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South Carolina Civil Rights Questions & Answers
1 Answer | Asked in Employment Law and Civil Rights for South Carolina on
Q: Salaried South Carolina employee tardies counted for termination but not required to clock in or out

If you are a salaried employee in South Carolina where you get a fixed salary each paycheck but you're not required to clock in or out how can being late to a shift be counted against you for termination?

James L. Arrasmith
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answered on Oct 10, 2024

I understand your concern about being a salaried employee who isn't required to clock in or out. Even without a time-tracking system, employers can still enforce attendance and punctuality policies. They may monitor your arrival times through managerial observation or other informal methods.... View More

1 Answer | Asked in Child Support and Civil Rights for South Carolina on
Q: How come I am paying CS, but I am being denied access to school events, medical & dental appointments. Is that Legal?
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answered on Oct 8, 2024

I'm sorry you're experiencing these challenges. Paying child support fulfills your financial responsibilities, but access to your child's activities and appointments is governed by custody agreements or court orders. If these rights aren't being honored, it can feel frustrating... View More

1 Answer | Asked in Civil Rights, International Law and Municipal Law for South Carolina on
Q: If I am a resident of a state (SC) and I move from one county to another, what's it take to make me a resident?

For example, if I move from Charleston county to Dorchester county. It was my understanding that if you're in that county for longer than thirty days, and you receive mail correspondence in that county, that you are considered a resident of that county. Is that wrong? Is there something... View More

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answered on Sep 25, 2024

When you move from one county to another within South Carolina, residency rules generally depend on factors like how long you’ve lived there and where you receive your mail. If you've been in the new county for more than 30 days and you’re receiving mail there, this is often seen as... View More

Q: Can a tax accessor pick and choose who get a homestead exemption and deny them no matter the age disability or anything

I am 100 percent disabled and the tax accessor has refused to give my homestead exemption for years and now my house has sold and I’m about to be homeless . But he has told me I wasn’t old enough to get an exemption and I wasn’t disabled enough I need a divorce I wasn’t a legal resident of... View More

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answered on Sep 13, 2024

You may have grounds to challenge the tax assessor’s actions, especially if you believe you've been wrongfully denied the homestead exemption despite meeting the qualifications. In South Carolina, if you're disabled or over a certain age, you may be entitled to the homestead exemption... View More

2 Answers | Asked in Contracts, Civil Rights, Elder Law and Government Contracts for South Carolina on
Q: After leasing this low income apt 1 month ago. I.find out every one has bedbugs Can I get my deposit s back to moved

Do they have to tell me a bout this bed bug problem before or when I rent

Greenville SC

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answered on Sep 7, 2024

When you rent an apartment, the landlord has a duty to provide a habitable living environment, which includes being free from bedbugs. In South Carolina, there are no specific laws requiring landlords to inform tenants about a bedbug problem before renting, but if they knew about it and didn't... View More

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1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: If i had a warrant for a crime i didnt commit and have not been convicted but was arrested and bonded out can I sue?

I am being charged for possession of a stolen fire arm but I didnt commit the crime and have proof I was wrongfully accused.

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answered on Aug 31, 2024

You may have grounds to sue, but it depends on several factors. First, you must focus on proving your innocence in the criminal case. The most important thing is to gather and present your evidence to show that you were wrongfully accused.

If the charges are dropped or you are acquitted,...
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1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

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answered on Aug 31, 2024

In South Carolina, if you refuse to allow an officer to search your vehicle, that alone does not give the officer a reason to claim you're under the influence. However, officers may use other observations, like the smell of alcohol, slurred speech, or erratic behavior, to justify their... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

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answered on Aug 31, 2024

When you refuse to allow an officer to search your vehicle, it’s important to know that this alone does not give them probable cause to accuse you of being under the influence. However, if the officer genuinely believes you are impaired based on their observations—like your behavior,... View More

Q: Is it normal for nurses in a suicide ward to say to cleaning women, "they were trying to make his wife rich before....."

"......he dies." And then when you write emails and try to contact the Human Resources and head nurse departments, your met with obstruction and mocking harassment. Is that normal adult behavior in South Carolina where the Lexington County medical system is owned by a New York Physician.... View More

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answered on Sep 1, 2024

It is not normal or acceptable behavior for nurses or any medical professionals to speak in a disrespectful or insensitive manner about a patient, especially in such a vulnerable setting as a suicide ward. This kind of comment is unprofessional and violates the ethical standards expected in... View More

1 Answer | Asked in Personal Injury and Civil Rights for South Carolina on
Q: I'm a TI, I'm harrassed 24/7 and hit with DEW's all day everyday, I'm choked, jaw jacked, poked, pricked, electrocuted.

