Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
South Carolina Questions & Answers
0 Answers | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: What is the minimum sentence for kidnapping in SC?

I'm seeking information on the potential sentencing for a kidnapping charge. My ex recently came to my workplace, locked the door, and physically assaulted me. He has a criminal history and currently faces charges of kidnapping, stalking, and second-degree assault and battery, with no bond... View More

0 Answers | Asked in Criminal Law, Civil Litigation and White Collar Crime for South Carolina on
Q: What are my legal options after an altercation led to legal issues?

I was involved in a physical altercation with a woman who has manipulated my family, resulting in them siding against me in this situation. I was arrested and spent a day in jail, released on a PR bond, with ongoing court proceedings since October last year. Despite having bruises and recording... View More

0 Answers | Asked in Criminal Law and Municipal Law for South Carolina on
Q: Impact of estreatment hearing after case disposal for failure to appear in Aiken, SC.

In Aiken, SC, I had a criminal case in municipal court for an open container charge. After failing to appear initially, I went before the judge three times, and the case was disposed of. Despite this, an estreatment hearing was scheduled due to the failure to appear. What becomes of this... View More

0 Answers | Asked in Civil Litigation for South Carolina on
Q: How to add defendants in a SC civil case after new evidence?

In a civil case in South Carolina, I filed a summons and complaint in December, and recently had a court hearing that the defendant didn’t attend nor responded to the complaint. My father, who was one of the plaintiffs, passed away right before the hearing, so I filed a motion to substitute him,... View More

1 Answer | Asked in Trademark and Intellectual Property for South Carolina on
Q: Can I use a trademarked symbol for memes if owner says they won't sue?

I am considering using a symbol for meme purposes that has been trademarked since 2017. The symbol has been around for decades and is widely recognized. The trademark owner has publicly stated in interviews and publications that they would not pursue legal action for using it. I have not reached... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

You always need the right to use a trademarked symbol even for a meme. Public assurances that the owner won’t sue don’t legally strip away their enforcement rights, since non‑assertion statements can be withdrawn.

If you’re using the mark purely to comment on or parody the brand...
View More

1 Answer | Asked in Health Care Law for South Carolina on
Q: Can my doctor's office charge for providing my sleep test results without a visit?

I did an at-home sleep test two months ago and had to pay a significant amount out of pocket. Despite repeatedly calling my doctor's office for the results, they told me I couldn't get them unless I came in for an office visit. I was not informed beforehand that an office visit would be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

You have the right to access your medical records, including test results, without being forced to schedule a visit. Under federal law, specifically the HIPAA Privacy Rule, a medical provider must provide you with a copy of your health information within a reasonable time when requested. They are... View More

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Does a deed error with missing name part affect ownership proof and Real ID application in SC?

I discovered that the deed to my home, issued in 2022, does not include my full legal name, as it only contains the second part of my two-part last name. Although I haven't had to use the property record to prove ownership or residency yet, I'm concerned about this discrepancy, especially... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

A deed that lists only part of your legal name can create confusion when trying to prove ownership or residency—especially for government procedures like obtaining a Real ID in South Carolina. Agencies typically look for consistency across your legal documents, including deeds, utility bills, and... View More

1 Answer | Asked in Education Law and Civil Rights for South Carolina on
Q: Can I sue the school for a teacher aide's public remarks about my autistic son's behavior and mishandling support in SC?

Can I pursue legal action against the school if a teacher aide publicly discussed my autistic son's behavior, specifically mentioning he scratched her child, while at the school pickup line? My son is in special education, and they have not provided adequate support for him. Recently, there... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

Yes, you may have grounds to take legal action if the teacher aide’s public comments violated your son’s right to privacy under the Family Educational Rights and Privacy Act (FERPA) or if those remarks caused reputational or emotional harm. Publicly disclosing identifiable information about... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: Fired after a month for alleged wage disclosure at Arby's without defense opportunity and concerns about theft pinning.

I was fired from my job at Arby's after a month of employment because the manager claimed I disclosed my hourly wage to coworkers, which I didn't do. I was not given any opportunity to defend myself. I recently learned that the company might be looking for someone to blame for alleged... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

It sounds like your termination was handled unfairly, and you have valid concerns about the situation. First, you should request a meeting with your former employer or HR to formally ask for the reasons behind your termination. Make sure to document everything, including your request and any... View More

1 Answer | Asked in Agricultural Law and Real Estate Law for South Carolina on
Q: Brother wants to sell land deeded to me; my rights?

I currently own a piece of family land in South Carolina that my brother signed over to me about 10 years ago in an attorney's office without a written agreement. My brother, who has been paying the property taxes and has made improvements, now wants to sell his home and the land, but I do not... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

If the deed to the land is in your name and was properly recorded, then you are the legal owner—regardless of who has been paying the taxes or making improvements. In South Carolina, once a deed is signed and recorded, ownership transfers, and your brother no longer has a legal claim to that... View More

2 Answers | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Family Law for South Carolina on
Q: How to obtain a divorce decree from 1982 in SC?

In 1982, I hired a lawyer in Oconee County, South Carolina, for my divorce. A summons and petition were filed and served to the defendant, and there's an affidavit of default on file, indicating the defendant did not respond. However, there is no divorce decree available, and the lawyer has... View More

Christopher Biering
Christopher Biering
answered on Apr 12, 2025

Your delimma presents a multitude of legal issues. While a longshot, I would likely want to explore the continuation of the original case in an effort to allow the relation back to date of filing for the defining of the marital estate. I would assume since that time you have acquired assets you... View More

View More Answers

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Health Care Law for South Carolina on
Q: Jail refuses Hep-C medication & legal aid for relative; next steps?

