Gambling Defense: A Prosecutor's Insight, Now on Your Side

The firm defends clients against the full range of felony-level gambling offenses, including: possession of a gambling device, gambling promotion, communicating gambling information, keeping a gambling place, internet gaming, and engaging in organized criminal activity related to gambling.

Because gambling offenses can be charged under both state and federal law — including 18 U.S.C. § 1955 (Illegal Gambling Business Act), 31 U.S.C. § 5361 (UIGEA), and 18 U.S.C. § 1084 (Transmission of Wagering Information) — the defense must account for both layers of exposure.

David Cavazos worked with federal, state, and local law enforcement — including HSI, FBI, DEA, and ATF — and has law-enforcement-level training in financial crimes, money laundering, digital evidence, and cell phone and computer extractions. He understands how gambling cases are built, how search warrants are drafted and executed, and how digital evidence is developed and challenged.

That insight is applied to building a defense: identifying weaknesses in the prosecution's case, challenging the legal characterization of the alleged operation, and using advanced investigatory techniques to reveal evidence that could exonerate his clients.

Texas heavily regulates gambling under Chapter 47 of the Texas Penal Code. Illegal gambling generally includes using real property as a gambling place, engaging in bookmaking, participating in the earnings of a gambling place, and acting as custodian of things of value bet or offered to be bet. A few narrow exceptions exist, such as certain charitable raffles and social gambling.

Penalties can be significant. Gambling promotion (§ 47.03) is a state jail felony; communicating gambling information (§ 47.05) and possession of a gambling device (§ 47.06) are Class A misdemeanors. Promoting high-stakes gambling may also implicate federal RICO exposure, and sentences can be enhanced when organized crime is alleged.

Facing illegal gambling charges does not mean a conviction is guaranteed. Depending on the facts of your case, one or more defenses may be available, including innocence (you did not know gambling was occurring on the property), mistake of law (the gaming machines in question do not meet the legal definition of "gambling devices"), mistake of fact (you reasonably believed the gambling was legal), absence of a bet or wager (money was not risked on an uncertain outcome), private games (the games played were private, nonprofit, and not illegal gambling under the law), game of skill (the game involved skill rather than chance), entrapment (law enforcement induced the crime), and illegal search (evidence was obtained through an unlawful search or seizure).

Sometimes the right strategy is negotiating with prosecutors for reduced charges or a complete dismissal; when plea deals come out of play, the firm is prepared to vigorously defend your rights at trial. Every case is different, but with the right defense strategy, you may avoid a conviction or minimize the fallout from the charges. Talk to us before speaking with investigators or prosecutors about your gambling place or activities — everything you say can be used against you.

If you operate a gaming establishment or game room in Texas, you must carefully manage your business and comply with the state's strict gambling statutes to avoid a felony gambling conviction. Key considerations include ensuring the state cannot classify your gaming machines or devices as illegal "gambling devices" under Texas law, never allowing sports booking, betting on games of chance, or other prohibited gambling promotion on the premises, avoiding any participation in — or cut of — illegal gambling occurring at your location, and refraining from advertising illegal gambling activities.

When in doubt, consult with a knowledgeable gambling attorney. Addressing potential issues proactively keeps your game room legal and above water — and steers you clear of criminal charges that put your liberty and livelihood at stake.

Gambling investigations frequently involve coordinated law-enforcement action, digital forensics, financial records analysis, and search warrants. The firm's experience with how these investigations are conducted — including drafting and approving search warrants for cybercrimes — allows it to evaluate the government's case critically and identify procedural and evidentiary issues.