Questions Answered by Andrew "Andy" Potter

Q: What to do for being wrongfully Attrested

1 Answer | Asked in Civil Rights for South Carolina on
Answered on May 6, 2015
Andrew "Andy" Potter's answer
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 criminal defense lawyer to protect your interests.

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

2 Answers | Asked in Family Law for South Carolina on
Answered on May 6, 2015
Andrew "Andy" Potter's answer
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.

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?

1 Answer | Asked in Workers' Compensation for South Carolina on
Answered on May 6, 2015
Andrew "Andy" Potter's answer
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.

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

1 Answer | Asked in Civil Rights for South Carolina on
Answered on May 6, 2015
Andrew "Andy" Potter's answer
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.

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

1 Answer | Asked in Family Law for South Carolina on
Answered on May 6, 2015
Andrew "Andy" Potter's answer
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.

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

2 Answers | Asked in Family Law for South Carolina on
Answered on May 6, 2015
Andrew "Andy" Potter's answer
You need to ask your attorney that question.

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

1 Answer | Asked in Landlord - Tenant for South Carolina on
Answered on May 6, 2015
Andrew "Andy" Potter's answer
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 wish to terminate it.

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

1 Answer | Asked in Real Estate Law for South Carolina on
Answered on May 6, 2015
Andrew "Andy" Potter's answer
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 fraud.

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

1 Answer | Asked in Collections for South Carolina on
Answered on May 6, 2015
Andrew "Andy" Potter's answer
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 supplemental proceedings in the same manner as a regular lawsuit. A chapter 7 bankruptcy option would appear to be something you should consider. You need to meet with an experienced bankruptcy lawyer and...

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

1 Answer | Asked in Family Law for South Carolina on
Answered on May 6, 2015
Andrew "Andy" Potter's answer
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 assert your rights to your child.

Q: Estate lawyer passed away during probate

1 Answer | Asked in Probate for South Carolina on
Answered on May 6, 2015
Andrew "Andy" Potter's answer
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 experienced probate attorney immediately. I cannot answer the other parts of your questions without more information.

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

2 Answers | Asked in Divorce for South Carolina on
Answered on May 6, 2015
Andrew "Andy" Potter's answer
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.

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

1 Answer | Asked in Divorce for South Carolina on
Answered on May 5, 2015
Andrew "Andy" Potter's answer
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.

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

1 Answer | Asked in Divorce for South Carolina on
Answered on May 5, 2015
Andrew "Andy" Potter's answer
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.

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

1 Answer | Asked in Criminal Law for South Carolina on
Answered on May 5, 2015
Andrew "Andy" Potter's answer
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 that may be available for you. You need to hire an attorney before you do anything else.

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

1 Answer | Asked in Criminal Law for South Carolina on
Answered on May 5, 2015
Andrew "Andy" Potter's answer
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.

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?

1 Answer | Asked in Criminal Law for South Carolina on
Answered on May 5, 2015
Andrew "Andy" Potter's answer
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.

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?

1 Answer | Asked in Criminal Law for South Carolina on
Answered on May 5, 2015
Andrew "Andy" Potter's answer
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 hire an attorney before you do anything ill advised like pleading guilty without an attorney.

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

1 Answer | Asked in Criminal Law for South Carolina on
Answered on May 5, 2015
Andrew "Andy" Potter's answer
No--the proper charge should have been Assault and Battery and the degree is depended upon the nature of the injury.

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

1 Answer | Asked in Criminal Law for South Carolina on
Answered on May 5, 2015
Andrew "Andy" Potter's answer
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 information as to what is going on with the case.

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