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Questions Answered by Ryan D Templeton
1 Answer | Asked in Criminal Law for South Carolina on
Q: Is 16-03-600 (d)(1) an misdemeanor
Ryan D Templeton
Ryan D Templeton answered on Jan 26, 2020

It is a misdemeanor but carries up to a fine of $500 and/or 3 years.

1 Answer | Asked in Family Law and Juvenile Law for South Carolina on
Q: My dad used to abuse me from 12-19. Now I don’t live there, but he does it to my stepsister. Is there anything I can do?

My stepsister is 16. The abuse was mental and physical. (I’m also in South Carolina)

Ryan D Templeton
Ryan D Templeton answered on Jan 21, 2020

You need to contact law enforcement in that area that they live as soon as possible and filed a report so that they can begin an investigation.

1 Answer | Asked in Uncategorized for South Carolina on
Q: my grandson was put on probation 3 years ago with court ordered inhouse rehab, this never happened thru probation.

only answer I received last week was I wasn't working here then, he has been in probation violation for 2 years, his Dad did put him rehab in april 2019 but he only stayed 30 days, but last week he decided he would voluntarily turn himself in to jail. He wanted to man up and put this behind him. It... Read more »

Ryan D Templeton
Ryan D Templeton answered on Jan 20, 2020

I would recommend either reaching out to an attorney in the area where your grandson is in jail or to the public defenders office. He is entitled to an attorney at his probation violation hearing.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How can i be charged with shoplifting (enhanced) on my first shoplifting charge?

Cop charged me with shoplifting enhanced because I had convictions of grand larceny and receiving stolen goods. These charges were 6 years before and both for same offense. Cop said it was my third property crime but the two prior property crimes were for one incedent. Also what I'm being charged... Read more »

Ryan D Templeton
Ryan D Templeton answered on Jan 20, 2020

The SC shoplifting statute allows charges when someone manipulated a barcode or conceals a product. 16-13-110(A)(2).

16-1-57 is the enhancement statute. That statute requires at least two previous convictions for crimes in which the penalty is dependent upon the value of the item.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Regarding criminal law, how can the pardoning process in this scenario be simplified?

The crimes were committed in 2008, but a change in the USC in 2012 re-classified them as violent crimes. B&E, Larceny after the fact, and Larceny by anti-inventory device. The individual has fully reformed themselves and wishes to obtain pardon so they may obtain better employment and a better... Read more »

Ryan D Templeton
Ryan D Templeton answered on Jan 20, 2020

Assuming these charges were state charges you simply need to submit the appropriate forms and supporting documents to the department or Probation, Pardon, and Parole. If you go on PPP’s website you can download the form and instructions.

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: A black male, early 40's, arrested for illegal carry, never charged with any other charges, ever, doesnt have money to

...hire competent counsel. Obtains legal aid attorney. About to go to second hearing. Can he request and receive a continuation until he secures competent counsel?

Ryan D Templeton
Ryan D Templeton answered on Jan 20, 2020

It is likely that you will be able to have your case continued but I would recommend talking to some attorneys in your area. Many attorneys that practice criminal law will take a payment plan.

1 Answer | Asked in Mergers & Acquisitions and Traffic Tickets for South Carolina on
Q: If the officer doesn't work for that jurisdiction anymore that wrote the ticket what happens
Ryan D Templeton
Ryan D Templeton answered on Jan 13, 2020

The officer can return to prosecute the tickets but many times the tickets get dismissed.

1 Answer | Asked in Criminal Law for South Carolina on
Q: If a person is in jail on bench warrant for forgery will they get prison time? And if so how much time will they get ?

The original charge was forgery no dollar amount

Ryan D Templeton
Ryan D Templeton answered on Jan 10, 2020

The fact that the person has a bench warrant has little to do with the ultimate outcome of the case. Without knowing the dollar amount of the forgery I can’t let you know what the possible sentence could be.

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: If I am unable to pay my eviction appeal bond by the time I was given by the judge can the landlord evict me immediately

For example I was given until 4:30 pm Dec 24, 2019 to pay the bond so if I don't pay it can the landlord call the sheriff and have me removed at 5pm on the above mentioned date or does he have to go back to the magistrate and get a order to remove me immediately

Ryan D Templeton
Ryan D Templeton answered on Dec 24, 2019

If you are unable to pay the bond your appeal will be dismissed by the clerk of court and at that point the magistrate will sign another writ of ejectment putting you out.

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: If I am unable to pay my eviction appeal bond by the time I was given by the judge can the landlord evict me immediately
Ryan D Templeton
Ryan D Templeton answered on Dec 24, 2019

If you are unable to pay the bond your appeal will be dismissed by the clerk of court and at that point the magistrate will sign another writ of ejectment putting you out.

