Setting Up or Promoting a Lottery
A conviction for setting up or promoting a lottery carries the possibility of a state prison sentence.Elements of Setting Up or Promoting a Lottery
In order to convict the defendant of setting up or promoting a lottery, the Commonwealth must prove beyond a reasonable doubt that:
- The defendant set up or promoted a lottery, disposed of something of value by means of a lottery, or aided a lottery; and
- The defendant intended to make the disposal of something of value dependent upon or connected with chance by numbers, a game, or another gambling device.
A lottery involves the payment of a price for the possibility of winning a prize, depending upon luck or chance. A person can “aid” a lottery by printing or writing lottery tickets, or by selling or offering them for sale, or by managing or conducting a lottery drawing.Common Defenses and Defense Strategies
- Defendants are often charged with this crime after a search warrant is executed and incriminating evidence is discovered. Evidence typically includes betting slips, lottery tickets, or video poker machines. The first step in these cases is to examine the search warrant and, if appropriate, file a motion to suppress the seized evidence.
- While a conviction for setting up or promoting a lottery carries potentially serious consequences, it is a relatively minor crime. Prosecutors can sometimes be convinced to dismiss these cases upon the payment of court costs and forfeiture of the machines. This is known as a “public peace” crime and some prosecutors do not want to commit their time and resources to pursuing what can be characterized as a victimless crime. Attorney Spring will aggressively seek to convince prosecutors that dismissal of these charges is appropriate in your case.
Given the serious consequences that can result from a conviction for setting up or promoting a lottery, you should hire an aggressive criminal defense attorney who has experience in litigating these types of cases. Attorney Chris Spring prosecuted these cases earlier in his career when he served as an assistant district attorney and since becoming a defense attorney, he has successfully defended individuals charged with violating the lottery laws. Having tried more than 150 cases before Massachusetts juries in both district and superior court, Attorney Spring has the necessary experience to guide you through the criminal justice system and present your side of the story to a jury.
It is always dangerous to speak to the police before first consulting with a criminal defense attorney. While you may believe that you are not providing the police with harmful information, your statement could end up incriminating you at trial. Police sometimes believe that small store owners who hide lottery machines in their businesses are connected to more sophisticated criminal enterprises. Therefore, detectives who work for the criminal bureaus of local police departments may be interested in talking to you if you were found in possession of any type of lottery machine. Contact Attorney Spring immediately to schedule a free consultation at your home if the police are trying to speak to you.