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South Carolina Questions & Answers
1 Answer | Asked in Criminal Law for South Carolina on
Q: I'm trying to get my son a mental evaluation and possible commital, he's 19 and currently in jail
Richard W. Noel
Richard W. Noel answered on Feb 11, 2022

I can't speak to your jurisdiction, but in mine, the attorney generally has to bring these issues up in court to have them order a mental evaluation by doctors. Even then, the attorney has to believe the Defendant won't be able to help participate in his own defense. Otherwise the jails... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can a person be taken to trial for armed robbery, if the monies was returned before the trial..
Richard W. Noel
Richard W. Noel answered on Feb 6, 2022

Of course. Returning the money doesn't undue the crime of robbery. It might help at sentencing though if your attorney can use it to demonstrate remorse.

2 Answers | Asked in Trademark for South Carolina on
Q: BETALOE -Serial Number76294427 is a dietary supplement. Can I use the same name for a topical cream?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Feb 2, 2022

BETALOE is a registered trademark of Hsin Ten Enterprise USA, Inc. for dietary supplements (in International Class 005). Topical analgesic creams and herbal topical creams are also in International Class 5.

Use of the BETALOE mark for a topical cream would be infringing, as likely to cause...
Read more »

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1 Answer | Asked in Family Law, Elder Law and Health Care Law for South Carolina on
Q: Can I sue a doctor/hospital?

for not providing appropriate care to my elderly mom

Tim Akpinar
Tim Akpinar answered on Jan 20, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I hope your mother is okay. An attorney would need to know more details to offer you meaningful guidance. You could reach out to law firms to discuss. If they felt there could be grounds for a case based on... Read more »

1 Answer | Asked in Criminal Law, Antitrust and Civil Rights for South Carolina on
Q: Is it against the law for a officer who wasn't at the incident on scene to write a false statement as if he was there?

The officer who wrote the incident report in my case wrote it out like he was there the whole time, which isn't true.

Also the inital thing I was being pulled over for was damage to personal property. i was charged with traffecking meth, possession of weed and ecstacy. Although I... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 17, 2022

Officer cannot write false statements. On the other hand this is personal to you and I would suggest that you have someone else, perhaps a lawyer you might hire, review the reports and see if his review reaches a conclusion which is the same as yours.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Speeding ticket 21mph over on I-95 near Manning SC

Hi. I have a question and hopefully someone can help me with good answers. I got speeding ticket in SC ( 21 mph over on I-95 with my car) and that was on December 7. December 8 I called attorney in SC because i am from NYC an attorney said we will put ticket on jury trial. My first court was on... Read more »

Ryan D Templeton
Ryan D Templeton answered on Jan 15, 2022

Depending on the municipality or county where the ticket was written it could be many months before you get a new court date now that your case has been moved to the Jury trial docket.

1 Answer | Asked in Car Accidents and Insurance Defense for South Carolina on
Q: Can you accept an insurance companies total loss offer but buy your car back with a salvage title with a lien on it stil

I owe $8000 on my car they offered $13000 can I get my car back with a salvage title

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 14, 2022

Most likely you will have to pay off the lien from your insurance proceeds before you can obtain a salvage title. I doubt the lienholder would agree otherwise but you can ask them if they will do so.

1 Answer | Asked in Elder Law and Social Security for South Carolina on
Q: Do I need to just stop being rep of payee if so how?

I am currently rep of payee of my 64 year old mother's disability. Now she will not let me in her home & will barely speak to me because of diff of opinions. Should I stop being rep for my legal responsibility or how responsible for her am I?

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 7, 2022

As a representative payee of your mother's Social Security disability, you have a lot of responsibility. You are responsible for managing your mother's benefit payments in a way that is in her best interests. You must follow Social Security law and use her disability payments for your... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Personal Injury for South Carolina on
Q: I've been trying to get through the accusations of taking a firearm or stealing from a member of the family....

At the time of question I was at my father's residence for a period of maybe 4-6 days continuously due to personal relationship issues and differences. My dad's cousin came over daily and intoxicated heavily. He left residence and later on accused me of stealing his gun after he had left... Read more »

Roy Willey
Roy Willey answered on Jan 1, 2022

It is unclear what type of help you are looking for here based on the topics selected. However, one option that you might consider is filing a police report if you are being followed, harassed, or repeatedly contacted after asking for it to stop. No one should have their mental health damaged... Read more »

1 Answer | Asked in Personal Injury for South Carolina on
Q: How can I find out if a lawsuit was filed against someone?

Trying to confirm if civil suit was filed against an individual.

