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Questions Answered by Ryan D Templeton
3 Answers | Asked in Criminal Law for South Carolina on
Q: Is there a statue of limitations on financial identity theft in SC?
Ryan D Templeton
Ryan D Templeton
answered on Jun 13, 2022

There is no statute of limitation on a criminal charge of Financial Identity Theft, but there is a statute of limitations for a civil cause of action.

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1 Answer | Asked in Traffic Tickets for South Carolina on
Q: What are fines and penalties for 56-5-2120 in South Carolina?
Ryan D Templeton
Ryan D Templeton
answered on Feb 13, 2022

For most traffic offenses if the penalty is not provided for in that particular section you go to the general penalty section of Title 65 Chapter 5 which provides a $100 fine or up to 30 days in jail. This is the fine prior to assessments and court costs. I have attached the general penalty statute... Read more »

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 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 Criminal Law for South Carolina on
Q: I placed my guns, 5 of them, in my brother's safe for a bit while I was moving. Now he refuses to give them back.

What are my legal options? I do not have serials numbers, but can get affidavits that they are mine, and I had owned them for about 20 years

Ryan D Templeton
Ryan D Templeton
answered on Oct 30, 2021

The best avenue to get your guns back is going to be a claim and delivery action in magistrate court (assuming the value is under $7,500.00).

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: What is the fine for 1st offense Section 56-3-1360 traffic violation

Only 2nd traffic violation, 1st being a speeding ticket

Ryan D Templeton
Ryan D Templeton
answered on Sep 13, 2021

That statute does not provide for a penalty so you have to go to:

SECTION 56-3-2520. Penalties.

It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony. Unless...
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2 Answers | Asked in Criminal Law, Personal Injury and Wrongful Death for South Carolina on
Q: When a person "gets in my face" because of road rage, could that be prosecuted as assault or attempted murder,
Ryan D Templeton
Ryan D Templeton
answered on Aug 23, 2021

Depending on the particular facts of your case someone could be charges with simple assault (3rd degree) under SC Law.

16-3-300(E)(1) A person commits the offense of assault and battery in the third degree if the person unlawfully injures another person, or offers or attempts to injure...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: My boyfriend has to go to motion to revoke bond court and my question is how can he be able to get to come back home?

He's out on bond and caught another charge and he doesn't have a lawyer right now! He applied for a public defender and waiting for a response from them!

Ryan D Templeton
Ryan D Templeton
answered on May 4, 2021

He needs to hire an attorney to present his case the the Judge! If he qualifies for a public defender it would be best to reach out to them and make sure that someone has been assigned to his case. I would never recommend for someone to go to a motion to revoke bond on his/her own.

2 Answers | Asked in Divorce for South Carolina on
Q: When would the monetary value of a residence be determined for divorce? At the time of separation or divorce
Ryan D Templeton
Ryan D Templeton
answered on May 4, 2021

The default rule is that an assets value should be determined as of date of filing of a case. That being said, there are exceptions and your should consult with an attorney in your area on this subject.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: Hi, my question is, what can be done to aid someone in federal prison whom was approved for released early under the FSA

But during the BOP release process, the state of SC put a hold on him but did not specify the reasoning. I have since found where he & 21 others were indicted in 2018 for conspiracy.

Even though he qualifies for early release he can not be as long as there is a hold for that charge... Read more »

Ryan D Templeton
Ryan D Templeton
answered on May 4, 2021

The best thing for this person to do is file a form with the prison where he is currently being held under the interstate agreement on detainers. This will force the State of SC to start the process of bringing him back for trial on the state matter. If the state fails to do so within a certain... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: If someone there

I got charged with shoplifting 16-13-110b2

Ryan D Templeton
Ryan D Templeton
answered on May 3, 2021

It would be wise to reach out to an attorney in this area so that they can properly represent you on your shoplifting charge. So long as this is not an enhancment charge this case would carry up a 30 days in jail and/or a fine.

2 Answers | Asked in Criminal Law for South Carolina on
Q: It's 0373-Obscene / Participation in preparation of obscene material prohibited a felony in the state of south carolina?
Ryan D Templeton
Ryan D Templeton
answered on Apr 22, 2021

SECTION 16-15-325. Participation in preparation of obscene material prohibited; penalties.

