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Questions Answered by Ryan D Templeton
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...
Read more »

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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 »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Do I have to show up for speeding ticket in South Carolina?
Ryan D Templeton
Ryan D Templeton answered on Jan 7, 2021

The ticket will say if attendance in court is required or if you can just pay the ticket.

1 Answer | Asked in Small Claims and Civil Rights for South Carolina on
Q: My gf/fiancé of 6 yrs and I just broke up. She was cheating. My truck loan is in her name but I make the payment. She

Has given me 30 days to pay her for it or give her the truck. Can she do that

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

I would need some more information to answer this question but it is important to know how the truck is titled more than who's name is on the note/loan.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Got caught shoplifting less than $50 of merchandise at Walmart. What to do and what can happen? I didn’t sign any papers

Police were called and I did receive a summons to get a court date. No prior record.

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

It’s always a god idea when you have be charged with a crime to contact a criminal defense attorney in the area where you were charged. That lawyer is going to be in the best position to work out a deal with the prosecutor, get you into a diversion program, or take your case to a jury if needed.... Read more »

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 »

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