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Questions Answered by Ryan D Templeton
1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: My son is 20 years old and has been raised by myself and his stepfather and wants him listed as his father

He wants it legally documented that his stepfather is his father- is this possible? And if so how does he start the process for this?

Ryan D Templeton
Ryan D Templeton answered on Jun 26, 2020

I would recommend reaching out to an attorney where your son lives. They will be in the best position to advise you on the process for adoption.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Does south Carolina have the prison release reoffender act like Florida
Ryan D Templeton
Ryan D Templeton answered on Jun 17, 2020

I am not sure what Florida has but if you are talking about enhanced penalties for persons recently released from prison SC has:

SECTION 16-1-120. Increased sentences for repeat offenders.

(1) When an individual, who was convicted of a Class A, B, or C felony offense or an exempt...
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1 Answer | Asked in Criminal Law and Identity Theft for South Carolina on
Q: Personal care worker stole my dad's bank info and opened a Paypal acct in her name. Is this identity theft?

PayPal verified my dad's acct by debiting .25 and then crediting the acct with .20 and then .05. I was quick to catch this bcuz as his POA I monitor the acct and he's been asking me to see if his stimulus check has been deposited. Although the money was taken out and put back in would... Read more »

Ryan D Templeton
Ryan D Templeton answered on Jun 17, 2020

Assuming that this occurred in South Carolina i would recommend that you reach out to your local law enforcement agency and file a report. This could certainty be considered breach of trust or even possibly exploitation of a vulnerable adult. A law enforcement agency would need to investigate to... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Why doesn’t my SC Public Records report match my SC SLED report?

My SC public records states I have 2 shoplifting charges and some seatbelt violations, however, my SC SLED report says I have a driving under suspension, 2 shoplifting charges, trespassing charge, false information to police...why does it not match?

Ryan D Templeton
Ryan D Templeton answered on Jun 14, 2020

When you say ‘SC Public Records’ if you are talking about a public index search you have to search each county where your may have been arrested as well as any municipalities that do not report to the county system. If you look at the SLED background check each charge should be linked to an... Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I drove around a work truck that had a lane blocked. I was contacted by SHP and was ordered to accept a ticket.

A state trooper contacted me and wants me to accept a reckless driving ticket, even though the info came from the work crew. The trooper was not there. He is threatening to seek an arrest warrant if I dont accept the ticket. Is this legal?

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

I would recommend that you reach out to an attorney in that area so that the attorney can reach out to the trooper.

1 Answer | Asked in Criminal Law for South Carolina on
Q: If I paid for a state and federal attorney and get sentence for Federal prison, what happens to my money with state?

All my charges was drop with the state. Need to know do I get my money back from the lawyer I hired to handle my case if I got sentenced with the state.

Ryan D Templeton
Ryan D Templeton answered on May 30, 2020

The state and federal charges can stand alone so more likely than not the attorney that represents you on the state charges has still earned his fees in your case unless something was put into your retainer agreement.

1 Answer | Asked in Criminal Law for South Carolina on
Q: I have been charged with unlawful use of the 911 number it is my first offense I was also heavily intoxicated

I don’t remember calling the emergency 911 number

Ryan D Templeton
Ryan D Templeton answered on May 30, 2020

I would recommend that you speak to a criminal defense attorney about your options. There are diversionary programs that may be a fit for you and without hearing the actual 911 call no one can get you a good idea of what to expect out of this case.

1 Answer | Asked in Divorce for South Carolina on
Q: Married in Florida but now living in South Carolina, which state would my spouse and I file for divorce?
Ryan D Templeton
Ryan D Templeton answered on May 20, 2020

State law provides time requirements on residency before you can file an action for divorce in a SC courts. See SECTION 20-3-30. Residence requirement.

In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year...
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1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I use my friends name for a ticket, I paid the ticket but she wants to snitch on me, will I get in trouble
Ryan D Templeton
Ryan D Templeton answered on May 20, 2020

You could be charged with the original charge under your name as well as an additional charge for providing false information to law enforcement.

1 Answer | Asked in Criminal Law for South Carolina on
Q: If u get arrested in SC by an scdc officer he says u r on scdc property an u r not and tries to charge u with contraband

I was driving by scdc property an had tobacco an liquor in my car in a book bag and not on scdc property got pulled down passed the prison the scdc officer locked me up an charged me with contraband to an inmate how is tht legal

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

The SC contraband statute reads as follows:

SC Code § 24-3-950 (2013)

It shall be unlawful for any person to furnish or attempt to furnish any prisoner under the jurisdiction of the Department of Corrections with any matter declared by the director to be contraband. It shall also...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for South Carolina on
Q: If an inmate's case gets overturned while he's in prison shouldn't he get out of prison immediately?

