While adults can gamble in the Garden State, those under 21 could get in major trouble if they try to do so. Underage gambling might not seem like a big deal. But if you’re caught, you might be surprised by how serious the punishments can be. It’s not just a matter of not being able to claim your winnings. Underage gambling is a crime.
The rise of mobile apps and online gaming platforms has made it easier than ever for underage people to access gambling sites – but the last thing you want to gamble on is a criminal record. If you’ve been charged with underage gambling in New Jersey, a skilled defense attorney can help protect your rights and your record.
Underage Gambling Charges in New Jersey
Under New Jersey law, it is illegal for anyone under the age of 21 to gamble in a licensed casino or simulcasting facility in New Jersey. The law specifically prohibits underage people from being on the gaming floor, placing bets, and trying to gamble. You can walk through the casino floor to reach another destination, but the moment you try to remain on the floor, you’ve violated the law.
Anyone under 21 also cannot participate in underage online gambling, like sports betting or online poker. Despite age-verification requirements, minors often find ways to bypass system safeguards, especially on online betting apps and websites.
The underage gambling law is a disorderly persons offense, New Jersey’s equivalent of a misdemeanor. Casinos and gambling operators are legally required to check identification and prevent underage access. If a minor is caught gambling or attempting to gamble, they may be escorted off the premises and face criminal charges in municipal court. In some cases, the gambling establishment may also report the incident to regulatory authorities.
It’s important to know that parents and guardians can also be charged for letting you gamble. Anyone who knowingly lets a minor in their care gamble (or try to gamble) in a casino can be prosecuted under the same law.
Penalties for Underage Gambling
Underage gambling can lead to more than just a slap on the wrist. If convicted, you could face:
- Fines from $500 to $1,000
- Up to six months in jail
- A criminal record
Even though this offense isn’t a felony, it will appear on background checks. Your record can impact college admissions, financial aid eligibility, scholarships, internships, housing applications, and job prospects.
If you used a fake ID to enter a casino or place a bet online, the situation is more complicated. Law enforcement may pursue additional charges, such as possession or use of a false government document, identity fraud, or criminal impersonation. These are separate crimes with their own penalties – some of which are severe.
It’s important to take an underage gambling charge seriously and work with a knowledgeable New Jersey criminal defense attorney as soon as possible.
Criminal Process for Underage Gambling Charges
The legal system can be intimidating, even for a disorderly persons offense. Fortunately, a good criminal defense attorney will help you understand your charges and what to expect in court.
Here’s a basic overview of the initial process:
- On-site detention – If you’re caught (or suspected of gambling), the casino security or staff may detain you and ask to verify your age. Law enforcement may be called to the scene.
- Summons to appear – Next, you’ll usually be issued a summons. A summons is a formal notice requiring you to appear in municipal court on a specific date. This is not optional, so you must make every effort to appear on time and be prepared. Missing a court date can result in additional penalties.
- Initial appearance – At your first court appearance, the judge will review the charges and advise you of your rights.
- Prosecutorial review and negotiation – The municipal prosecutor will then review the case. In some situations, especially for first-time offenders, you may have the opportunity to resolve the case. This can be through a diversion program or dismissal.
Note that if you’re under 18, the case will be heard in family court. Family court follows a different process and is focused more on rehabilitation than punishment. However, the court still has the authority to impose serious penalties.
If your case cannot be resolved through an alternative sentencing option, your attorney will guide you through the next steps.
Be sure to take all court appearances seriously. Judges have the discretion to impose the maximum penalties allowed by law – and they’re far less likely to be lenient if a defendant appears dismissive, unprepared, or unrepresented. Working with a defense attorney can make a significant difference in your case’s outcome.
Potential Defenses to Underage Gambling
Every case is different, and a good defense is tailored to your unique situation. A skilled defense attorney can evaluate the circumstances and build a strategy aimed at dismissing the charges, securing a not guilty verdict, or mitigating the penalties. Some common defenses include:
- Lack of intent – If you didn’t intend to gamble, the prosecution may not be able to prove you committed the crime. For example, perhaps you believed you were playing a free or entertainment-based game without understanding it involved real money.
- Mistaken identity – Casino surveillance footage isn’t always clear, and ID cards can be stolen. If someone used your ID or security personnel misidentified you, this may be a strong defense.
- Insufficient evidence – Your attorney may try to argue that you didn’t actually make a wager (or try to make one). If no money changed hands or you never placed a bet, the case may not hold up.
Your background and criminal history will also affect potential defenses. For example, judges and prosecutors may be more lenient if it’s your first offense. Strong academic and work records also support the argument that this was a one-time mistake. Your attorney may advise you to volunteer for counseling or anti-gambling educational programs, as well.
Ultimately, your outcome will depend on multiple factors – including the quality of your representation. Be sure to work with an experienced criminal defense lawyer who will tailor your defense to your specific case.
Can an Underage Gambling Offense Be Dismissed?
Underage gambling charges can sometimes be dismissed, especially if you are a first-time offender. Courts recognize that young people often make mistakes. The legal system does provide alternatives to a permanent criminal record in certain cases.
Conditional Dismissal
New Jersey offers several diversionary programs. One common option is a conditional dismissal. This allows the case to be resolved without a conviction, as long as you comply with specific court-ordered conditions. The conditions might include being on probation, avoiding further legal trouble, and attending educational programs. Minors may be eligible for a deferred disposition through the juvenile justice system.
These alternatives tend to demonstrate responsibility and a willingness to make amends. They’re also helpful for better understanding the risks associated with gambling and other behaviors.
De Minimis Motion
In some cases, your criminal defense lawyer may also be able to file a de minimis motion with the court. The law allows the judge to dismiss a criminal offense if the conduct is too trivial to warrant prosecution – whether the defendant is actually guilty or not. With the right case, underage gambling could warrant a dismissal and allow you to avoid a conviction altogether.
Expungement
If your charge does result in a conviction, you may still be able to expunge the conviction after the required waiting period. Expungement removes the offense from public view. This helps protect your future educational, housing, and employment opportunities.
Do I Need a Lawyer for Underage Gambling Charges?
While you can represent yourself in court, it’s not advisable – especially if you’re hoping to avoid conviction. A skilled attorney can advocate for you throughout the entire process, whether that includes challenging the evidence, asking for diversion programs, filing motions for dismissal, or helping you expunge the conviction.
However, it’s important to hire an attorney as soon as possible. Early legal intervention can make the difference between the maximum sentence or a positive outcome.
Contact Our Criminal Defense Attorneys in New Jersey for Help with Your Case
If you were caught gambling underage in Atlantic City or anywhere else in New Jersey, you need to treat the charges with the severity they deserve. Seeking legal advice should be the first step you take. With the right defense strategy, there may be options to dismiss the charges and protect your future.
The Law Offices of Jonathan F. Marshall has over 200 years of combined experience representing clients across New Jersey. We handle cases in municipal and family courts throughout the state and offer practical guidance every step of the way. Our team is very familiar with how underage gambling cases work, as we have not only handled many underage gambling charges, but the head of our firm was also formerly employed at the Casino Control Commission. We also have a history of favorable results and testimonials.
Contact us today for a free initial consultation to discuss your case and learn how we can fight for the best possible outcome.
