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South Carolina Questions & Answers
1 Answer | Asked in Constitutional Law and Traffic Tickets for South Carolina on
Q: In ga can the police search my car on private property parked and for a traffic violation

At a store while parked the officer pulls behind the vehicle and turns on the blues and said that the plates was blocked and proceeded to question and search the vehicle after being told it was not wanted

James L. Arrasmith
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answered on Jul 20, 2024

In Georgia, the police typically need a warrant to search your car, but there are exceptions. If an officer has probable cause to believe that your car contains evidence of a crime, they can search it without a warrant. Probable cause might arise from seeing illegal items in plain view or smelling... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law, Federal Crimes and Probate for South Carolina on
Q: According to genealogy when I was a young child in 1983 a untrustworthy trustee changed the name do I start an appeal?

Do I need to hire the genealogists to prove that it is indeed my heritance? If it was already done in 1983 lawyer xx should have it in his files he was writing everything down do I have to prove it again I had three people do it in triplicate.

James L. Arrasmith
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answered on Jul 21, 2024

You should consider starting an appeal if you believe a trustee made unauthorized changes to your name in 1983. Consulting with a lawyer is essential to understand the legal steps involved and to ensure that your case is properly documented and presented.

If a lawyer from that time, like...
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1 Answer | Asked in Personal Injury and Social Security for South Carolina on
Q: I need help with SSI, reporting and spending money received from a settlement from a car accident that I was injured in.

I already spent some of it, I bought a car and a bed and some other things to help with my injuries. I will need dental implants because I got implant the day of the accident but they don't fit so I have just 4 screws sticking out of my gums since 11/10/22.

James L. Arrasmith
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answered on Jul 18, 2024

To address your situation, it's important to understand how to report the settlement money to the Social Security Administration (SSA) and how it may impact your SSI benefits. You should notify the SSA about the settlement as soon as possible, detailing how the funds were spent. This is... View More

1 Answer | Asked in Federal Crimes and Internet Law for South Carolina on
Q: A person is threatening to kill my wife and I despite the restraining order I have against him, is this illegal?
James L. Arrasmith
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answered on Jul 21, 2024

It is illegal for someone to threaten to kill you and your wife, especially if you have a restraining order against them. Such threats are considered serious crimes and can be classified as harassment, intimidation, or making terroristic threats, depending on your location. The restraining order... 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,

James L. Arrasmith
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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

2 Answers | Asked in Civil Litigation for South Carolina on
Q: is there a way to get involved in a class action lawsuit after the deadline has passed?

I recently found out that a class action lawsuit against a company I worked for was filed but the deadline has passed with the firm, is there a way to file a separate suit against the company.

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2024

A South Carolina attorney could advise best, but your question remains open for three weeks. If you mean the firm's deadline, you could ask them if other options or other firms - some class actions that involve large pools of claimants take on new plaintiffs on a rolling basis. If you mean the... View More

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1 Answer | Asked in Patents (Intellectual Property) and Trademark for South Carolina on
Q: I wanna know more about this trademark, such as Has this patent been proven experimentally?
James L. Arrasmith
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answered on Jul 2, 2024

Let me clarify a few points:

1. Trademarks and patents are different types of intellectual property:

- Trademarks protect brand names, logos, and slogans used to identify goods or services.

- Patents protect inventions and new discoveries.

2. The question "Has...
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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.

James L. Arrasmith
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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 Military Law for South Carolina on
Q: Can I draw concurrent US Army retired pay with a 100% disability rating from the Veterans Administration?

I am a retired US Army veteran with 20+years of service. I an now a 100% disabled veteran by the Veterans Administration. I have combat related disabilities from Agent Orange from exposure in Viet Nam during my active service years.

