According to the Orlando Sentinel, in June of 2012, Orange County Deputies interrupted an ongoing gambling operation at a condominium located in Waterford Lakes. This was a sophisticated operation, including a guard armed with a 9mm handgun. Police reported they found poker games in progress in the living room of the condominium as well as in a bedroom. In addition to the man with the gun who was acting as lookout, the police arrested a "money man" who was handing out chips and who had $1,680 in cash. The resident of the condo and a man from Orlando were both dealing cards. Investigators also found a poker table, cards, a ledger and chips.

In Florida, only the Native American ( in Florida, the Seminole) owned casinos are exempt from the state gambling laws. The state allows for social gambling, where a $10.00 limit is imposed. The offenses of Simple Gambling and of Aggravated Gambling often times appear to carry the same penalty; they are both considered a misdemeanor. The difference between simple gambling and aggravated gambling differs from state to state but is usually equivalent to whether or not someone is making money on a game of chance, over and beyond what they might make as a participant in the games themselves. It also deals with what one could call "professional".

Florida does not recognize the Dominant Factor Test. Where recognized, this test addresses whether the gambling is primarily a game of chance, or whether there is a larger element of skill than chance.
On July 1, 2003, Florida authorized card rooms to offer poker limits of $2.00 per bet, with a limit of three raises per betting round.

The incident reported by the Orlando Sentinel was obviously a "professional" operation. They simply had too much money present for it not to be. The facts speak for themselves. These four are very lucky that their lookout did not discharge the firearm he had in his possession, as this certainly would have been a felony.

When the law is clear-cut and obvious, or when case law is right on point, a lawyer's job is relatively easy; that is, unless the client is clearly guilty but wants to plead not guilty. In cases where the law is somewhat ambiguous, such as interpreting some parts the Florida gambling law, the job becomes much more difficult. Even though "simple gambling" and "aggravated gambling" both are prosecuted as misdemeanors, the judge will doubtless point out the difference to a jury and will also consider it in sentencing. It is still important to retain a lawyer that works on gambling charges in this situation to do a solid job deciphering the laws and making a solid defense for your criminal charges. Please call The Umansky Law Firm with any additional questions.

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped


Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed


Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication


Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped


Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

More Cases

Recent Personal
Injury Settlements


Scooter Accident


Car Accident


Car Accident


Government Liability Case


Back Injury

More Settlements