. Thanks for any advice from all.

how big of a game was it? If this game was just people you know how did the cop get there???? Good luck with this.

I didn't bother reading the filler posts in between your original post and this.

If there was a rake taken: The game was illegal.
Homegame, in a private poker club or in a back alley, plus a rake = illegal.

What will happen to you?
Nothing, provided you were not the owner of the house, or employed as a dealer. You will go to court, and fight the charge, and it will be dropped.
Worst case scenario is you will have to pay a small fine. I would bet big on charges dropped.

OK: Now I read a bit more.
For the person who said that since there was no money in sight, they are wrong. Chips "COUNT" as money.

The fact that this was a $60 tournament, means 1 of 2 things.
1)The police department in your town have successfully eliminated all crime except jaywalking in your town.
Or,
2)This person runs this "home"game very frequently.
This "home"game, is actually a poker"club" run out of his "home".

I would bet heavy on option 2.

Fish: You are correct it was regular game and I have found out more information. They have been investigating this game for some time and they had an undercover cop in the game as well.

I dont think I have much to worry about.