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Questions Answered by Ryan D Templeton
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for South Carolina on
Q: Can a South Carolina judge give a suspended sentence to a defendant who Pleads GUILTY to Voluntary Manslaughter?
Ryan D Templeton
Ryan D Templeton answered on Nov 12, 2019

The penalty for voluntary manslaughter (16-3-50) in South Carolina is 2-30 years. The presumption under SC law is that a sentence may be suspended unless expressly states otherwise(16-1-30(B)). In the case of Voluntary Manslaughter it is within the sentencing judges discretion to suspend even the... Read more »

1 Answer | Asked in Family Law for South Carolina on
Q: I have an open dss case in South Carolina I’ve completed treatment plan successfully

I’ve never been to court so there’s no court order but there trying to take me to court and they won’t lift my supervision or close my case

Ryan D Templeton
Ryan D Templeton answered on Nov 12, 2019

The best thing that you can do to make sure that your rights are being protected is to contact a family law attorney near you so that they can review your entire case.

1 Answer | Asked in Family Law for South Carolina on
Q: Hi Im a 15 year old and I was wondering the steps I need to take to become emancipated when I turn 16
Ryan D Templeton
Ryan D Templeton answered on Nov 12, 2019

In order to become emancipated you must petition the family court. This can be a lengthy process if you do not have parental consent. One of the most important things that you will have to show the court is that you are able to provide for yourself and that you are mature enough live, work, and... Read more »

2 Answers | Asked in Criminal Law for South Carolina on
Q: In SC can a husband press Petit larceny charges against wife for depositing a check made to him in her account

Husband is accusing wife of taking check addressed to him out of the mailbox at their marital home and depositing it on her personal bank account with his endorsement on the back.he is pressing Petit larceny charges

Ryan D Templeton
Ryan D Templeton answered on Nov 12, 2019

I believe that a petit larceny charge might be a stretch (marital property issues) but if the wife forged his signature that might be a better way to go forward.

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1 Answer | Asked in Probate for South Carolina on
Q: Re Opening Probate

My grandfather passed away last July. His daughter came in after he passed away. After I aged out of foster care. My grandparents took me in to finish high school. I tooK care of him and my grandmother before passing in 2014 since 2011. As still took care of him until his passing. I joined the... Read more »

Ryan D Templeton
Ryan D Templeton answered on Nov 9, 2019

Unfortunately unless there is a will stating that you may stay in the house the personal representative of the estate has the authority to force you to move out of the home and distribute it according to the will or statute if there is no will.

2 Answers | Asked in Estate Planning and Probate for South Carolina on
Q: My dad died and the house was left to the children. We went to put the house up for sale. Do all of us have to sign an

agreement to sell before putting the house on the market?

Ryan D Templeton
Ryan D Templeton answered on Nov 9, 2019

The personal representative of your fathers estate is the person has the authority to sell the house if it is still in probate. If it has been transferred to the children already it depends on what the deed says.

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1 Answer | Asked in Criminal Law for South Carolina on
Q: Person on probation living in the house with firearms?

The person on probation has an enhanced misdemeanor for driving under suspension. I am a firearms dealer, all firearms are kept in a room with two locks. South Carolina Code Section 16-23-500 makes it a crime to possess any firearm, including handguns, if you have a conviction for any crime that... Read more »

Ryan D Templeton
Ryan D Templeton answered on Nov 7, 2019

When a person is placed on probation one of the standard terms is that they can not around a weapon. Although it may not be unlawfully for the person on probation to own a weapon once they are off of probation it could be a violation of probation which could result in revocation of probation.

1 Answer | Asked in Child Support for South Carolina on
Q: How do I get child support stopped if the child has moved back into my home
Ryan D Templeton
Ryan D Templeton answered on Nov 1, 2019

You will need to go back to the family court to amend the order which requires child support in the first place.

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: I am separated from my wife due to her wanting out of the marriage. What rights does she have to take kids when she says

She was starting a relationship outside the marriage and after an arguement she left and has been staying at her Dad's house. We tried to work things out between us and it didnt work. Now she tells me she wants nothing do do with me and that she wants to get her kids when she wants and that I have... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 31, 2019

I would recommend contacting a local attorney so that you can get a family court order in place laying out the rights between you. The sooner that you do this they smoother the process will go because until there is a family court order in place she still can come to the house and has full rights... Read more »

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: My husband and I are separated and he still keeps coming into my apartment. Can I stop this?
Ryan D Templeton
Ryan D Templeton answered on Oct 29, 2019

If there is an order in place to live separate and apart you certainly have the right to go back to the family court on a rule to show cause. if you do not have an order in place that is going to be the best process for keeping him out of the apartment. Contact a local family court attorney where... Read more »

1 Answer | Asked in Uncategorized for South Carolina on
Q: Q: I got a judgement in 2014 from discover credit card. If I sell my home will they take my money?