Roy Willey
Roy Willey answered on Jan 1, 2022

It depends on whether or not you know the case would have been filed in state court in South Carolina or Federal Court. Typically, if it is a simple negligence case and all parties live in South Carolina the case would be filed in state court and could be found here by county... Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: How do I start an LLC which is for a Trust I am going to setup?
Nina Whitehurst
Nina Whitehurst answered on Dec 28, 2021

The BEST advice that any attorney can give you is to hire an attorney to help you do this the right way. Too many times people try to do this themselves in an attempt to save money and mess it up so badly that is costs MORE to fix the problems than it would have cost had they hired an attorney at... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: in south Carolina in 2011 plead guilty to a 44-53-0420 CDR code 0027. i was thinking in 2011 this was a misdemeanor ?

years ago i asked a lawyer and he also told me it was a misdemeanor. can you verifly in 2011 did i plead guilty to a misdemeanor or a felony >

Ryan D Templeton
Ryan D Templeton answered on Dec 11, 2021

In order to answer this question I would need more information. That particular code section has two different sections. Under the (A) section, depending on the underlying charge that you were convicted of conspiring to commit that could be a felony but the penalty would be one half of the... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Insurance Defense and Municipal Law for South Carolina on
Q: What type of liability insurance is needed for a home child care center?
Tim Akpinar
Tim Akpinar answered on Dec 7, 2021

A South Carolina attorney could advise best, but your question remains open for four weeks. You could also consider discussing this with an insurance agent who has experience with commercial policies for these types of operations. That way you could identify the risks you need to be protected... Read more »

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: What is there to do after co parent has already been found in contempt & lost primary custody but still violating order?

Co-parent has been found in contempt of court and lost primary physical custody and sole legal custody of very young child for violating custody order and mostly for severely denying visitation. Immediately after, went right back to denying visitation. What can I do? What should I be requesting In... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on Dec 2, 2021

The only available remedies for contempt are imprisonment (for a period of up to 1 year), a fine (of up to $1500), and/or community service. However, in determining whether a parent should have custody of a child, the Family Court often considers whether each parent has complied with court orders,... Read more »

1 Answer | Asked in Family Law and Adoption for South Carolina on
Q: My husband and I wanted to adopt an infant. We had an infant placed in our home through DSS in 2020.

The baby is a Safe Haven - Daniel's Law baby. The birth mothers name was on the birth certificate. The hospital made an error in placing the mothers name on the birth certificate. It's been a year and we are still waiting for a TPR and to adopt. Does the mother still have legal rights?... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on Dec 2, 2021

Until the mother's parental rights are terminated, she remains the child's legal parent. If the child is placed with you by DSS, then DSS has custody of the child. However, in many situations, you do not have to wait for DSS to file a TPR action; instead, you could file a private action... Read more »

1 Answer | Asked in Family Law, Criminal Law and Child Custody for South Carolina on
Q: What is the best type of attorney for a DSS/CPS case? Family law seems too broad...

I need an affordable attorney that has experience dealing with and winning cases with DSS involvement. I need to know exactly what my rights and options are.

Megan Hunt Dell
Megan Hunt Dell answered on Dec 2, 2021

You can ask any attorney you consult with about how much experience they have defending DSS cases.

1 Answer | Asked in Probate for South Carolina on
Q: My mother has passed her house still has a mortgage. Is that considered part of her estate
Anthony M. Avery
Anthony M. Avery answered on Nov 24, 2021

If Mother was the titled owner, and no Will is Probated with a Devise of it, the real property is owned by her Heirs at her death. It, the property only, is subject to the Mortgage Lien. Taxes and Insurance still have to be also paid, or the Heirs will lose it. Hire a competent SC to determine... Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Municipal Law for South Carolina on
Q: Is there a statue of limitations for simple possession in SC?

The cops came to my house on Wed. 11-17 with a search warrant looking to find a large amount of marijuana. They found a roach. My girlfriend said it was hers so they gave her a ticket for simple possession. They then told me I had to go to the police department Mon. 11-21 because they wanted to... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Nov 21, 2021

Is there a statue of limitations for simple possession in SC?

No. There are no statutes of limitations on criminal offenses in South Carolina.

Can they really come back to the house and arrest me?

Yes. In South Carolina we have two types of possession, constructive and...
Read more »

1 Answer | Asked in Trademark for South Carolina on
Q: bought trademark NATALAC ,in 2014 & it cancelled cuz they say it was no proof of me rappin & trucking? wtf thats a lie!

everything about my life has been easily available for 25 yrs.. by searching in any search engine Natalac (rapper)

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 20, 2021

You need to submit proof of use in a regular basis and pay a maintenance fee.

If you did not do it, your registration expires.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Second offense Pwid less than 3 grams ...what is the sentence in South carolina???
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Nov 15, 2021

3 Grams of....

What?

In South Carolina, Drug Crimes are specific to the substance. Without this information we cannot give you an accurate sentencing range.

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