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Questions Answered by Ryan D Templeton
1 Answer | Asked in Criminal Law for South Carolina on
Q: How long does it take to see a judge after you get an attorney?

I retained an attorney for criminal charges. The prosecutor refused to lift the bench warrant. My attorney said he filed and are waiting for the prosecutor to send over all the case files. How long does this process usually take?

Ryan D Templeton
Ryan D Templeton answered on Nov 22, 2020

Rule 5 of the South Carolina Rule of Criminal Procedure require that the state turn over everything that is discoverable within 30 days of request.

1 Answer | Asked in Criminal Law for South Carolina on
Q: What does x3 mean on a shoplifting charge? Also listed is hold for department of public safety awaiting warrant?
Ryan D Templeton
Ryan D Templeton answered on Nov 22, 2020

It can mean a few different things but most likely it means that the person is being charged with a shoplifting under the South Carolina property crime enhancement statute which make a normal misdemeanor shoplifting turn into a 10 year felony. This occurs when a person has three of more property... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: If the police targeted someone that was currently on house arrest to buy drugs from their informant is that entrapment
Ryan D Templeton
Ryan D Templeton answered on Nov 22, 2020

In order to assert the defense of entrapment in SC, you would have to show two things:

1) A government actor induced you to commit a crime; and

2) The lack of a predisposition to commit such a crime.

Therefore, based on the limited set of facts that you present in your...
Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Do I need a lawyer with me?

I was fired for theft. This is my first offense. I wasn't arrested, but I was told by an officer that they would call me and turn myself in. He told me I would likely not see jail time, and the judge would offer me different options for repayment of my new debt to my former company. I really... Read more »

Ryan D Templeton
Ryan D Templeton answered on Nov 12, 2020

If you are turning yourself in to law enforcement you should always have an attorney with you. Only an attorney is in the best position to work out the details of any agreement with the state. Just remember that any admission or promise to repay could be used against you down to road. At the very... Read more »

2 Answers | Asked in Criminal Law for South Carolina on
Q: How long can they hold you without serving you a warrant?

My boyfriend was arrested 3 days ago. He was arrested at a traffic stop for a bench warrant he had for a prior drug possession charge that he skipped court for a year ago. Every time I call to see if he will be up for bail hearing they say he is still on hold. They said the arresting officer has... Read more »

Ryan D Templeton
Ryan D Templeton answered on Nov 5, 2020

A person can only be placed on hold for a warrant for 24 hours before he is entitled to a bond hearing or discharge. That being said, if he is only being held on the bench warrant and not a new charge he will not get a bond hearing on the bench warrant. You need to contact an attorney that... Read more »

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1 Answer | Asked in Criminal Law for South Carolina on
Q: I was caught and got two tickets one for 1) Fake Id and 2) Possession of Alc. in public. How should I go about this.

I am looking for a lawyer right now but I am interested if there is anything I can do prior to court to give me the best chance of getting both charges off my record in the near future. I am in college and have court on 11/18 and leave to go home to Pennsylvania 11/24. I am scared that because I... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 19, 2020

It is always a good idea in a situation like this to reach out to an attorney near you. Many Solicitor’s offices around the state will allow you to complete a diversionary program while out of state.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: In Sc pulled over for doing 93/55. My son said there’s no way he was doing that speed. Gave him a ticket for 56/55

The cop said hed give him a ticket for 56 in a 55. My son said he was driving in the right lane behind trucks and his car couldn’t go 93 if it wanted to. Can he fight the ticket? It’s 2 points and 76$ fine

Ryan D Templeton
Ryan D Templeton answered on Oct 12, 2020

There are ways to fight any ticket but until you or an attorney receive all of the discovery from law enforcement there is no way to answer your question. It might be worth reaching out to an attorney in the area where the ticket was written to advise you.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: My Step daughters mom keeps threatening to just keep her every time she gets mad about something. Can she do that?

She's been Living with us for over 5 Years. She has not supported her financially at all. Not involved in school, doctors or anything important to the the child's well being. I have been more her mother then her biological one. Can she do really just do that? She has never been stable... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 5, 2020

You will need to contact a Family Court attorney in your area. This is a very complicated area of the law and really depends on what the current custody agreement/order says. If she is violating a custody order there is an enforcement mechanism that may be of assistance.

1 Answer | Asked in Animal / Dog Law for South Carolina on
Q: I'm a South Carolina dog groomer, I have a parrot whose owner not came back to pick up for 1 yr

Have not heard anything! Laws on abandoning

Ryan D Templeton
Ryan D Templeton answered on Oct 5, 2020

Here is the process for selling the animal and getting to assert a lien against the sales proceeds for all costs that you have:

SECTION 29-15-60. Animal boarding facilities; liens upon animals for boarding expenses.

The owner of an animal boarding facility, at the end of an agreed...
Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: Same sex marriage, but had a baby during separation. Do I have to establish she is not the parent due to S.C. law?