I'm off balance always, I have become a recluse, they have caused me to wreck and total my mom's SUV, I'm exhausted, BP is high, increased migraines, my joints hurt and most of the time it's difficult to walk. I can't seem to get them to stop, they tell me to commit suicide... View More

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answered on Sep 1, 2024

I'm really sorry to hear that you're going through such an overwhelming and distressing experience. It's important to know that you're not alone, and there are people who care about your well-being. What you're describing sounds incredibly tough, both physically and... View More

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: I believe my forth amendment rights were violated in 2021 when I was charged with trafficking heroin
Casey Brown
Casey Brown
answered on Aug 29, 2024

Has the case been resolved? If not and you feel that your Constitutional Rights have been violated, it is important to speak with an experienced defense attorney about your case. This could be an issue for you and your attorney to review. If the case has been resolved, you may need to speak with an... View More

1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: Police towed a vehicle I was in possesíon of my private ptoperty

On June 4 th my friends truck broke down on the way to work so. I told him to pull it off my part of the private road on the grass of my private property about 5 feet.so I could work on it .I took possesíon of ios keys and truck told him it b fine .within 8 hrs a deputy comes out searches the... View More

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answered on Jul 27, 2024

It sounds like a difficult situation. First, regarding liability for the towing fees, since you offered to let your friend leave the truck on your property, there might be an argument that you assumed some responsibility. However, the legal obligation typically remains with the vehicle owner. You... View More

1 Answer | Asked in Civil Rights for South Carolina on
Q: After the Cheveron reversal, The SCDMV, suspended my license several years ago, started with non-payment of insurance,

Cheveron, now void, the DMV,made there own laws now unconstitutional, I am going to a DMV Monday record it all, demand me license be reinstated, and when they do not do it, I want to sue the SCDMV , for

50 million, I have been jailed, lost my home , lost my business. For deflation of character,

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answered on Jul 27, 2024

When you go to the DMV on Monday, ensure you have all relevant documents that support your case, including proof that the Chevron decision was reversed and any records related to your license suspension. Politely but firmly request the reinstatement of your license, explaining the impact this... View More

1 Answer | Asked in Federal Crimes and Civil Rights for South Carolina on
Q: Can I file a claim against the state for violating my constitutional rights eleventh amendment double jeopardy law

Being denied snap benefits due to drug charges I've already served sentence for.

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answered on Jul 21, 2024

You can consider filing a claim if you believe your constitutional rights have been violated. The Eleventh Amendment generally provides states with immunity from certain types of lawsuits in federal court, but there are exceptions, especially concerning civil rights violations under federal law.... View More

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: So if you go back to face charges & get probation in SC what I have to move back from Georgia

The original preliminary date was missed due to being involuntarily committed by the state of South Carolina due to a suicide attempt lawyer recused herself and now facing failure to appear but lawyer had told me I had gotten a plea agreement beforehand but never told me what it consisted of and... View More

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answered on Jun 29, 2024

I understand you're dealing with a complex legal situation involving charges in South Carolina while currently residing in Georgia. This is a sensitive matter that requires careful consideration.

1. Probation requirements can vary by state and case. Sometimes, probation can be...
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1 Answer | Asked in Civil Rights for South Carolina on
Q: I am looking for a high profile civil rights lawyer out of North Carolina or Atlanta that can represent me in Greenville
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answered on Jun 26, 2024

To find a high-profile civil rights lawyer in North Carolina or Atlanta who can represent you in Greenville, I'd suggest the following steps:

1. Research prominent civil rights law firms in North Carolina and Atlanta. Some well-known firms include:

- Southern Poverty Law Center...
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2 Answers | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for South Carolina on
Q: What can I do about an ex husband who refuses to refinance the house we shared and remove my name?

We both had items we had to have our names removed from, like vehicles, 4 wheelers, etc. I followed through as instructed. My ex husband has not. After 7 years, my name still remains on the mortgage of the home we shared. What can I do? This is preventing me from purchasing another house, any... View More

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answered on Jun 21, 2024

Based on the situation described, here are some potential options and considerations:

1. Review the divorce agreement: Check the terms of your divorce decree or settlement agreement. If it specifies a timeline for refinancing or removing your name from the mortgage, your ex-husband may be...
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1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for South Carolina on
Q: I need help with suing Dss for false allegation an opening a case an i had a legit prescripton for the medication
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answered on Jun 15, 2024

To sue the Department of Social Services (DSS) for false allegations and opening a case against you, start by gathering all relevant documentation. This includes your prescription for the medication, any communications with DSS, and records of their allegations. This evidence will support your... View More

1 Answer | Asked in Civil Rights for South Carolina on
Q: Is it violating my rights if I'm a read slow and a dss caseworker is demanding me to hurry and sign paperwork?

When trying to read and understand the agreement I was asked to sign the caseworker would demand that I sign, interrupt me while reading and state that it's not that hard

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answered on Jun 3, 2024

Yes, it may be a violation of your rights if a DSS caseworker is pressuring you to sign paperwork without giving you adequate time to read and understand it. You have the right to fully understand any document before you sign it, especially if it affects your legal or personal interests. Pressuring... View More

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for South Carolina on
Q: 1st grader with disability, having the protected by IDEA and ADA acts was being expelled without due process, can I sue?

7-year-old, first grader, in Georgetown County Public School District, Having an evaluation and diagnosis for a disability, We believe was a victim of discrimination and gross negligence, committed by both the public school itself, and the local County School District. Throughout the evaluation... View More

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answered on Jun 3, 2024

You may have grounds to sue the Georgetown County Public School District for expelling your 7-year-old without due process. Under the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA), your child is entitled to specific protections and procedures,... View More

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