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Questions Answered by Ryan D Templeton
1 Answer | Asked in Animal / Dog Law for South Carolina on
Q: My 2 1/2 year old German Shepard Service Dog has been stolen from my property. Is this punishable by law? I know who did
Ryan D Templeton
Ryan D Templeton
answered on Oct 14, 2019

Absolutely. You will need to contact your local law enforcement agency and file a report so that they can start an investigation. You can also file a civil matter in Magistrates court to get your dog back from the person.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Does a guardian have to provide all documents she receives from one party to the other party? What is the code of law?

If a Guardian Ad Litem does not provide the documents requested from one party that the other party gave to her? What violation does that fall under? Especially if the other party requesting gave all their documents that the other party did in fact receive. Does the Guardian Ad Litem have to... View More

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

A Guardian does not have to turn over documents unless issued a subpoena. The GAL code sections are 63-3-810 to 63-3-870.

2 Answers | Asked in Criminal Law for South Carolina on
Q: I have been scammed by someone who has showed me their licence and sboe paper work I tried to contact them

How can I find these people

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

Your best bet is going to be to contact law enforcement where the scam occurred and let them investigate.

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1 Answer | Asked in Criminal Law and Civil Litigation for South Carolina on
Q: Can a victim's family, after trial, and a guilty verdict, petition a court for a time/sentence reduction for an inmate?

My Brother was convicted of murder in 1995. Since then, the victim's family has written the judge and solicitors office to have his sentence reduced or pardoned. Can or do the victim's family have this authority since the solicitor is their attorney? Letter of forgiveness was sent in to... View More

Ryan D Templeton
Ryan D Templeton
answered on Oct 9, 2019

As a former state prosecutor I have never heard of a sentence reduction based on the request of the victim through the court system. Your best bet would be for the victim to contact the department of probation parol and pardons to request a pardon from the governor.

2 Answers | Asked in Family Law for South Carolina on
Q: Do I legally have to talk to DSS if I already signed a contract stating I dont need supervision with my child?

I went to the ER. They drug tested me and i didnt know until DSS came knocking on my door saying i was drug tested and was positive for weed. Me, my daughter, and boyfriend all did drug test and DSS came back a month and half later to let us know my daughter and I are negative but my boyfriend... View More

Ryan D Templeton
Ryan D Templeton
answered on Oct 9, 2019

The Department of Social Services has a lot of power so it is very important to contact a local family attorney where you live so that they can intercede with the family court on your behalf if needed.

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1 Answer | Asked in Wrongful Death for South Carolina on
Q: Our unwed child died and we adopted her infant son. How would the award be distributed in a wrongful death case?
Ryan D Templeton
Ryan D Templeton
answered on Oct 9, 2019

SC Code 15-51-20 states that the proceeds of a wrongful death action shall go to the spouse or children. Assuming that the child is under the age of majority the proceeds will have to be placed into a conservatorship for the benefit of the child. If you have not contacted and attorney yet that is... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for South Carolina on
Q: How long do I have to report someone giving alcohol, vapes, and marijuana to minors? They made drug deals at a school.

Marijuana was purchased from a middle schooler by an adult at a middle school. It is my understanding that a 1 year old was in the car during the drug deal on school property. The marijuana was brought to the adult's home and smoked with a middle schooler, and the 1 year old was in the home... View More

Ryan D Templeton
Ryan D Templeton
answered on Oct 9, 2019

There is no statute of limitations in SC on the distribution/purchase of illegal drugs so there is not a set amount of time to report. That being said, unless the drugs are still in existence this is a case that would be very hard to prosecute.

1 Answer | Asked in Divorce for South Carolina on
Q: Does my ex have legal rights to repossess a car we are both on the loan for?

He is on the car loan as primary and I am the cosigner. He has his own car and I drive and make payments on this vehicle. The insurance is also in both of our names. We lived together for 12 years. He keeps trying to repossess the car and hold it over my head to force me to sign mediation paperwork... View More

Ryan D Templeton
Ryan D Templeton
answered on Oct 9, 2019

If you are married you need to file a matter in family court to deal with all of the custody and property issues between you. That being said, absent a court order if both of your names are on the title to the car you have equal rights to drive the vehicle.

1 Answer | Asked in Divorce for South Carolina on
Q: My ex is slow mailing the papers back! He does not care that they are time sensitive! What do I do?

