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Questions Answered by Andrew "Andy" Potter

1 Answer | Asked in Civil Rights for South Carolina on

Q: What to do for being wrongfully Attrested

Got charged for drugs I didn't have that was in cop car when I been searched on camera

Andrew "Andy" Potter answered on May 6, 2015

Is there still a charge pending against you? If so, you cannot sue for being wrongfully arrested until the charges are either dismissed or you are acquitted at trial. Even then, you may have a difficult time making a case that you were wrongfully arrested. You need to hire an experienced... Read more »

2 Answers | Asked in Family Law for South Carolina on

Q: is my wife entitled to an inheritance I received after she left me as we are getting a divorce

Andrew "Andy" Potter answered on May 6, 2015

You need to speak with your attorney on this issue. If you have not hired one, you need to do so as any property secured while the marriage is still valid can be deemed as marital property.

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1 Answer | Asked in Workers' Compensation for South Carolina on

Q: I broke my elbow at work. The Dr is awful. I need to go to another Dr. But they say no. What do I do?

Andrew "Andy" Potter answered on May 6, 2015

You need to speak with an experienced workers compensation lawyer in your area immediately. He or she can get you to another doctor and also make sure that your rights under the SC workers compensation law are protected. Hire an attorney immediately.

1 Answer | Asked in Civil Rights for South Carolina on

Q: Is the questioning of a suspect in the presence of their supervisor, who is the accuser, a civil rights issue?

A person is mirandized and questioned by a criminal investigator in the presence of the suspects supervisors who are the accusers as well as a witness against the suspect. Is there a violation of Constitutional rights?

Andrew "Andy" Potter answered on May 6, 2015

No. Based upon what you asked, no. However, it never helps to talk with the police without an attorney. You need to hire an attorney immediately so he or she can protect your interests.

1 Answer | Asked in Family Law for South Carolina on

Q: The lawyer I used 7 years ago to divorce my ex husband is not representing him to take me to court for custody of my kid

Can he legally use her since she previously represented me?

Andrew "Andy" Potter answered on May 6, 2015

No, I do not think so. You need to hire your own lawyer immediately and have that lawyer file a motion or petition seeking your former attorney from further representation of your ex on this matter.

2 Answers | Asked in Family Law for South Carolina on

Q: Im filing for divorce. Why did my attorney include exes boyfriend as defendant

Andrew "Andy" Potter answered on May 6, 2015

You need to ask your attorney that question.

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1 Answer | Asked in Landlord - Tenant for South Carolina on

Q: when you give your landlord a 2 months notice can they ask you to move in 30 days

Andrew "Andy" Potter answered on May 6, 2015

Depends on what your lease agreement says. The lease agreement controls as it is a contract between you and the landlord and if the agreement says that 30 days is sufficient, then 30 days is sufficient. Read your lease agreement closely to find out your rights when the term is complete or you... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on

Q: Our sister i law is purchasing a 2nd home in Myrtle Beach we plan on buying it down the road therefore we are paying the

the down payment and closing we can not be included in sale a s partners etc due to our credit and mortgage going through .. Can we after closing write up a partnership letter through an attorney for the amount and get a write off ??

Andrew "Andy" Potter answered on May 6, 2015

Actually, your deal with your sister in law makes me a little uncomfortable. Is the mortgage company aware where the down payment for the property is coming from? I would advise you to speak with an attorney in person with the complete details as I think you are getting very close to mortgage... Read more »

1 Answer | Asked in Collections for South Carolina on

Q: Can the horry county sheriff seize, and sell my primary residence trailer on leased land,to pay off a $8000 judgement?

This is a credit card debt, and my home in Pa is in foreclosure, this 2012 trailer is all we have to live in..

Andrew "Andy" Potter answered on May 6, 2015

If you have a consumer debt judgment, the Horry County Sheriff does nothing unless the judgment holder files a proper action with the court and the court orders the Sheriff to do something specific. It is a challenge to collect judgment debts in South Carolina as a judgment holder must file... Read more »

1 Answer | Asked in Family Law for South Carolina on

Q: What rights does the father have of a child when the mother and father weren't married but signed the birth certificate

Father doesn't pay child support or visit

Andrew "Andy" Potter answered on May 6, 2015

The father has all the rights afforded to him as if he was married to the mother. He is also on the hook for child support for the child, but can petition a court for custody or visitation if custody is given to the mother. You need to hire an attorney to bring an action in Family Court and... Read more »

1 Answer | Asked in Probate for South Carolina on

Q: Estate lawyer passed away during probate

My father passed away in April 2014 leaving behind debt over 100,000 & 4 houses My oldest sister (I'm youngest) was put over the will my middle sister & myself live in 2 of the houses left behind my house is paid for hers isn't nor was a business property paid for my oldest sister sold some cars of... Read more »

Andrew "Andy" Potter answered on May 6, 2015

If I understand your question, your oldest sister is the executrix of the will. She is in charge of the estate while it is in probate court. She is the one who will need to retain a new lawyer for the estate so that everything can be finished out properly. I would encourage her to hire an... Read more »

2 Answers | Asked in Divorce for South Carolina on

Q: If im in the middle of a divorce and my girl freind gets pregnant can it be used against me?

