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Questions Answered by Ryan D Templeton
1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Is it a must to have to speak to a judge on a magistrate charge of trespassing on train trussle

It was actually for jumping off a bridge on Lake Greenwood

Ryan D Templeton
Ryan D Templeton answered on Sep 20, 2019

The ticket that you were issued should state if you are required to appear or if you can just pay the fine. On your ticket there should be red writing where it indicated if your appearance is required.

2 Answers | Asked in Criminal Law for South Carolina on
Q: If you have a warrant for a vop in florida on a felony . it has been a year and a half and a cop runs your id

And the cop runs your id will the warrent come up and if it does will they bring you back to florida

Ryan D Templeton
Ryan D Templeton answered on Sep 20, 2019

When a warrant is placed into NCIC (National Crime Information Center) database the issuing agency set the area from which they are willing to extradite. For instance, some warrants will be issued for Nationwide extradition some will be instate pickup only. It really just depends on the agency that... Read more »

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1 Answer | Asked in Criminal Law for South Carolina on
Q: If i violated my probation and sentenced to 90 days in the county jail in S.C. do I receive good time for time served
Ryan D Templeton
Ryan D Templeton answered on Sep 10, 2019

You should receive credit for good time while in the county jail.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can a DNA sample be sent from police evidence to a lab and back 4 times and the chain of custody not be questioned?
Ryan D Templeton
Ryan D Templeton answered on Sep 10, 2019

The chain of custody of any evidence can always be called into question but normally with out a failure of the state to call the necessary witnesses the evidence will be admitted into evidence. It is up to a good defense attorney to make sure to bring those issues to the jury to call that evidence... Read more »

2 Answers | Asked in Criminal Law for South Carolina on
Q: I was question about an incident and the investigator stated a DNA sample was required. Nothing to hide I complied.

Question is were my rights violated?

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

As long as you voluntarily provided the sample the officer was legally able to take the sample and use it in his investigation as well as any subsequent prosecution. If law enforcement comes back to talk to you any more you really should have an attorney present with you before you answer any... Read more »

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1 Answer | Asked in Criminal Law for South Carolina on
Q: I am on probation in Greenville SC. I was put on PTUP. My probation officer told me I had to pay everything

Restitution, supervision, court cost, probation fund what needs to be paid

Ryan D Templeton
Ryan D Templeton answered on Sep 5, 2019

In order for your probation to terminate all monies owed may be paid. This includes restitution, court costs, supervision fees, and any other fees that have been assessed by probation(drug test, etc.)

1 Answer | Asked in Criminal Law, Municipal Law and White Collar Crime for South Carolina on
Q: Can you be charged with burglary 3 in general sessions and burglary 3 in municipal Court at the same time.

I went to go look at my charges and they have them listed like that and one of the charges doesn't have an case number {inditemsnt number}. What does this all mean?

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

If you are looking at the charges on the public index it is more likely than not that one is an entry from bond court/prelim court which is in magistrate court and the second entry is the actual pending charge in general sessions court.

2 Answers | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Can my boyfriend be charged with trafficking if he was never in the house where the drugs were found.
Ryan D Templeton
Ryan D Templeton answered on Aug 20, 2019

The short answer is yes but it really depends on the facts of the case and the evidence that law enforcement has to prove trafficking.

The South Carolina Code of Laws Section 44-53-370 (e) provides: "(e) Any person who knowingly sells, manufactures, cultivates, delivers, purchases, or...
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1 Answer | Asked in Estate Planning for South Carolina on
Q: If no fee determined, what can Personal Rep of the Estate b pd if banks, invest, etc exceed $600K

I am PR on an estate exceed $650K, no compensation is stated, what is the fees in SC?

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

SECTION 62-3-719. Compensation of personal representative.

(a) Unless otherwise approved by the court for extraordinary services, a personal representative shall receive for his care in the execution of his duties a sum from the probate estate funds not to exceed five percent of the...
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1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: My live in tenant went to jail for DUI with back rent owed. Can I evict now or do I have to wait?