Any individual who knowingly:

(a) photographs himself or any other individual or animal for purposes of preparing an obscene film, photograph, negative, slide, videotapes, motion picture, or...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: If I have a felony charge that was dropped, how do I remove it from my record?
Ryan D Templeton
Ryan D Templeton
answered on Apr 16, 2021

You will need to apply for an expungement. An attorney can walk you through that process or you can do so on your own.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: The log in to pay ticket fine on website listed on ticket, no information of my son nor the ticket number is showing up

Officer lowered ticket to 10 mph or less. Ticket states court date time and address however Area of ticket for officer to mark “appear in court? Y or N?” Officer left blank. And we cannot find any information on the back of the ticket as to whether or not this is a mandatory court date.... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Apr 6, 2021

If he is only charged with speeding he can just pay the ticket and not show up for court. At that time the "bond" (what he paid) with be forfeited and the case will be over. That being said, depending on what state he has his license in the points for the ticket can transfer back and show... Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I received a speeding ticket I was told by the officer I was not required to go to court but I was summoned to go

Do I have to appear if I pay it online

Ryan D Templeton
Ryan D Templeton
answered on Mar 19, 2021

If you pay the ticket before the court date you are not required to appear. That being said, they will accept the payment of the ticket (bond) and adjudicate you guilty and send that to the DMV to assess points on your license. It might be worth speaking with an attorney in that area that would be... Read more »

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: If I pay my rent will the evicted still be progress
Ryan D Templeton
Ryan D Templeton
answered on Mar 18, 2021

You need to speak with your landlord. If at anytime you were in violation of the lease and your landlord complied with the SC landlord tenant act you can be evicted even if you have since caught up on your rent. Make sure to talk to your landlord and get something in writing that they will dismiss... Read more »

1 Answer | Asked in Public Benefits and Criminal Law for South Carolina on
Q: Can a defendant ask the state to have the evidence retested and split substance content?
Ryan D Templeton
Ryan D Templeton
answered on Mar 18, 2021

Normally the state is not going to retest a substance unless the solicitor wants that done for some reason. That being said, you/your attorney can hire an expert to independently test the substance and file a motion with the court to have the item turned over to the expert for testing.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How long can one county hold someone they picked up for a misdemeanor warrant in another county?

Police came to my house and looking for my husband and arrested him with a property damage warrant from the county 2 1/2 hours away. How long does the other county have to pick him up until he has to be released?

Also, will he be released with a fine when he sees the judge when he gets to... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Mar 2, 2021

In normal circumstances he cannot be held for more than 24 hours before being picked up or a bond being set. That is assuming that this is the first time that he is being arrested and this is not an arrest on a bench warrant.

2 Answers | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Hello I am charged with DV2nd and I have a criminal record felony and around 2000 I was charged with CDV

My wife was also charged with DV2nd and she has got a plea deal in the mail my solicitor wont even tall to me we both my wife and I signed a document stating we wanted to drop the charges but my solicitor want even talk to me I am worried I really sont have the money for a attorney

Ryan D Templeton
Ryan D Templeton
answered on Feb 28, 2021

Most attorneys that do criminal work give free consultation. It would be good to go speak to an attorney in your area about your situation. If you cannot afford an attorney the public defender may also be an option for you.

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1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I received a ticket for 20 over, speed isn't posted. Court continued due to COVID until TBD.

I haven't had a ticket in 15 years. I was heading to work. Passed a car moving slowly ( I thought 15 under apparently they were 10 under). When I passed the individual I must not have decreased speed. Not justifying my actions as correct, but I was distracted due to a work situation. The... Read more »

Ryan D Templeton
Ryan D Templeton
answered on Jan 26, 2021

Depending on what agency wrote the ticket you can reach out to that agency directly. It it was the Sc Highway Patrol you cal also reach out to the officer’s post to leave a message for a call back. The posts and numbers are listed on the Highway patrol’s website. The other alternative would be... Read more »

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