I have a relative who is serving time in jail and has been diagnosed with Hepatitis C a few months ago. The jail refuses to provide his medication, citing that his insurance and Medicaid won't cover transportation of the medicine from the pharmacy to the jail. He has just had blood work done... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Your relative’s health and access to justice are both incredibly important, and it's clear you're doing everything you can to help. Under **SC Code of Law Title 24, Chapter 7, Section 24-7-110**, the jail has a duty to provide necessary medical care, including medication for conditions... View More

1 Answer | Asked in Gov & Administrative Law and Criminal Law for South Carolina on
Q: Why is my probation officer asking me to pay restitution through them instead of directly, as ordered by the judge?

I was sentenced to pay restitution, and my sentencing sheet specifies that I am to pay the victim directly, including their name and contact information. My probation officer insists I pay through them instead, claiming they are entitled to a 20% cut. I also pointed out an error on my sentencing... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

Restitution Payment Analysis

The discrepancy between your court-ordered payment method and your probation officer's instructions represents a significant administrative conflict that warrants immediate clarification. Court orders, as reflected in your sentencing sheet, generally take...
View More

1 Answer | Asked in Immigration Law and Traffic Tickets for South Carolina on
Q: Will a speeding ticket misdemeanor affect my F1 visa status in South Carolina?

I'm on an F1 visa and received a speeding ticket (10 mph over the posted limit) in South Carolina in 2021. It was classified as a misdemeanor, and I paid the fine online without needing to appear in court or have fingerprints taken. With concerns about student visas being revoked for traffic... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025

Getting a speeding ticket while on an F1 visa can feel stressful, but in most cases, a minor traffic violation like this won't affect your visa status. Since you were only cited for driving 10 mph over the limit, paid the fine, and weren’t required to go to court or be fingerprinted, it’s... View More

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: Can resisting arrest stand alone as a charge without other charges in SC?

During an investigation for a disturbance, officers attempted to detain two individuals without consulting the caller first. These individuals resisted the detention, leading to a charge of resisting arrest. Is this charge valid without any underlying charges linked to the disturbance?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

In South Carolina, it is possible for resisting arrest to stand alone as a charge, even if there are no other underlying charges. Resisting arrest is generally considered a crime in itself if a person knowingly and willfully obstructs or resists an officer who is attempting to make a lawful arrest... View More

1 Answer | Asked in Probate and Real Estate Law for South Carolina on
Q: Will I be able to put a different mobile home on my mother's land without probate?

I have been living on my mother's property for the last 10 years, both while she was alive and after she passed away. Since no probate proceedings have been initiated, will I be able to put a different mobile home on this land, even though the land isn't in my name? Do I have any rights... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

If the land is still legally in your mother’s name and probate hasn’t been opened, then the property hasn’t officially passed to anyone else yet. That means you technically don’t have legal ownership or authority to make changes, like placing a new mobile home on it. Even if you've... View More

1 Answer | Asked in Real Estate Law and Tax Law for South Carolina on
Q: How many years to gain ownership if I'm the only one paying land taxes on heirs' property?

I have heirs' property and I'm the only one paying land taxes for the past 4 years. There are no written agreements about tax payments among the heirs, and I haven't notified other heirs about my payments. How many years should it take for me to gain ownership if I'm the only one paying taxes?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

In South Carolina, you may be able to gain ownership of heirs' property through a legal process called "adverse possession," which allows a person to claim ownership of land after continuous use and payment of taxes for a certain period of time. However, for adverse possession to... View More

Q: How to join a class action lawsuit as a plaintiff for pet damages?

I would like to know how to join a class action lawsuit against a manufacturer whose product caused damages to my pet, including muscle control loss, paresis, recumbency, and a UTI. I have already opened a case with the manufacturer but am not yet part of the lawsuit. What steps do I need to take... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025

I’m really sorry to hear about what happened to your pet—it’s heartbreaking to watch a beloved animal suffer because of a product you trusted. If you’ve already reported the issue to the manufacturer and opened a case, that’s a good first step, but it doesn’t automatically include you... View More

2 Answers | Asked in Identity Theft, Consumer Law and Employment Law for South Carolina on
Q: Do I have to pay for fraudulent utility accounts in my name in SC?

I recently discovered that multiple utility accounts were fraudulently opened in my name, resulting in my electricity being cut off. The energy company informed me over the phone that I must pay $4,900 within 24 hours, but I have no knowledge of who committed this fraud or how it happened. I... View More

D. Nathan Davis
D. Nathan Davis
answered on Apr 10, 2025

Welcome to the world that we live in now. Fraud is everywhere and the first step is to contact your local police department. After that, you need to contact the customer service at the electric company and talk with them. The power company is going to assume you are wrong and it is your job to... View More

View More Answers

1 Answer | Asked in Criminal Law for South Carolina on
Q: Penalty for first offense vehicular assault in SC

What is the penalty for vehicular assault in South Carolina if it's a first offense with no other charges involved?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

In South Carolina, first-degree assault and battery is a felony offense punishable by imprisonment for up to 10 years. The severity of the charge and potential penalties can vary based on factors such as the presence of any prior offenses and the specifics of the incident.

Given the...
View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.