Since then my health has lead me to file for disability. I can't work and can't pay my bills. I have to sell. I have to pay back money I've borrowed from family to pay my bills. I hope I have enough to live on until I get my disability.

Ryan D Templeton
Ryan D Templeton answered on Oct 29, 2019

If they have filed the judgment they will get the amount owed to them at the time of the sale if there is any equity in the home before you get any money out of the home. The Judgment acts like a lien against the property.

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I work at applebees and was burnt bad on my arm loss time from work on doctors orders was not paid. do I have a case
Ryan D Templeton
Ryan D Templeton answered on Oct 29, 2019

It is important that you let your employer know that you were injured as soon as it happened. This is certainly a case for workers compensation and you will want to contact an attorney that does that work in your area.

1 Answer | Asked in Communications Law, Internet Law and Traffic Tickets for South Carolina on
Q: Can you get a ticket for not stopping at a stop sign in a private community in South Carolina
Ryan D Templeton
Ryan D Templeton answered on Oct 24, 2019

The short answer is yes. If the sign complies with the required statutes it is unlawful to not stop.

1 Answer | Asked in Criminal Law for South Carolina on
Q: If im in probation violation already and out on bond do i have to report?

Bonded out peobation violation went to hearing judge gave me 90 days to pay off. I go see probation for scheduled meeting amd get violated and arreated for illegal dumping and probation violation.. Now i bond out ..do i ha e to still report between bond and hearing?

Ryan D Templeton
Ryan D Templeton answered on Oct 21, 2019

Yes! Make sure to immediately report to probation upon your release and all required reports until you go to court. You need to contact an attorney ASAP to represent you are your violation hearing.

1 Answer | Asked in Civil Rights for South Carolina on
Q: What action can I take when a judge in Orangeburg, SC on several occasions, mistreated me sentencing me to jail when I

Could not afford an attorney. I told the truth and yet was verbally degraded by the judge while she, my ex husband and his attorney made statements that were false (with no proof) about me then punishing me for acts that I had not done. The judge was extremely unprofessional.

Ryan D Templeton
Ryan D Templeton answered on Oct 17, 2019

I assume that this is a Family Court Matter but i would tell you that you need to get an attorney that practices family law in that area to intercede on your behalf.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I just got a ticket for endangering emergency services personnel (move over law) I didn't merge or slow down

What can I do? What does this misdemeanor mean will happen to me? Go to court date?

Ryan D Templeton
Ryan D Templeton answered on Oct 15, 2019

If you are convicted you will be assessed a fine and points on your record. You may want to consider a diversionary program such as the traffic education program which is offered by most solicitor offices.

1 Answer | Asked in Civil Rights and Criminal Law for South Carolina on
Q: What constitutes extraordinary circumstances for a prisoner in South Carolina to receive a pardon in South Carolina

Thank you answering my previous question about my brother and his victim's family. His victims family members wrote the clerk of Court and the solicitors office stating that they request a time modifications and/or any relief the court may grant. The clerk of court/solicitors office sent a copy of... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 15, 2019

This is an information sheet provided on SCPPP’s website regarding the criteria that is considered in the granting or denial of a pardon or parole. I don’t know of anyone that does this work on a pro bono basis but you can certainly reach out to the S.C. bar or S.C. legal services to see if... Read more »

1 Answer | Asked in Animal / Dog Law for South Carolina on
Q: My 2 1/2 year old German Shepard Service Dog has been stolen from my property. Is this punishable by law? I know who did
Ryan D Templeton
Ryan D Templeton answered on Oct 14, 2019

Absolutely. You will need to contact your local law enforcement agency and file a report so that they can start an investigation. You can also file a civil matter in Magistrates court to get your dog back from the person.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Does a guardian have to provide all documents she receives from one party to the other party? What is the code of law?

If a Guardian Ad Litem does not provide the documents requested from one party that the other party gave to her? What violation does that fall under? Especially if the other party requesting gave all their documents that the other party did in fact receive. Does the Guardian Ad Litem have to... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 11, 2019

A Guardian does not have to turn over documents unless issued a subpoena. The GAL code sections are 63-3-810 to 63-3-870.

2 Answers | Asked in Criminal Law for South Carolina on
Q: I have been scammed by someone who has showed me their licence and sboe paper work I tried to contact them

How can I find these people

Ryan D Templeton
Ryan D Templeton answered on Oct 10, 2019

Your best bet is going to be to contact law enforcement where the scam occurred and let them investigate.

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