James L. Arrasmith
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answered on Jul 18, 2024

You can draw concurrent retired pay and VA disability compensation under certain conditions. If your disability is combat-related, you may be eligible for Combat-Related Special Compensation (CRSC). CRSC allows you to receive both benefits without a reduction in your retired pay.... 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

James L. Arrasmith
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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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2 Answers | Asked in Immigration Law and Probate for South Carolina on
Q: Where can an undocumented couple get a marriage license?
Stephen Arnold Black
Stephen Arnold Black
answered on Jun 28, 2024

Different states have different rules on who qualifies for a marriage license. As regards to foreign nationals, some states require an unexpired passport while others will accept an expired one. This distinction can even be seen in different counties in the same state. Nevada for example is very... View More

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1 Answer | Asked in Consumer Law, Small Claims, Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Roof co DENY busting pipe that flooded house AFTER incident was witnessed, acknowledged &flood repairs complete by insur

Roof company manager onsite when incident occurred. Told homeowner not to worry bcuz His roof company has insurance for incidents like this. Roofer threw shingle down into backyard that hit pipe attached to back of kitchen wall. Pipe bust from shingle resultin to house floodin. Roofer called... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

A South Carolina attorney could advise best, but your question remains open for two weeks. Final check should identify the claimant it is payable to - it sounds like you have more than one claim going on here, between water damage from pipe and roof damage from hail. Ask the carrier. In terms of a... View More

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
James L. Arrasmith
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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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1 Answer | Asked in Criminal Law and Consumer Law for South Carolina on
Q: I liable to pay the towing storage fee for my stolen vehicle if I was not notified for over 30 days

My vehicle was stolen and it was impounded and I was not notified for months and when I went to get my vehicle I had to pay the entire fee for the entire time that it had been there can they do that

James L. Arrasmith
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answered on Jun 26, 2024

To address this question, I'll need to provide some general information about towing and storage fees for recovered stolen vehicles.

Generally speaking, the situation you're describing raises some important legal questions:

1. Notification requirements: Many jurisdictions...
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1 Answer | Asked in Constitutional Law for South Carolina on
Q: Removal of 1983 case filed in State Court filed by defense attorney.

1983 42 Case against State official was filed in US District Court. Defendant attorney's only defense was immunity under 11. After a year, the Judge dismissed and closed my case with prejudice due to immunity under 11 only. The merits of the case were not addressed by the judge. I then filed... View More

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answered on Jun 21, 2024

This is a complex situation involving civil procedure, federal jurisdiction, and the interplay between state and federal courts. Let me break down the key issues and offer some guidance:

1. Original Federal Court Dismissal:

The federal judge dismissed your §1983 case with prejudice...
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1 Answer | Asked in Elder Law for South Carolina on
Q: DO I HAVE ANY RIGHTS TO TAKE MY MOM OUT TO LUNCH FROM HER HOME AWAY FROM HER HUSBAND WHO MAY BE ABUSING HER WHO IS DISAB
John Michael Frick
John Michael Frick
answered on Jun 20, 2024

As long as your mom is mentally competent and willing to go out to lunch with you, her husband has no legal right to prevent it.

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 Real Estate Law for South Carolina on
Q: Looking to apply for a HELOC with the consent of another person on the deed for the property

My mom and I own a property together free and clear. She would be willing to sign her consent to me getting a HELOC to renovate, but if I am going to be the only one on the loan, how much could I borrow against the property? Would I only be able to borrow half the value since my mom has 50%... View More

Anthony M. Avery
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answered on Jun 14, 2024

It is up to the lender as to how much they will loan against the home. Mom will probably have to sign the Note also.

1 Answer | Asked in Probate for South Carolina on
Q: Can someone sue when there is no will

Within probate and non relatives are threatening the son of deceased

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answered on Jun 10, 2024

Heirs and Next of Kin have standing to sue about issues concerning their interests in a Decedent's properties.

1 Answer | Asked in Gov & Administrative Law for South Carolina on
Q: I temporarily signed title of my vehicle over to family member for work but now they refuse to sign title back over
Tim Akpinar
Tim Akpinar
answered on Jun 14, 2024

A South Carolina attorney could advise best, but your question remains open for a week. Unfortunately, DMV titles don't usually make a distinction between temporary or permanent transfer. They show ownership or transfer of ownership of a vehicle. The argument you make about the transfer being... View More

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