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South Carolina Questions & Answers
1 Answer | Asked in DUI / DWI for South Carolina on
Q: Chances w/Dui blew <.10 urine + thc &methadone had rx & been 8-10 hr prior to stop admitrd to smoking day befor

I did swerve but was not impares at all

Casey Brown
Casey Brown
answered on Jun 29, 2022

DUI in SC depends on a number of factors and this part of the law is very nuanced. There is also a deadline to file certain documents such as the request for an administrative hearing. When dealing with substances, there are "therapeutic levels" for certain substances. This may require an... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: What has to be proved to convict someone up first degree burglary
Casey Brown
Casey Brown
answered on Jun 23, 2022

In SC the State has to prove each of these elements of first degree burglary:

1. entering a dwelling,

a. without consent AND

b. with the intent to commit a crime

c. at night or remaining there until nighttime

or

c. by a person with a prior record of...
Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Criminal Law for South Carolina on
Q: is there a maximum age one can be called for jury duty in south carolina?

i am 71 years old. i have served jury duty 16 times in my lifetime. can i be called again?

Timothy Denison
Timothy Denison
answered on Jun 22, 2022

No. No maximum age. You can be called again.

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Can someone be rightfully charged with burglary 1st at the same address he lives at?

If my boyfriend and I live in the home and he comes and goes freely tho he lives in a dwelling on the property ..... Can the owner of the home rightfully push the charges of burglary? Even though he comes and goes and washes his clothes and makes his meals in the home bc his dwelling don't... Read more »

Casey Brown
Casey Brown
answered on Jun 22, 2022

An ownership interest in the dwelling will not preclude a conviction of burglary as a matter of law. The jury would have to determine under the totality of circumstances if the defendant used the dwelling in such a manner that it could be said to be his/her home. The test will be if under the... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Hello, I'm inquiring about a friend who got arrested on charges of meth distribution.

Hello, I'm inquiring about a friend who got arrested on charges of meth distribution. The person my friend was hanging out with has been an offender on multiple charges in the past and had meth in possession at the time of the arrest. Even though my friend doesn't deal in drug... Read more »

Casey Brown
Casey Brown
answered on Jun 22, 2022

It may be a case of actual v constructive possession. The issues will depend on why law enforcement was there, what rights they had to enter the premises/vehicle, where the alleged narcotics were found, and under what circumstances.

1 Answer | Asked in Immigration Law for South Carolina on
Q: I have withholding removal status if my mom she is permanent resident if she apply I-130 for me can I adjust my status

I have entered without inspection and my withholding removal was granted , my mother she is US permanent resident, if she apply I-130 and once's it’s approved can I adjust my status in US? Do I need wavier if wavier grant’s then could i adjust status in US

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

To be able to apply for adjustment of status with your lawful permanent resident mother as your petitioner you would need to qualify under INA 245(i), as you entered the United States without inspection and have, therefore, not maintained a lawful status the whole time you have been present in the... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: How do I get a cdv misdemeanor 1st degree charge in Ohio sealed or expunged

It was in 2002 and I’ve never had a similar charge, I’d like my second amendment rights back

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Jun 17, 2022

Unfortunately you can’t, absent a full pardon by the Governor of the State of Ohio; sealing or expunging the arrest does not vacate or remove the underlying conviction, which is entered into the National Criminal Information Center (NCIC), the computerized index used to screen for firearms... Read more »

1 Answer | Asked in Contracts and Employment Law for South Carolina on
Q: Am I going to lose my current job?

I had an employment agreement with a company but my situation changed before I was ever officially slated to start and I had to back out of the contract. The employer told me on a phone call that he would void the contract and that he would move on to other candidates. A month later I found a... Read more »

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Jun 17, 2022

You would need to reach out directly to a South Carolina employment lawyer for a review of the contract in more detail.

1 Answer | Asked in Probate for South Carolina on
Q: My son passed away in December of 2021. I am the administrator over the estate. My daughter has sold all of his persona

Sold all his personal property worth 116,000 dollars. How do I get it back. The estate has not been through probate yet

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 14, 2022

That is a terrible situation. I am sorry to hear you are going through this. Unfortunately, you probably cannot get the personal property back from any of the buyers unless you can find them and can prove that they knew or should have known that your daughter did not have authority to sell the... Read more »

1 Answer | Asked in Health Care Law and Employment Law for South Carolina on
Q: my old job took money for health insurance but I never was enrolled in plan and they refuse to give money back, legal?

