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Ask Loren Your Own Question
Loren, Attorney
Category: Legal
Satisfied Customers: 28510
Experience:  30 years experience representing clients.
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My friend purchased a sword as a gift to s children 's

Customer Question

My friend purchased a sword as a gift to his children for Father's Day from a Medieval Fair Gift shop, went into a shop to have it engraved with his son's name and was assaulted by the shop owner, had a gun held to his head, violently thrown to the ground, and then hog tied. Police then arrived and without asking any questions, locked him up and have charged him with "Unlawful possession of a weapon".
Need great Civil Rights lawyer to take up this case on a contingency basis to sue (a) seller of the sword (is it an unlawful weapon?) (b) the shop owner who assaulted him and (c) the Police - kept him locked up for 2 nights incommunicado.
Submitted: 3 months ago.
Category: Legal
Expert:  Loren replied 3 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Why were the police called to the scene?

Has he appeared in court on the criminal charge?

Does he have any reason to believe that he was targeted due to his race, religion, ethnicity, etc.?

Does he have physical injuries for which he received medical treatment?

Did he brandish the sword or threaten anyone with it before he was arrested?

Customer: replied 3 months ago.
2. Yes he was definitely profiled as a terrorist 3 yes he has suffered injuries and great trauma 4. No - he went in, saw something he wanted to buy, put the sword on the floor and was looking at the light he was interested in and the owner came from behind, put a gun to his head. Started yelling get it then threw him output his foot on his chest and tied him up 5 yes he had a court appearance and the judge apparently looked at the charge sheet and threw it down saying I don't see a charge but did not release him
Customer: replied 3 months ago.
I do not mind paying $75 for phone discussion but need your exp n credentials for this case
Expert:  Loren replied 3 months ago.

Thank you for the additional information.

Yes, if he was attacked for his race or religion then he would have cause of action against the store owner. It is essential to his claim that the criminal matter be dismissed. In other words, his first step MUST be to retain a criminal defense attorney to get the UPW charge dismissed. Otherwise, the civil rights claim is a non-starter. He can not plead to a lesser charge either.

Once the criminal charge is disposed of, he can pursue a civil rights claim, as well as assault and battery claims against the store owner who attacked him. The police may be a bit more difficult to prove since your facts do not state that they really did anything more than take him out and charge him based upon, not doubt, the store owner's complaint. However, if your friend sought their help and they offered none, due to his race, religion, ethnicity, etc., then that would be the basis for a claim against the county or city.

Customer: replied 3 months ago.
I wld like to hire a civil rights att willing to take this on, on a contingency. Need that attorneys credentials. Can a sword purchased from a gift shop b an unlawful weapon?
Expert:  Loren replied 3 months ago.

Any metal blade with an edge can be an unlawful weapon. A sword, whether purchased in a gift shop or pawn shop is a weapon by any legal definition.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 3 months ago.

Remember, your first step is retaining a criminal defense attorney to get the criminal charge dismissed. That is step one. The civil rights case is dead if there is a conviction on the criminal charge. They will fight for a criminal conviction if the civil rights claim is pending. So, you may wan to attend to the criminal matter before even hinting that you will be pursuing a civil rights claim.

Expert:  Loren replied 3 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 3 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.