I filed for divorce in June. The plan was to serve my ex via publication. However, mysteriously out of the blue his "fiance" contacted me, offering to file for the divorce and pay for it. I already filed. She insisted the papers be served to my husband via email instead of publication,... View More

Ryan D Templeton
Ryan D Templeton
answered on Oct 9, 2019

It sounds like you have an attorney so he/she is going to be the best person to advise you on your steps going forward. Your attorney knows all the facts of your case.

1 Answer | Asked in Family Law for South Carolina on
Q: My husband and I have guardianship of our nephew. Started as safety plan day he was born. He is 21 months now. Mother

Hasnt seen him in over a year. Her choice. Father ask to see him approximately every 2 to 3 months now And nofinancial,emotional or physical support by either. Child doesnt really know them. Father now talking about he wants custody. He doesnt have his own place. He just got a job anot sure if hes... View More

Ryan D Templeton
Ryan D Templeton
answered on Oct 9, 2019

It really depends on what the current custody situation is now (is there a court order granting you custody or is there still just a DSS safety plan) and if the father is a fit parent. At the end of the day based on the amount of time that you have had the child and the substance abuse that you... View More

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I got a ticket for 63 in a 45 but the cop reduced it to a 10 or less... I really cant afford no more points on me

Is there any way to keep them from going on my record ? Like a class or somthing ?

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

One option is called the Traffic Education Program (TEP) which is offered by most Solicitor’s offices in the state. I would recommending calling the solicitor in the area that the ticket occurred and they can explain to you the program requirements.

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: Can my landlord charge me $550 in late fees for being late on the rent Plus 35 returned check fee

My rent was only 11:50

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

Your lease should lay out what late fees may be assessed. Many leases have terms that charge a fee per day late.

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: Decaying bathroom floor after two years of stay was found. Who is responsible for the repairs? Landlord or tenant ?
Ryan D Templeton
Ryan D Templeton
answered on Oct 4, 2019

It really depends on the language of the lease. If the tenant knew about the issue and failed to notify the landlord the tenant may have some liability as well.

1 Answer | Asked in Landlord - Tenant and Personal Injury for South Carolina on
Q: If a landlord owns a mobile home park and is neglectful of whole property, how would you report them?

Numerous mobile home units are neglected from repairs. There are units with water damage, units that are rotting, units that are literally falling apart, and huge pest infection throughout whole MHP which in some units living point blank is impossible. Yet homes still get rented out.

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

The most appropriate agency to report these issues to would be the local housing authority or code enforcement depending on where the mobile home park is located.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How long can SC hold someone for another state

Husband was arrest and got time serve now how long does he wait for another state can come and get him.

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

If he does not waive extradition they can hold him for up to 20 days to allow the other state to get a governor’s warrant for his extradition.

2 Answers | Asked in Criminal Law for South Carolina on
Q: I have a fraudulent check arrest record from over 20 years ago. How can I request that it be removed/expunged?

What documents are needed? Must they be filed in person? Is a lawyer required to assist in this process? The check was less than $50 and was paid for at the law enforcement agency when processed.

Ryan D Templeton
Ryan D Templeton
answered on Sep 30, 2019

The process for getting an expungement can be confusing but if that is the only charge that you have on your record i would recommend contacting the solicitor's office in the county where you were charged and they will be able to process the expungement with a certified copy of the disposition... View More

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1 Answer | Asked in Traffic Tickets for South Carolina on
Q: If a driver gets into a marked road median prior to a marked turn lane , is this a ticket able offense in South Carolina
Ryan D Templeton
Ryan D Templeton
answered on Sep 22, 2019

More likely than not if you are getting into a median you cross a double yellow lane when you enter the turn lane and therefore it would be a traffic violation. I hope this answers your question.

2 Answers | Asked in Criminal Law for South Carolina on
Q: I was recently charged with breach of trust with fraudulent intent. I have no idea what to do is I’ve never been through

I’ve never been in trouble if I’m found guilty what could happen

Ryan D Templeton
Ryan D Templeton
answered on Sep 22, 2019

The possible penalties for breach of trust with fraudulent intent depends on the amount of the fraud. If the amount of the fraud is less than $2000 the maximum possible penalty is $1000 (plus additional court fees) or 30 days in jail. If the amount is $2,000-10,000 the maximum penalty is 5 years... View More

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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... View More

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