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South Carolina Federal Crimes Questions & Answers
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 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 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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Q: Is it illegal to share a room with my nephew who is a minor, if I his aunt, am an adult?

He is 11 almost 12, I am 22 almost 23. We can only afford a two bedroom apartment. I will hopefully be living with my sister and nephew. Unless this is against the law. I cannot find a definite answer online, hopefully you can help! Thanks!

James L. Arrasmith
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answered on Apr 6, 2024

In general, there are no laws that prohibit an adult from sharing a room with a minor relative, such as an aunt sharing a room with her nephew. Family members often share living spaces due to financial constraints or personal preferences.

However, there are a few considerations to keep in...
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2 Answers | Asked in Federal Crimes and Criminal Law for South Carolina on
Q: I was charged for lottery fraud. What are the chances of me not going to jail
James L. Arrasmith
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answered on Jan 13, 2024

The likelihood of you not going to jail for a charge of lottery fraud in South Carolina depends on various factors, including the specific details of your case, the strength of the evidence against you, and the effectiveness of your legal defense.

It's important to consult with an...
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2 Answers | Asked in Federal Crimes and Criminal Law for South Carolina on
Q: I was charged for lottery fraud. What are the chances of me not going to jail
T. Augustus Claus
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answered on Dec 27, 2023

If you've been charged with lottery fraud in South Carolina, the likelihood of avoiding jail time depends on various factors, including the specific details of your case, evidence, and the strength of your defense. Lottery fraud is a serious offense, and penalties can range from fines to... View More

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1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Federal Crimes for South Carolina on
Q: Is it normal for you wife to demand a divorce after you ask to get a dna test for your 3 children?

After the democrat trash plandemic, a bunch of trash government and minority officials stalked and harassed me telling me my children aren't mine and insinuate my wife is a paid prostitute and they were here to accept protection and hush money payments. Does any of this sound like women or... View More

James L. Arrasmith
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answered on Sep 7, 2024

It’s understandable that you're feeling overwhelmed and confused in such a difficult situation. If your wife is reacting strongly to your request for a DNA test, it could be for various reasons, such as feeling mistrusted or hurt by the implication that there might be infidelity. While... 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

James L. Arrasmith
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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

2 Answers | Asked in Criminal Law, Personal Injury, Constitutional Law and Federal Crimes for South Carolina on
Q: Are there attorneys that represent Y2K clients?

I have been researching Y2K harassment and haven't been able to find any information on steps to take for legal action. Was wondering if there is legal president for legal action?

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2024

You could continue to run searches, and also check with local and state bar associations. After the turn of the century, there was less emphasis on this area. Good luck

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1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Small Claims for South Carolina on
Q: My father in law passed away in February 2022. An unauthorized transfer of funds was made 6 months after his death.

He was a resident of South Carolina but his bank accounts were at a large National Bank office in California. My wife in South Carolina was the sole heir with ownership of the accounts and in July 2022 she received a call from an individual in New York purporting to be with the National Bank... View More

David H. Relkin
David H. Relkin
answered on Aug 16, 2023

You say that your wife spoke to a National Bank in New York. Then you say that the fraud was perpetrated by someone in Louisiana. I think that you need an attorney to handle this in New York. I don't know the amount of the fraud, but if it is over $25,000 then the case would be brought in the... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for South Carolina on
Q: Can I have more than one charge expunged off of my record. One for conviction, non conviction and traffic court

I was convicted of cdv first offense in 2012. In 2022 I was arrested but not convicted of a felony. I went trough pti and had it expunged. In between that time I had a traffic court charge removed. Can I have multiple charges expunged off of my record?

Casey Brown
Casey Brown
answered on Jun 20, 2023

Multiple charges can be expunged depending on the charge(s). A person is allowed to apply for an expungement of their record more than once.

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Can I answer no to the question listed below if I was arrested and charged with a misdemeanor? No conviction occurred.

"Have you ever been convicted, pled guilty or pled nolo contendere to a felony of any kind or to a non-felony crime involving drugs or moral turpitude?"