From Feb 2022-april 1 2022 I paid weekly for health and dental, my last day was april 1st with company. I tried going to dr the last week of employment and found out I was never enrolled in a plan, emailed and spoke with hr multiple times and they are no longer responding to me getting my money... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2022

A South Carolina attorney could advise best, but your question remains open for three weeks. It would be difficult for any attorney to offer step-by-step directions on this frustrating situation. You could reach out to attorneys to investigate the matter in terms of the formation of your contract... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Litigation, Small Claims and Personal Injury for South Carolina on
Q: I and my dog were detained by law enforcement in a hot car. Despite my pleas to please let us out or to give my dog

Water or to let me turn on my car to provide AC for my dog, the policemen would not let me do anything to help my dog despite me pleading with them. My dog died of heat stroke. Can I hold those policemen responsible for Bear's death? I may be reached at:

Roy Willey
Roy Willey
answered on Jun 7, 2022

I am so sorry that happened to you. As to a case, potentially, yes but generally in South Carolina pets are only reimbursed at “market value” as property. However, you may also have a case against them depending on the nature of your detention. Be advised state agencies are subject to a... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for South Carolina on
Q: We bought property in SC and the neighbor beside us using our property as an easement to their house

The neighbors have a driveway to their property on the backside of their house. The easement is not granted in the deed. How do we go about keeping them from using the driveway that is on our property?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

You need a SC attorney to search both Titles. The adjacent owner may have a Prescriptive Use Easement or an Easement By Implication, which might be provable in Court.

1 Answer | Asked in Employment Law for South Carolina on
Q: I am trying to find out if I can break my employment contract. I can send over the contract to who is able to answer.
Jeremy R. Summerlin
Jeremy R. Summerlin
answered on Jun 2, 2022

If you are working in SC, you should reach out to a local SC employment lawyer for a contract review.

1 Answer | Asked in Employment Law for South Carolina on
Q: Is my company required to pay me more, as a salary member of management, when being forced to work 7 days a week?

My salary was based off 45-50 hours per week, but now I am working 80+ hours per week.

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on May 25, 2022

Normally, if you are paid a salary and are performing the duties of a manager (such hiring, firing, and supervising two or more employees), or if you meet any other requirements for an exemption, you would not be paid overtime, no matter how many hours you are required to work. If you believe you... Read more »

3 Answers | Asked in Criminal Law for South Carolina on
Q: Is there a statue of limitations on financial identity theft in SC?
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on May 24, 2022

Under South Carolina Law, there are no criminal statutes of limitations.

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1 Answer | Asked in Car Accidents for South Carolina on
Q: I was charged with this violation, while entering a median we’re the immediate cars yielded to me but getting hit..

I was charged with this violation ( 56-05-2350) , while entering a median we’re the immediate cars yielded to me but getting hit by a car evading traffic and riding the median where no left turn could be immediately made. Would the other car not have been violating code ( 56-5-1920)

Roy Willey
Roy Willey
answered on May 21, 2022

Yes, it’s possible but it’s just a judgment call for the police. The charge itself won’t be admissible in your civil car accident case, only guilty pleas are generally.

1 Answer | Asked in Personal Injury and Civil Litigation for South Carolina on
Q: what can i do when my lawsuit was stolen
Tim Akpinar
Tim Akpinar
answered on May 18, 2022

A South Carolina attorney could advise best, but your question remains open for a week. It isn't fully clear what you mean by lawsuit being stolen, but one possibility that comes to mind is that someone stole your identity and pursued a lawsuit (or a pending lawsuit you had already commenced)... Read more »

1 Answer | Asked in Gov & Administrative Law and Employment Law for South Carolina on
Q: I am a reserve deputy in training in Richland county and a private security company would like to hire me is it lawful?

I just would like to know if there is a possibility to do both because SLED is telling me I’d have to quit my reserve position. Thank you for your time! Have a blessed day!

Rhiannon Herbert
Rhiannon Herbert
answered on May 17, 2022

More information is needed to answer this question. However, if you signed an agreement or contract as a reserve deputy, this is the first place you should turn regarding whether you are permitted to pursue other employment.

1 Answer | Asked in Foreclosure for South Carolina on
Q: Foreclosure started in 2018 and last payment was June 2017.Still haven’t been to court as of May 2022.What is time limit

What is time limit for proceedings? We haven’t been allowed to make loan payment all those years bc proceedings were going on and mortgage company changed during this time.

D. Nathan Davis
D. Nathan Davis
answered on May 16, 2022

Before Covid, a case the Court would have struck this old. You need to check with the Clerk of Court to see if the case is still active. If you bring it to the attention of the Clerk of Court, the case may get struck.

If the case is struck, that does not mean that the issue is over. The...
Read more »

2 Answers | Asked in Real Estate Law for South Carolina on
Q: Man dies in MI. owns land worth $4,000 in SC does land auto go to spouse or has to file probate. His estate under $20k

A man passed in Michigan where he and his wife were living at that time. He and his wife own land in SC worth $4,000. Does the land automatically go to her without filing probate in MI? His entire estate was less than $20,000.

The wife is trying to sell the land in SC but this issue arose... Read more »

Trent Harris
Trent Harris
answered on May 16, 2022

This is a question that depends on South Carolina law. A Michigan probate court does not have jurisdiction to decide matters regarding real estate located outside the State of Michigan. Other states could have a statute though that allows South Carolina to recognize ancillary probate proceedings... Read more »

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