His projected release date is still 13 years away on the scdc website.

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

It really depend on the basis for the case being overturned. In many cases the state will try the case again so bond has to be set to make sure that person shows up for the next trial.

1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: How do I get an unaltered copy of an adoption decree? Before the judge made corrections. Would a copy be on record.
Ryan D Templeton
Ryan D Templeton answered on Apr 16, 2020

The final decree as signed by the judge would be on file with the clerk of court. Any other version you would need to talk to the person that drafted the document who would more likely than not would be an attorney.

1 Answer | Asked in Criminal Law and Landlord - Tenant for South Carolina on
Q: Can a landlord make you move out in 2 months and I'm disabled getting a SSDI check.

These people let me move in there house which has been empty for a year...The helped me out and only charged me $300 dollars for rent because my SSDI was not much.. I have been staying for about I months now.. I got a phone call telling me I had to move out in 2 months because they wanted to enjoy... Read more »

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

It really depends if there is a written lease. If there is a lease setting out a term (length of time) that the lease is valid for they cannot evict you before the end of that lease unless they have some cause to do so. If it is only a verbal lease it is normally presumed that it is a month to... Read more »

1 Answer | Asked in Adoption and Child Custody for South Carolina on
Q: My daughters paternal grandmother has primary custody and I get her every weekend father in jail signed away rights gma

Want to adopt but I no longer agree. What can happen if she tries and I object and when can I request a change of custody

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

If there is a substantial change in circumstance you can always request a change in custody. It would be a good idea to reach out to a family law attorney in your area that can advise you on the best course of action. If you are served with any paperwork regarding the child you need to make sure to... Read more »

1 Answer | Asked in Animal / Dog Law for South Carolina on
Q: Whenever my ex and i broke up, he let me keep our dog on the weekends and sometimes during the week

Then out of no where he took the dog from me and refused to let me see him or get him for two years. He went to jail for about two months recently but contacted me before hand and asked me if i could keep our dog while he was in there. Now that hes out, hes wanting to come get the dog. If i dont... Read more »

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

He would have to file a claim and delivery action in Magistrate Court to force you to return the dog. If you both have an ownership interest in the dog you have just as much right to keep the dog as he does. If on the other hand he can prove that he is the sole owner of the dog then the court would... Read more »

1 Answer | Asked in Small Claims for South Carolina on
Q: Nephew's wedding was cancelled. Photographer will not refund. No contract was signed.

It was booked in January 2019. Photographer has also been charging them for emails, texts, and phone calls which was never disclosed. What can they do?

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

A complaint can be filed in magistrate court as long as the amount is less than $7,500.00 and present this issue to a magistrate to resolve. It would probably be a good idea to speak with an attorney in your area to see if they might be able to help you with this. In some cases attorneys will take... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: my father passed and i moved in house and have been paying all the bills.want to rehab property.

siblings want nothing to do with property...and i want to rehab property for mom and me...there was no will...but i have lived here and all bills are in my name...

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

You need to contact an attorney in your area that does probate work. Without more information it is going to be really hard to answer your question. Who's name is the property in? Did your father's estate go through probate?

I would recommend that you call and speak to a probate...
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1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: How can a New owner charge all these extra fees and everything that needs fixing they charge the tenants?

The apts. have been here for at least 40 years. I've been here 17 yrs. No upgrade or anything. New owners come from New York City , Bought the property and now tacking all these fees on us, pest fee:$5.00, Community Fee: $10.00, Renter's ins. $12:00 for the building only, My rent now is... Read more »

Ryan D Templeton
Ryan D Templeton answered on Apr 6, 2020

You would need to take a look at the lease that you signed. The written lease determines the duties and obligations between the parties. in most cases leases are signed for one year at a time and landlords are within their rights to increase rent and fees from year to year but not during a lease... Read more »

1 Answer | Asked in Juvenile Law for South Carolina on
Q: Is it legal for a 16 year old girl & a 20 year old man to date and have sex with each other in South Carolina?
Ryan D Templeton
Ryan D Templeton answered on Apr 6, 2020

The age of consent in the State of SC is 16 years old so the 20 year old can not be charged with statutory rape. That being said, a 20 year old could be charged with contributing to the delinquency of a minor in certain situations.

3 Answers | Asked in Bankruptcy for South Carolina on
Q: Someone said I had a warrant I checked, it said the data source was SC bankruptcy Court I never filed for bankrup

I'm confused because I never discussed bankruptcy and never filed for bankruptcy I don't understand why that would be the data source so I'm trying to find out if I do actually have some kind of warrant out that's legitimate

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

I don't know where you received this information but you can also reach out to your local sheriff's department over the phone and see if you are wanted from some other agency. The sheriff's department will be able to run a check and see if you are in fact wanted.

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