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Questions Answered by Ryan D Templeton
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... View 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... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: I got my first traffic violation in SC for 10 miles over the speed limit and 2 pts on my license. The trooper decrease

The trooper decreased the ticket from 4pts to 2 and 20miles down to 10miles. I just paid the fee of $75 online. My question is the ticket online says no court appearance required but the back part of the ticket talks about "If you fail to post bond or personally appear in court on the... View More

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

If you have already paid the ticket you do not have to appear for court. The paying of the tickets is really posting the bond. When you don’t appear for court the bond is applied to the tickets for the fine and the conviction is transmitted to the DMV for the points.

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1 Answer | Asked in Contracts and Landlord - Tenant for South Carolina on
Q: Need help regarding lease with two others that do not pay their rent.

In a year long lease with two others that is joint and severely. I have paid my rent on time and in full for the existing 6 months yet my two roommates are continually late on payments and have accrued late fees and bounced check fees on our account. About 2 month ago after they accrued a balance... View More

Ryan D Templeton
Ryan D Templeton
answered on Dec 4, 2019

If you are jointly and severally liable for the entire rent you have very limited options other than catching up the back rent and fees in order to stay in the property. Otherwise the eviction will likely go forward. Take a copy of the lease to an attorney and they might be able to give you some... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: What is the punishment for unlawful use of telephone in South Carolina
Ryan D Templeton
Ryan D Templeton
answered on Dec 4, 2019

The possible punishment for unlawful use of telephone (16-17-430) is $100-$500 (plus assessments) or up to 30 Days in jail. If the charge is unlawful use of 911 (23-47-80) the possible punishment is up to $200 (plus assessments) and/or up to 6 months in prison.

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: I'm mentally ill and can't support myself financially but need to live separately to get a divorce, what do i do?

I'm a woman and i'm basically very anxious and struggle with borderline personality disorder, eating disorder, panic disorder. my mental and physical issues make it impossible for me to keep a normal job, i have no family here or friends so i have no place to stay but we both want to get... View More

Ryan D Templeton
Ryan D Templeton
answered on Dec 4, 2019

In South Carolina in order to get a divorce you must allege a fault ground or a no fault ground. No Fault is living separate and apart for one year. Fault based grounds are adultery, physical abuse, habitual drunkenness or drug abuse, or abandonment. If none of the Fault based grounds apply to you,... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for South Carolina on
Q: I would like to know how to become a paid guardian ad litem in the state of SC?

I have a bachelor's in Education and Psychology, and a master's in Counseling and Coaching. I am currently working with a residential non profit who provides housing and education for sex trafficking survivors. I would like to work with this population as a Guardian ad Litem.

Ryan D Templeton
Ryan D Templeton
answered on Dec 4, 2019

Check out this website: https://www.scbar.org/public/get-legal-help/common-legal-topics/guardian-ad-litem/

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: What kind of time is someone who is charged with felony possession of a pistol, and unlawful carry of a handgun facing?
Ryan D Templeton
Ryan D Templeton
answered on Dec 4, 2019

Unlawful carry of a pistol carries up to 1 year. Based on your question i am unsure of the other charge that you are talking about. If you are talking about possession of a weapon by a person convicted of a crime of violence under state law that charge carries up to 5 years.

1 Answer | Asked in Employment Law for South Carolina on
Q: Does S.C. count adjudicated withheld as a non convicted?

I have charges in FL that were adjudicated withheld. I was 18 and received robbery and assault and battery charges. ( I was in the car when it happened, didn’t do it) I’m now 22 and trying to get my massage therapy license and I’m worried adjudicated withheld doesn’t mean anything to the... View More

Ryan D Templeton
Ryan D Templeton
answered on Dec 3, 2019

You need to contact an attorney in the state of FL and they will be able to answer your question about marking a conviction. That states law would control in this situation.

1 Answer | Asked in Banking for South Carolina on
Q: Yes i was lock up for forgery but I didn't sign no ones names are write the check myself I cash the check for a friend.

