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LACE Law, LLC Legal Blog

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Can You Be Arrested for Trespassing at an Atlantic City Casino?

Yes. Casinos in Atlantic City are private property, and security can direct a person to leave. If you stay or return after receiving notice that you are not permitted on the property, police may arrest you or issue a summons. LACE Law defends people charged with casino crimes throughout Atlantic County, including Atlantic City casino trespassing cases.

What Counts as Defiant Trespass in NJ?

Defiant trespass generally involves knowingly entering or remaining in a place after notice that you are not licensed or privileged to be there. Notice can be communicated directly, posted, or conveyed through fencing or another enclosure designed to exclude people. At a casino hotel, common situations can include:

  • Refusing to leave after security directs you to go
  • Returning after receiving a written eviction or exclusion notice
  • Returning to a hotel or gaming area covered by a property-specific ban

If you receive a casino exclusion or eviction notice, keep the written document. The exact wording and scope matter. Some notices may apply to one property, while others may cover additional properties depending on the terms of the notice.

Can a Casino Self-Exclusion List Lead to an Arrest?

Self-exclusion and criminal trespass are not automatically the same thing. New Jersey’s self-exclusion program restricts participation in gambling. At the same time, a trespass charge generally depends on whether a person knowingly entered or remained after receiving notice that they were not permitted there. A separate casino exclusion or eviction notice can therefore become important.

N.J.S.A. 2C:18-3 Penalties in Atlantic County

Under N.J.S.A. 2C:18-3, defiant trespass is generally a petty disorderly persons offense. A conviction can carry:

  • Up to 30 days in jail
  • A fine of up to $500
  • A criminal record that may appear in background checks

Court costs and other assessments may also apply. Depending on the facts and a person’s record, an expungement may later be available.

The state must prove the elements of the offense, including the required knowledge. If notice was unclear, never received, or the available video shows that you left when directed, those facts may matter to the defense.

Protect Your Record After an Atlantic City Casino Summons

An arrest or summons arising from an Atlantic City casino may be handled in the Atlantic City Joint Municipal Court when the charge is a municipal-court matter. The exact court and procedure depend on the charge listed on your paperwork.

Call (609) 225-4065 before your scheduled court date, or contact us online. Atlantic County criminal defense lawyer Louis A. Casadia is a former prosecutor who can review the casino’s notice, the charge, and the available evidence.