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South Carolina Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: How to file misconduct charges against a police officer for harassment and kidnapping
James L. Arrasmith
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answered on Jul 11, 2023

To file misconduct charges against a police officer for harassment and kidnapping, you can follow these steps; Gather evidence, such as police reports, photographs, or witness statements. File a complaint with the police department. Contact the district attorney's office. Consult with an... View More

1 Answer | Asked in Medical Malpractice and Civil Rights for South Carolina on
Q: My primary care provider asked me why am I donating plasma, I answered because of financial reasons. After the fact

I felt like my privacy was violated. It was none of her concern whether or not I'm doing it to Save a Life or for financial reasons. I had to go there because the Plasma Place needed my primary care physician needed to type up a letter saying what medication I am on and whether or not they... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

You voluntarily responded to your PCP, so no privacy invasion, or HIPPA- which is improper disclosure to third persons. Malpractice? Probably not. Even if it was one of these violations, you probably do not have any significant damages that would be recognized as compensable in a Court of law. This... View More

1 Answer | Asked in Civil Rights for South Carolina on
Q: Who do I need to talk to about getting a case started against the Spartanburg County Sheriff Chuck Wright

He got on national television and slandered the hell out of my name and even lied about me involving my child in something he said I was doing which I beat the case by proving he lied bc it was all on video but that doesn't take care of what he said to the whole world on the news which has had... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2023

You need to talk to an attorney who practices in the area of civil rights law in or near Spartanburg County.

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: What can I do about a solicitor trying to force me to testify against my husband in an effort to secure a conviction?

He literally says this in a court motion. He has withheld evidence for nearly a year and is continuing to pursue charged that stem from illegally obtained evidence and an invalid search warrant. I have tried contacting the ODC but they say they can't do anything because charges are still... View More

Casey Brown
Casey Brown
answered on Apr 5, 2023

In SC, a husband or wife cannot be compelled or forced to testify against their spouse about communication between them during their marriage.

SC Code: 19-11-30

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for South Carolina on
Q: I need a lawyer to look into my now settled arson case pled out to vandalism can't get my motion of discovery

The short of it is I was set up for burning my own house down with all my stuff in it not an insurance job a cheating girlfriends now of age boyfriend that was never told about during there investigation but went into a fire station and told them that I was bragging to him that I done it and even... View More

James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry to hear about your situation. If you have already settled your case and are still seeking your motion of discovery, you may want to consider seeking the help of an attorney who specializes in criminal law.

Here are some steps you can take:

Consult with a criminal...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for South Carolina on
Q: I need advice about criminal cases and also police for violations against me. Also, for them not filing charges against

I need advice about criminal cases and also police for violations against me. Also, for them not filing charges against someone who stole my truck. It's complicated. Basically, if the police decide you better do things there way kr they will put charges on you rather they have evidence proof... View More

James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry to hear about your situation. It sounds like you may benefit from consulting with a criminal defense attorney who can advise you on your legal options and help you understand your rights. An attorney can also provide guidance on how to file a complaint against the police for... View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for South Carolina on
Q: Hi, what would be the most common reason for this? I never resisted or assaulted anyone, I'm completely unknowledgable

I don't understand why I would be served this?

Casey Brown
Casey Brown
answered on Jan 23, 2023

More information is needed to answer your question. What were you served with, an arrest warrant, a subpoena, a civil lawsuit for damages?

1 Answer | Asked in Admiralty / Maritime, Civil Rights, Libel & Slander and Wrongful Death for South Carolina on
Q: My grandfather disappeared at sea while abord the S.S. Robert Luckenbach owned by the U.S.S. Luckenbach company. Help?

It was 1951 after leaving Panama. The Captain wrote a letter questioning his mental health to N.Y. before notifying the family of his disappearance. Would I have a case against U.S.S. Luckenbach steamship company?

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2023

I'm sorry for the loss of your grandfather at sea. If there are any remedies available under South Carolina law, a local attorney would need to advise on those. But your question remains open for two weeks and you also posted under Admiralty/Maritime. Under U.S. maritime law, the Death on the... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for South Carolina on
Q: What are the stipulations to mutual combat in the state of south Carolina?

If two consenting adults agree to engage in mutual combat under supervision of a referee in an enclosed area and all guidelines were met eg.. both parties agree, understand the engagement rules, and agree to end the fight upon a retreat or the inability to continue could legal proceedings occur?

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Nov 12, 2022

Yes, both parties may be charged pursuant to S.C. Code Statutes regarding assault and battery.

Only fights authorized by the SC State Athletic Commission, a division of SC Labor Licensing Regulation, are immune from application of the SC Codes punishing assault and battery.

2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for South Carolina on
Q: I’m curious on if i can take legal action for a situation that happened to me.