This was his 3rd DUI and it appears he'll be jailed for a while. I have no idea how long. He doesn't have anyone to throw his bail and I declined myself. I don't want to be financially responsible. He is on a month-to-month agreement and has been here just over a year. We've had past issues... Read more »

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

If you have a lease agreement you can evict for five reason:

1) Failure to pay rent;

2) Material violation of the terms of the lease;

3) Failure to maintain the rental unit in a health and safe manner;

4) Abandonment of the unit; or

5) When the lease term...
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1 Answer | Asked in Family Law for South Carolina on
Q: Can I move from SC to TX with my son without having to go to court?

I have sole custody of my soon to be 12 yr old son. We have a court order for standard visitation and child support. We live in SC and dad lives in NC. Never married. My son hasn't gone for a visit since before April. Dad has agreed to that. I have been offered a promotion in TX. Can we have a... Read more »

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

This is a complicate issue that you will likely have to go before a judge to amend the current custody order. Even if the father agrees to the move the best course of action is to contact an attorney to amend the current custody order.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Is it illegal to park facing traffic in sc
Ryan D Templeton
Ryan D Templeton answered on Aug 6, 2019

Yes, SC Code Section SECTION 56-5-2560 provides:

Parking at right-hand curb not more than 18 inches from curb.

Except as otherwise provided in Sections 56-5-2540 and 56-5-2550, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or...
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1 Answer | Asked in Traffic Tickets for South Carolina on
Q: So if I have had no driving violations in almost 7 years, but am permanently revoked, can my charges be changed at court

I was not charged with anything other than a first DUS, non DUI related, but am apprehensive that a magistrate could pull my record and bump it up to General Sessions and a lot more problems can occur... I'm just having a hard time understanding the law on this....So it would be helpful to know if... Read more »

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

SC State law SECTION 56-1-460 provides:

Penalties for driving while license cancelled, suspended or revoked; route restricted license.

(A)(1) Except as provided in item (2), a person who drives a motor vehicle on a public highway of this State when the person's license to drive is...
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1 Answer | Asked in Traffic Tickets for South Carolina on
Q: Is a verbal warning required or just an option, before giving a citation for parking in a fire lane?
Ryan D Templeton
Ryan D Templeton answered on Aug 6, 2019

It is within the officers discretion to give a warning or write a ticket.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: May the fine listed in SC ST law 56-5-1520 (G) be exceeded when issued a traffic ticket?

The amount listed is actually in a box titled “Bond amount requested”

This may be the reason the amount is higher than the law allows?

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

Likely the officer listed the maximum fine amount including court costs and fees which are assessed on top of the fine amount listed under 56-5-1520.

The fine amount can not exceed the statutory penalty but court costs and assessments can increase that amount.

1 Answer | Asked in Criminal Law for South Carolina on
Q: If a 17 year old got pregnant by a 26 year old in SC would he get in trouble for signing the birth certificate
Ryan D Templeton
Ryan D Templeton answered on Aug 6, 2019

The age of consent in the State of South Carolina is 16. Therefore, so long as all sexual contact between the 17 year old and the 26 year old occurred after she turned 16 it would not be criminal sexual conduct with a minor (some states call this statutory rape).

1 Answer | Asked in Criminal Law for South Carolina on
Q: I was convicted of third-degree burglary why do I have to get CVO on my driver's license
Ryan D Templeton
Ryan D Templeton answered on Aug 6, 2019

South Carolina State law (Section 56-1-148)requires that the DMV place a code on the drivers license or identification card of any person that has been convicted of a crime of violence. Burglary is defined as a crime of violence under South Carolina Law(Section 16-23-10(3))

1 Answer | Asked in Criminal Law for South Carolina on
Q: What is the SC penalty for carrying a concealed weapon, with a CWP, into a restaurant with a no gun sign displayed.
Ryan D Templeton
Ryan D Templeton answered on Aug 6, 2019

SC code section 23-31-215(M) provides that:

"A permit issued pursuant to this section (CWP Section) does not authorize a permit holder to carry a concealable weapon into a:

(10) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises...
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2 Answers | Asked in Family Law and Child Custody for South Carolina on
Q: I have been served a summons and notice regarding alleged contempt of a court order. How do I proceed on my own?

I think I need to file an answer with the plaintiff's lawyer and the clerk of court. Should I also provide an affidavit answering the complaint in detail?

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

I agree with the previous answer but when you freedom is at risk it is always advisable to contact an experienced family law attorney in your area.

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