I was charged with a misdemeanor for shoplifting. I completed PTI and was never convicted and never plead guilty. I then had the charge expunged.

Stephen Grooms
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Stephen Grooms
answered on Jul 21, 2022

The answer to your question is "yes". You can state that you have never been convicted, assuming this is your only criminal court case. PTI is not a conviction, it is a diversion program that allows you to resolve your charge without going to court and entering a plea.

Best of luck

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Can someone be rightfully charged with burglary 1st at the same address he lives at?

If my boyfriend and I live in the home and he comes and goes freely tho he lives in a dwelling on the property ..... Can the owner of the home rightfully push the charges of burglary? Even though he comes and goes and washes his clothes and makes his meals in the home bc his dwelling don't... View More

Casey Brown
Casey Brown
answered on Jun 22, 2022

An ownership interest in the dwelling will not preclude a conviction of burglary as a matter of law. The jury would have to determine under the totality of circumstances if the defendant used the dwelling in such a manner that it could be said to be his/her home. The test will be if under the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: motion to continue arraignment & trial granted w/out opposition- does that mean case is going to trial w no plea deal?

Federal case. Read this info on the docket. It’s a motion to extend time to file Pre-trial motions.

Meg Strickler
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answered on Jul 7, 2021

There are a lot of reasons why this could occur, but, no it definitely does not mean a case is going to trial with no plea deal. One reason a motion to continue is filed could be that the AUSA is about to reindict with a superseding indictment and doesn't want to arraign defendant twice and... View More

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Am I required to report information I have discovered that could affect the outcome of a federal criminal case

Suspect is indicted already & is my husband.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Jul 4, 2021

No, you are under no obligation to testify or inform the government of information in your possession unless you are under subpoena.

Even then, you cannot be forced by subpoena or the court to testify against your spouse, if you are legally married, as you and he have “spousal...
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1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Can someone be violated BC of non payment to the probation office?
Stephen Grooms
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Stephen Grooms
answered on Mar 18, 2021

Absolutely, payment of fines, fees, and any restitution ordered by the Court are all conditions of successfully completing probation. Therefore non payment could be grounds for violation.

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: Would misdemeanor assault and battery 2nd degree be considered a crime of violent under SC Code 16-1-60?
Stephen Grooms
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Stephen Grooms
answered on Sep 1, 2020

No, it is not a crime of violence per 16-1-60. It is considered a non violent crime, and while it is classified as a misdemeanor it carries up to 3 years in prison. So any conviction, regardless of the imposes sentence could impact your federal rights to own and possess a firearm.

2 Answers | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: I was drunk entering jail didn't know I had a roach in my pocket which is very small amount of weed only trouble had dui

Was charged with bring in contraband I don't want go to prison what do I do

Stephen Grooms
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Stephen Grooms
answered on Aug 21, 2020

You should contact a local defense attorney, the chances of you going to prison over a roach are minimal, that being said an attorney may be able to help you keep this off your record.

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1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: If a person is being charged with attempted murder at a bail hearing are they supposed to give them the lowest bond

Because they give this man that know the police was looking for him and left the state to NC and got caught and picked up coming back into sc then they let his parent speak in court and not ours then the judge gave the man the lowest bond and a bracelet to be monitored to a nc home . There was no... View More

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Jul 13, 2020

Hello,

What you have described does sound appropriate to a SC Bond Hearing.

In all bond courts the Constitution requires a bond to be given to a defendant. Bond may only be denied, and that denial reviewed by a Circuit Judge, if a defendant presents an unreasonable and continuing...
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1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for South Carolina on
Q: This is kind of an odd question lol so prepare yourself.

I am a 16 year old girl and am constantly asked for nudes on social media sites like snapchat and instagram. I’m often offered money for said photos or videos. I don’t ever want to send my own photos so I started just looking up photos online and sending those photos in exchange for money.... View More

Stephen Grooms
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Stephen Grooms
answered on Apr 13, 2020

What you are doing is definitely not legal, I would strongly recommend you quit immediately and stop interacting with strangers on social platforms. There are a number of different federal and state criminal charges this could fall under (not to mention potential civil claims) and the people you... View More

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