1 Answer | Asked in Consumer Law and Criminal Law for South Carolina on
Q: charged w/takin parents vehicle without permission. Cops on Cell recording not reading my rights. Can throw out court

I took my moms vehicle which I was given a key too with permission to use everyday to take brothers to school and personal use if I ask, I was told not to go out and took the car out anyway one night, they told me to be home by 10 or they’d call police. I arrive at 10:30, see the cops as I pull... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 24, 2019

We would need some more information before we can answer that question. The issue would be if you were in custody at the time that you made the admission. You will need to reach out to a criminal defense attorney in your area or the public defenders office if you can not afford a private attorney... Read more »

2 Answers | Asked in Contracts, Foreclosure and Real Estate Law for South Carolina on
Q: I purchased a home on foreclosure and months have passed but the bank still hasn't issued a title or deed to the house

how long the bank have to issue title without me getting some interest on the money I spent to purchase the house

Ryan D Templeton
Ryan D Templeton answered on Dec 24, 2019

From your question I am assuming that you purchased the home at the courthouse at auction. If that is the case, the bank will not issue any title or deed. The Judge (Master in Equity in most cases) will issue the deed and you will have to file it with the County Register of Deeds.

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1 Answer | Asked in Family Law for South Carolina on
Q: In SC, can I marry another person if I’ve been separated 7 years? SC Code 16-15-10 (1)
Ryan D Templeton
Ryan D Templeton answered on Dec 18, 2019

No. You cannot unless you do not know if your spouse is living. That is only a defense to the crime of bigamy. You need to file for divorce to be able to get remarried if you know your spouse to be living.

1 Answer | Asked in Real Estate Law and Tax Law for South Carolina on
Q: My mom and I are buying a house together financed in her name but I need to take off interest on my taxes since I'll pay

the majority of the mortgage each month. She doesn't have to file taxes (retired). How does this work? Can my name be added to the financing documents to show co ownership even though it's her credit that is being approved for the loan?

Ryan D Templeton
Ryan D Templeton answered on Dec 18, 2019

You will need to speak to the attorney that is doing the closing to see how the deed is being drafted. That attorney will be in the best position to advise you and your mother on that situation.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: My father past away my sister lied to me and said everything went to the X wife . But it didn't I didn't find out months

She got his truck and gave his trailer to our aunt ..

Ryan D Templeton
Ryan D Templeton answered on Dec 14, 2019

You may have a claim against the personal representative of the estate if they did not distribute property according to the will or state law if there was no will. You should reach out to an attorney in your area to see what your options are.

1 Answer | Asked in Uncategorized for South Carolina on
Q: Are there any lawyers that are notaries that are willing to go to a state prison in South Carolina to notarize some lega

Are there any lawyers that are notaries that are willing to go to a state prison in South Carolina to notarize some legal paperwork

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

A lot of attorneys around the state are notaries. That being said most prisons have at least one notary on staff.

2 Answers | Asked in Criminal Law for South Carolina on
Q: Do I need a lawyer for a shoplifting case?

Its my first first offence and I have not been in trouble before I am worried of it staying on my record and possibly going to jail and losing my kids

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

It would be a good idea to reach out to a criminal defense attorney in your area. If you can not afford an attorney you should apply for a public defender.

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1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Is assault and battery in the first degree a registrable offence?
Ryan D Templeton
Ryan D Templeton answered on Dec 7, 2019

Registration is in the discretion of the sentencing judge based on the allegations.

2 Answers | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: So you already said I don’t have to show up in court. Is it worth it to fight to have 2 pts dropped?

How does 2 pts affect insurance in SC? Is it worth it to try and fight the points or just be happy the trooper decreased the points from 4 to 2 and since I’ve paid just go on my way? It is my first ticket ever

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

The minimum points on any speeding ticket is two points. The judge does not have the authority to drop them any lower. Your insurance can take the conviction into account but that really depends on your carrier.

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1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: There was damages done to the home we rent over a year ago due to a naturahurricane. What are my right? Should I do?

We signed a year lease, a month later the property changed hands a new lease was never signed.we have lived here going on 3 years. And have fell on hard times due to having a baby. We said there was somethings need to be fixed before we sign a new lease. It's a lot that needs fixed. They were... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 6, 2019

There are very specific requirements under the SC Landlord Tennant Act that you must comply with before you are able to withhold any rent. Failure to comply with all of those requirements could result in eviction if you withhold rent. I would recommend that you reach out to an attorney near you so... Read more »

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