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South Carolina Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for South Carolina on
Q: Does a warrant have to be served once you are in police custody or are they allowed to release you and serve it later.

City Police enter my apartment with a key provided by my landlord, came into my apartment and placed me under arrest and refused to tell me what for for over an hour. Took me to an interrogation room and interrogated me for hours then released me. Picked me up again the next day and interrogated me... View More

James L. Arrasmith
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answered on Nov 17, 2023

In South Carolina, police are not required to serve an arrest warrant immediately upon taking someone into custody. They may release the individual and serve the warrant at a later time. However, if you are arrested, the police should inform you of the charges against you as soon as possible. In... View More

1 Answer | Asked in Constitutional Law for South Carolina on
Q: Is it illegal for the police to come an take pictures of my car and always watching g an following my car
James L. Arrasmith
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answered on Nov 5, 2023

It's important to understand that law enforcement officials have certain legal parameters they must operate within. Taking pictures of your car and surveillance in general can be lawful if it's part of a legitimate investigation and they have a reasonable suspicion of criminal activity.... View More

1 Answer | Asked in Constitutional Law for South Carolina on
Q: Conflict of interest between Lawyer and client

Lawyer representing client in 2018 for her divorce the lawyer is a senator as well. The client comes back after opening a nonprofit asking The now senator that was her attorney in 2018 to sign off on a distribution contribution of $250,000. From the leftover anFrom the leftover money that the... View More

James L. Arrasmith
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answered on Nov 5, 2023

In this scenario, the dual roles of the attorney as a senator and a practicing lawyer raise potential concerns about a conflict of interest. As a former attorney for the client, and now a public official, the lawyer must be cautious to avoid any actions that could appear to be preferential or... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for South Carolina on
Q: What can a parent do when school, and all child’s doctors, specialists, are in violation and won’t comply with the law?

Child with disabilities. Children’s hospital where all specialists are and child’s other doctors as well as school are alienating other parents and won’t comply with parents rights nor the law in SC

James L. Arrasmith
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answered on Oct 15, 2023

In cases where a child with disabilities is involved, federal and state laws provide various rights and protections for the child and the parents. If a school or medical professionals are not complying with the law, the parent has several potential avenues for recourse. They can file a complaint... View More

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1 Answer | Asked in Constitutional Law for South Carolina on
Q: Does the 50% reservation given to guest teachers in Madhya Pradesh teacher recruitment violate the limit set by SC

Indira sahni vs union of india case 1992

James L. Arrasmith
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answered on Sep 11, 2023

The question regarding whether the 50% reservation given to guest teachers in Madhya Pradesh teacher recruitment violates the limit set by the Supreme Court in the case of Indira Sawhney v. Union of India, 1992, is a nuanced one and would ultimately be determined through a detailed legal analysis... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Municipal Law for South Carolina on
Q: Is it legal to carry a 7 inch fixed blade knife in myrtle beach

Used for self defense only

T. Augustus Claus
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answered on Aug 8, 2023

South Carolina law allows for the open carry of most types of knives, including fixed blade knives, as long as they are not intended for an unlawful purpose.

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 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

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

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 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
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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.

1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Q: If I am arrested for a crime a make bail and a person breaks into my house steals my car and vandalizes another car

Person breaks into my house and steals my belongings steals my car vandalizes my other car and physically assaults my girlfriend can I have him arrested

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Jul 8, 2020

Yes, absolutely. Your pending charges have nothing to do with you being the victim of a crime.

You should immediately contact the police agency in the jurisdiction in which your home is located. They will begin the criminal investigation process, and take the next steps from there.

Best.

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and Military Law for South Carolina on
Q: Are we in Admiralty law or common law. Cause our flags in our court room are gold fringed meaning Admiralty law
Tim Akpinar
Tim Akpinar
answered on Jan 24, 2019

Courts today can apply elements of both types of law. It will come down to a matter of the type of case the court has subject matter jurisdiction over, so that if a federal district court is deemed to have admiralty jurisdiction over a matter, it will apply maritime law and the Federal Rules of... View More

1 Answer | Asked in Constitutional Law for South Carolina on
Q: What are a teacher’s First Amendment rights?
Tim Akpinar
Tim Akpinar
answered on Oct 21, 2018

A teacher’s First Amendment rights include freedom of speech and a number of other fundamental freedoms. Freedom of speech is not absolute, meaning that certain forms of speech are not protected. These include speech which incites, is obscene, defamatory, and a number of other prohibited forms of... View More

1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Q: If held in county detention for 9 months and house arrest after awaiting trial, after being found not guilty,

Can i file a cival lawsuit against sheriffs office

Gary Kollin
Gary Kollin
answered on Sep 16, 2018

You can always file suit, but that does not mean you will win

1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Q: Is it legal for the sheriff's office to use inmates to search my residence?
Gary Kollin
Gary Kollin
answered on Sep 16, 2018

Need more detail

1 Answer | Asked in Constitutional Law, Consumer Law and Small Claims for South Carolina on
Q: We had a company come to the house sell us a $7500 water softener installed now they want $1900 to take it out 2 days la

2 days later it's always dripping and we weren't informed about a lot of hidden details about it. Can they charge us this money to take out the system?

D. Nathan Davis
D. Nathan Davis
answered on Jun 12, 2018

If the system was not properly installed, you should demand that the company repair the system before you pay any additional money.

If you are not able to obtain satisfaction with the company, be sure to make sure that the company you used is licensed to work where you live. Unlicensed...
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