Separated from my wife for almost 3 years and have since had a baby with my boyfriend. I was hoping to file for quitclaim deed to remove her from house and no fault divorce, but she is unresponsive. Attorney advised I would have to bring my baby and boyfriend into the situation and establish... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 5, 2020

Your situation will become complicated because of your child so i would recommend contacting an attorney in your area to help you through this process.

1 Answer | Asked in Municipal Law for South Carolina on
Q: If I received a municipal ticket and showed up for court but the officer didn't, do I still have to pay?

I received a ticket for petit larceny and showed up for court but the officer that wrote the ticket did not, do I still have to pay the ticket? South Carolina

Ryan D Templeton
Ryan D Templeton answered on Oct 5, 2020

I would need more information in order to answer this question. Did you request that the case be dismissed when the officer did not show up? Did you enter a plea to the charge? More information is needed in order to answer your question.

1 Answer | Asked in Child Support for South Carolina on
Q: If a parent is paying non court ordered $600 a month in child support is purchases of clothes, and shoes counted

The father doesn't have custody or is ordered to pay support but has been giving $600 a month in support but he also has to take the 2 kids shopping for clothes and shoes when he gets them once a month. Is the shopping considered extra or is it also child support?

Ryan D Templeton
Ryan D Templeton answered on Oct 5, 2020

The questions asked here has a lot of different issues and it really depends on the reason that you are asking the question. If Child Support is not ordered by the Court i would say that all support of the child would be considered for showing that the parent is providing support. That being said,... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: Do I have rights to our home

My husband bought a house only put his name on the deed and title with an insurance check with both of our names on the check. Trying to be the sole owner by not adding my name to the title, when we have a disagreement he tell me I have to leave

Ryan D Templeton
Ryan D Templeton answered on Sep 3, 2020

If you are married any property purchased during the marriage is going to be marital property regardless of how the property is titles absent specific circumstances. If may be worth stilling down with a family law attorney in your area to go over your specific situation.

1 Answer | Asked in Estate Planning and Family Law for South Carolina on
Q: As a beneficiary in SC am I entitled to see the will if I am not an executor?

my older 3 siblings are executors I am youngest

Ryan D Templeton
Ryan D Templeton answered on Sep 3, 2020

In South Carolina the original will should be filed with the probate court with in 30 days of the decedent's death. If the will has been filed, as a beneficiary of the will you should be able to review the will at the local probate court.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for South Carolina on
Q: Can an apartment refuse to accept my 60 days notice? They're telling me I have to pay 2 months rent up front first.
Ryan D Templeton
Ryan D Templeton answered on Sep 3, 2020

It really depends on what the lease says. I would recommend that you read your lease in its entirety and if are unsure contact an attorney near you to discuss your options.

1 Answer | Asked in Criminal Law for South Carolina on
Q: What is the statue on this charge in SC?

Tampering with Food

Ryan D Templeton
Ryan D Templeton answered on Aug 25, 2020

SC Code § 16-3-75 (2012)

It is unlawful for a person to maliciously tamper with a human drug product or food item with the intent to do bodily harm to a person.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not...
Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: If charged with simple assault in South Carolina does that bar you from purchasing a firearm and does it expire?

Charge/code 0612 simple/ simple assault, charged in 4/2010, did not get response from application to purchase firearm, did not follow upon on why.

Ryan D Templeton
Ryan D Templeton answered on Aug 16, 2020

Simple Assault is a misdemeanor in S.C. that carries up to 30 days in jail so that would not prohibit you federally or under S.C. law from purchasing a firearm.

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: What is the general procedure for submitting claims for excess/surplus plus funds,overages etc.. in S.Carolina..

Can I do an assignment or Power of Attorney and file for the excess funds w/out an Attonery?..

Ryan D Templeton
Ryan D Templeton answered on Aug 12, 2020

If you are the person entitled to the surplus funds you must contact the Court or have an attorney do so on your behalf. A person that has your power of attorney is not going to be able to do this on your behalf.

1 Answer | Asked in Traffic Tickets and Cannabis & Marijuana Law for South Carolina on
Q: What does it mean when ticket amount says MAX?

Officer told me if i came to court he would drop the charges but I don't want to show up to court empty handed. Charge is simple possession of marijuana

Ryan D Templeton
Ryan D Templeton answered on Aug 12, 2020

For simple possession of marijuana the minimum fine after all required assessments is $407.50 and the maximum fine is $615.00. Don't forget that simple possession of marijuana 1st offense also carries jail time of up to 30 days along with the fine. I would highly recommend speaking to an... Read more »

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: Am I able to sell my house (prior to divorce being finalized) if it was given to me in the separation agreement?

SC Residency

Ryan D Templeton
Ryan D Templeton answered on Jul 16, 2020

If a final order of separate support and maintenance has been approved by the Family Court giving you ownership of a marital home then you are fine selling the home. I would recommend consulting with your family court attorney or a real estate attorney in your area in you have any further questions.

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