I rented a Uhaul truck from a facility and paid for it in full, and then on my drive home I was followed by police, pulled over, and then had 6 cop cars swarm me and demand i get out at gunpoint. I was detained, placed into handcuffs, read Miranda rights, and then told the truck was stolen. I did... View More

Roy Willey
Roy Willey
answered on Oct 17, 2022

You may have a defamation or false arrest claim. Either UHaul should not have reported that particular truck as stolen, or the police stopped the wrong truck (if there was another truck that was stolen and reported as such). Hard to tell who the actual legal claim is against, but you likely do... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, DUI / DWI and Traffic Tickets for South Carolina on
Q: How long can the police hold a fire arm that was confiscated out my vehicle

I got pulled over and was charged with the DUI a few months ago and I allowed the officer to search my vehicle and I told him where my firearm was they took it and the next day when I was released from the jail they didn't give it back how long are they allowed to keep it before I can have it back

James Thomas
James Thomas
answered on Sep 3, 2022

If the firearm is evidence in the case for some reason (it doesn't sound like it, but for example, someone might also be charged with unlawful carry in addition to DUI), then they'll hang on to it for at least as long as the case stays pending in court. But if not, then they should be... View More

1 Answer | Asked in Criminal Law, Antitrust and Civil Rights for South Carolina on
Q: Is it against the law for a officer who wasn't at the incident on scene to write a false statement as if he was there?

The officer who wrote the incident report in my case wrote it out like he was there the whole time, which isn't true.

Also the inital thing I was being pulled over for was damage to personal property. i was charged with traffecking meth, possession of weed and ecstacy. Although I... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 17, 2022

Officer cannot write false statements. On the other hand this is personal to you and I would suggest that you have someone else, perhaps a lawyer you might hire, review the reports and see if his review reaches a conclusion which is the same as yours.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Municipal Law for South Carolina on
Q: Is there a statue of limitations for simple possession in SC?

The cops came to my house on Wed. 11-17 with a search warrant looking to find a large amount of marijuana. They found a roach. My girlfriend said it was hers so they gave her a ticket for simple possession. They then told me I had to go to the police department Mon. 11-21 because they wanted to... View More

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Nov 21, 2021

Is there a statue of limitations for simple possession in SC?

No. There are no statutes of limitations on criminal offenses in South Carolina.

Can they really come back to the house and arrest me?

Yes. In South Carolina we have two types of possession, constructive and...
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Q: Can the law legally hold my truck and impound when it wasn't part of my charges or fines for being arrested

What I was trying to say and not so many words is I got charged with the drugs but there's no charge or fines or tickets if anything to do with the truck how can they hold it

Peter David Brown
Peter David Brown
answered on Sep 2, 2021

IF the arresting agency alleges that the vehicle was used in the futherance of the "criminal enterprise" they can seize it.

(for example: you were stopped with the drugs in the vehicle)

1 Answer | Asked in Agricultural Law, Civil Rights and Criminal Law for South Carolina on
Q: How can my son who is Native American obtain a Native American attorney? Criminal Law & Civil Rights.
Tim Akpinar
Tim Akpinar
answered on Jan 31, 2021

I'm sorry your question went unanswered for three weeks. If your son is still looking for an attorney, you could go to the Find-a-Lawyer tab above - there is a section "Native American Law." You could also run your own independent searches online, or you could visit the website of... View More

1 Answer | Asked in Small Claims and Civil Rights for South Carolina on
Q: My gf/fiancé of 6 yrs and I just broke up. She was cheating. My truck loan is in her name but I make the payment. She

Has given me 30 days to pay her for it or give her the truck. Can she do that

Ryan D Templeton
Ryan D Templeton
answered on Dec 10, 2020

I would need some more information to answer this question but it is important to know how the truck is titled more than who's name is on the note/loan.

1 Answer | Asked in Consumer Law, Products Liability, Civil Rights and Constitutional Law for South Carolina on
Q: Called hotel asked if room stayed in before was vacant after told yes discussed prices and then was told he would not re

Rent me room in front but can rent same room in back. After I called cust Ser. She said guy then said I was banned from property bc of 1st stay. Stayed 1 night and he accused me of having high traffic to and from my room which wasn't true and that me and my girlfriend was sitting outside. I... View More

Tim Akpinar
Tim Akpinar
answered on Nov 13, 2020

A South Carolina attorney could advise best, but your question remains open for three weeks. As a GENERAL matter, hotels are given leeway in terms of declining patrons. The most practical option might be to look into other hotels. You could consult with a South Carolina to ask if they see things... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Personal Injury for South Carolina on
Q: What happen when a innocent person is harm by a dangerous human who set you up to be harm. be cause of the color of me;
Jeremy Rosenthal
PREMIUM
Jeremy Rosenthal
answered on Sep 29, 2020

If someone set you up and you have no criminal intent then you should be morally and legally blameless. You should consult with a criminal lawyer in your state to discuss further specifics.

Q: I quit job over harassment/illegal treatment is there a way to ask owner for severance w/o it being blackmail/extortion?

Been working at a place for over a decade. Many things have happened over that time, some addressed with management. Sexual harassment, threats of violence, refusal to pay overtime, sharing medical information with subordinates, firing other employees for refusing to work sick etc. The owner... View More

Jeremy R. Summerlin
Jeremy R. Summerlin
answered on May 22, 2020

You should speak with an employment lawyer in your area. He or she can review your situation and provide some guidance on the strength of any legal claims you might have, which will aid you (or the lawyer) in making a demand for severance.

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: A black male, early 40's, arrested for illegal carry, never charged with any other charges, ever, doesnt have money to

...hire competent counsel. Obtains legal aid attorney. About to go to second hearing. Can he request and receive a continuation until he secures competent counsel?

Ryan D Templeton
Ryan D Templeton
answered on Jan 20, 2020

It is likely that you will be able to have your case continued but I would recommend talking to some attorneys in your area. Many attorneys that practice criminal law will take a payment plan.

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