Can I beat a rap for reselling tickets for 5.00 less at an amusment park for tickets i was not going to use?

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Can I beat a rap for reselling tickets for 5.00 less at an amusment park for tickets i was not going to use?

I was detained and issued a summons to appear in court for Peddling tickets at an amusment park. Did i violate the law being scalping is legal in NYS? also, i was given a ticket for driving with a suspended license while WALKING out of an amusement park during the same incident. Can i beat that rap, too? Finally, they searched my vehicle while i was detained and ripped the interior of my car appart ( seats, rear seats, dash board, trunk, spoiler, etc. ) can i be compensated for the damages to my vehicle?

Asked on May 13, 2009 under Criminal Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to hire a criminal defense lawyer in New York, preferably one with an office near the amusement park. One place to look for qualified counsel is our website, http://attorneypages.com

I'm not a New York lawyer.  But my quick review of the scalping statute suggests to me that you only break that law by reselling tickets at a profit.  To be found guilty, all parts of that offense have to be proved beyond a reasonable doubt, so this might well be worth fighting.

The answer to the rest of your questions will depend on a number of other details about what happened, and I think the same lawyer will be able to discuss all of that with you.  Ordinarily, what the police did to your car is not something you can be compensated for, if it was done during a search with probable cause and it was reasonable, based on what they were searching for.  However, probable cause (which can be a tricky question) might turn out to be a problem for the police in this case, depending on those details.


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