Legal Question in Civil Litigation in Missouri
I paid for a product and went to pick it up, they refused to give it to me, what are my rights?
It was a personal photograph order, that was pre-paid for, and I had all receipts, releases, etc. with me. The clerk still refused to give me my portraits, when I tried to take them, she destroyed them, and scratched me. In an automatic reaction, I slapped her for hurting me and damaging my property. Now I am facing an assault charge, and she is facing nothing! The company has already reprinted my pictures and gotten them to me, admitting her fault.
2 Answers from Attorneys
Since you say you have your photographs, you remain with just the claim for the assualt and battery by the clerk. The fact that you were charged with assault in a criminal action may work against you prevailing aginst the clerk and the company. But, you might still win.
Good luck
You definitely need to hire a criminal defense attorney to defend the assault charge! If you do not already have an attorney you may call me for a free telephone consultation. I might be able to help you.