My friend told me that she did not have any identification that's why she couldn't cash the check I walked into the bank and I signed my name in front of the tailor that's all I did was sign my name to get the check cashed but I did not forward no name and I did not write the check... View More

Ryan D Templeton
Ryan D Templeton
answered on Dec 3, 2019

If you have been charged you need to contact an attorney ASAP so that they can intercede on your behalf with law enforcement. The sooner the better.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How many times can a bail hearing be moved when the plaintiff wants to be present at the hearing?

The defendant has been given a bond and the plaintiff wants to be present at the bond. The plaintiff missed the first bond hearing. How many opportunities do the plaintiff get to miss before the defendant can post bond?

Ryan D Templeton
Ryan D Templeton
answered on Dec 3, 2019

I think you are mistaking the word victim for plaintiff. The victim must be notified but normally a bond will not be continued more than once to make contact.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How long can they hold someone in jail untill they get booked
Ryan D Templeton
Ryan D Templeton
answered on Dec 3, 2019

In SC a person must be given a bond hearing within 24 hours of arrest.

1 Answer | Asked in Criminal Law for South Carolina on
Q: My husband has a criminal background he has recently been arrested for drug charges that can carry more than 35 years.

He has been in and out of mental counseling along with drug rehabs he suffers from PTSD and other conditions. Is there any chance that we can finally get him help instead of life in prison

Ryan D Templeton
Ryan D Templeton
answered on Dec 2, 2019

The most important thing that you can do right now is get him an attorney that has experience with drug crimes. There are a lot of options that are out there but the sooner an attorney gets involved the better chance he has of staying out of prison for a long period of time.

1 Answer | Asked in Criminal Law for South Carolina on
Q: If I was never convicted of a DUI,can I still be charged with Dus?

They're saying I'm HTO,but the records show that the DMV labeled me as such after a CDV charge

Ryan D Templeton
Ryan D Templeton
answered on Dec 2, 2019

You will need to pull your driving record from the DMV to determine if you are in fact labeled as a habitual offender. There is a particular process that the dmv must go through to make you an HTO and if they miss a step you cannot be convicted.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I missed my court date one day and it was Thanksgiving the next i couldn't get in touch with court what do i do?

After charged dus 2nd non dui. I fixed it with dmv but missed court date i don't have a dus 1st can i still be charged 2nd? Offense

Ryan D Templeton
Ryan D Templeton
answered on Dec 1, 2019

You will need to contact the court first thing Monday morning and ask to reopen your case if you were tried in your absence.

There is a chance if this was your first court date and you did not have an attorney your case was continued.

1 Answer | Asked in Criminal Law, Landlord - Tenant and Small Claims for South Carolina on
Q: does one get in trouble for making too many 911 calls over noise complaints that are unfounded?

My friend’s neighbor in the apartment under her calls the cops on her probably once a month for having her TV too loud. I have been in her apartment when it happened. Not only was it not loud at all, it was in the middle of the afternoon on a weekend. Apparently she is known to do this with all... View More

Ryan D Templeton
Ryan D Templeton
answered on Dec 1, 2019

It is not unlawful to call 911 to report something like this but here is the statute on the unlawful use of 911 which might clarify what could make it unlawful suck as making a false report to 911.

SC Code § 23-47-80:

It is unlawful for a person anonymously or otherwise to:...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: in South Carolina, what does Charge 100:Fugitive from Justice mean? Why would a bond not be set with this charge?
Ryan D Templeton
Ryan D Templeton
answered on Nov 28, 2019

A fugitive from justice warrant is issued when a person is wanted from another state and found in SC. It is basically just a way of holding someone until a hearing can be scheduled for extradition. If the person waived extradition no bond will be set and the other state has a certain period of time... View More

1 Answer | Asked in Family Law for South Carolina on
Q: I am listed as the father of a child that is not mine. how do I proceed to clear this matter up ?
Ryan D Templeton
Ryan D Templeton
answered on Nov 27, 2019

You will need to file a case in family court to delegitimize the child

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