What are the Rights of Patrons When Facing Accusations of Casino Crimes?
You may not enter a casino in Atlantic City with the intention of getting arrested, but sometimes things happen. You might end up in a fight with a drunk patron. Maybe you have been accused of cheating or trespassing.
Whatever the situation, it is essential to understand your rights. When you have been arrested for a crime, you have legal rights. This is true whether or not you are a patron of a casino.
If you have been accused of a casino crime in New Jersey, you have certain legal rights under both New Jersey law and the U.S. Constitution.
Rights Under New Jersey Law
The state has various criminal laws and rights outlined under the Rules of Court. Some important ones include:
- Right to know the charges. You must be informed of the exact charges against you and receive a copy of the complaint or indictment.
- Right to a speedy and public trial. You have the right to a prompt and open trial before a fair and impartial judge or jury.
- Right to bail or pretrial release. Under New Jersey’s bail reform laws, judges decide pretrial release based on risk assessment instead of ability to pay. You can only be detained if you’re considered a flight risk or a danger to the public.
- Right to confront witnesses. You can see, hear, and cross-examine witnesses who testify against you. This helps challenge the credibility or accuracy of their statements.
- Right to present a defense. You can call your own witnesses, present evidence, and testify on your own behalf (though you cannot be forced to testify).
- Right against unreasonable search and seizure. Police must have probable cause and, in most cases, a warrant to search you, your home, or your belongings. Evidence obtained illegally can be suppressed.
- Right to discovery. You have the right to access evidence and police reports that the prosecution intends to use. This ensures you can prepare a proper defense.
Rights Under the U.S. Constitution
Regardless of the crime, people accused of crimes have several fundamental rights derived from the U.S. Constitution:
- Presumption of innocence. The accused are presumed innocent until proven guilty beyond a reasonable doubt.
- Right to remain silent. Under the Fifth Amendment, the accused has the right not to say anything that might incriminate them.
- Right to counsel. The accused has the right to an attorney. If they cannot afford one, one must be appointed.
- Right to be informed of the charges. A person who is arrestedmust be told what charges are being brought. They must also be given a copy of the complaint or indictment.
- Right against unreasonable searches and seizures. The Fourth Amendment prohibits unreasonable searches of persons and property and may apply to devices, cards, surveillance, and other items found in a casino setting.
Contact Us Today
A lot of illegal conduct goes on in a casino, such as underage gambling, cheating, assault, and disorderly conduct. If you have been accused of a crime, you need to understand the charges against you.
As an experienced Atlantic City casino crimes lawyer, Melissa Rosenblum can defend you. We have a long track record of aggressive fighting to protect our clients’ legal rights. Contact us via (609) 904-6262 or online here to schedule a consultation.