Andrew "Andy" Potter answered on May 6, 2015

Yes, it possibly can be used to prove adultery. You need to hire an attorney to represent you on your divorce so that your rights can be protected.

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1 Answer | Asked in Divorce for South Carolina on

Q: Can my wife be entitled to my 401k that I had set up before we met?

Andrew "Andy" Potter answered on May 5, 2015

Not knowing all the facts from your question, generally, a spouse is entitled to 1/2 of all property gathered or gained during the marriage absent unusual circumstances. You need to hire an attorney to better evaluate your situation and protect your interests in the 401K.

1 Answer | Asked in Divorce for South Carolina on

Q: my husband left me for another woman . have a sick father in nc and she stayed with him every time I went. adultery?

is this not grounds for adultery? He left with all the bills the truck he is driving is in my name. He will not pay insurance on it . What do I do?

Andrew "Andy" Potter answered on May 5, 2015

Yep. It sounds like adultery. You need to hire an attorney immediately so that your rights can be protected and a temporary hearing can be held to handle the problems you are having. Hire an attorney immediately.

1 Answer | Asked in Criminal Law for South Carolina on

Q: I have a possession with intent to distribute methamphetamine 1st offense with no prior record am I eligible for p.t.l

Andrew "Andy" Potter answered on May 5, 2015

It depends on the solicitor and whether he or she will consider reducing the charge to something that PTI would allow. You also may qualify for a conditional discharge, but you need to hire an attorney to protect you so that he or she can get you considered for any possible pre-trial diversions... Read more »

1 Answer | Asked in Criminal Law for South Carolina on

Q: I am being charged with metals/falsifying information on application,form or affidavit.? What should I do.?

My brother was dating a woman that had a vehicle that the motor was blown. Asked me to look at it to see if I may be able to fix the car. I was the third person she asked to do this. The car had been sitting for 2 years already, motor blown, animals made nest inside of it , seats torn, bad tires.... Read more »

Andrew "Andy" Potter answered on May 5, 2015

You need to have an attorney represent you on the pending charges so that your rights can be protected. Only an attorney can clear up this mess and hopefully keep you from having a criminal record.

1 Answer | Asked in Criminal Law for South Carolina on

Q: I got a possession of an unlawful weapon and discharge, it was a BB gun, and I didn't shoot it what do I do?

The person said it was their gun before I got the ticket and he still gave me possession

Andrew "Andy" Potter answered on May 5, 2015

You need to hire an attorney to represent you to handle this case for you. There are significant issues related to your case that need to be explored more deeply by an attorney so your rights can be protected.

1 Answer | Asked in Criminal Law for South Carolina on

Q: I've being charged with theft and fraud total value of R12888-00 its my 1st offence will the court send me to jail?

I wanne plea guilty cause I know I am

Andrew "Andy" Potter answered on May 5, 2015

DO NOT PLEA GUILTY UNTIL YOU SPEAK TO AN ATTORNEY!! A conviction will follow you for the rest of your life, will affect your ability to get a job or scholarship and there may be pre-trial diversions available to you. That being said, I have no idea what the value of R12888-00 means. You need to... Read more »

1 Answer | Asked in Criminal Law for South Carolina on

Q: can a brother be charged with cdv for assaulting his sister

they live together with their parents

Andrew "Andy" Potter answered on May 5, 2015

No--the proper charge should have been Assault and Battery and the degree is depended upon the nature of the injury.

1 Answer | Asked in Criminal Law for South Carolina on

Q: How can CDV charges be dropped in SC if person arrested is a non us citizen??

The victim was pregnant at time of assault, but did not tell the police this,now there is no record or continued case. He is a flight risk and has the income to do so and also how can these be dropped just because he has the money to do so.?

Andrew "Andy" Potter answered on May 5, 2015

It is difficult to understand what you are asking. If the person charged was charged, you can get on the internet, go to the South Carolina Judicial Website, click on the county where the person was charged and run his name to see the status of the charge. That might give you some more... Read more »

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