South Carolina Questions & Answers by Practice Area


South Carolina Questions & Answers

Q: Is malicious injury to personal property less than 2000 a misdemeanor or felony in SC? How much can the fine be?

1 Answer | Asked in Criminal Law for South Carolina on
Answered on Mar 22, 2017

This is a misdemeanor in South Carolina. The fine portion of the potential sentence can be up to $1,000.
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Q: I've bought a used car and the next day the transmission stops. Anything legal I can do? I purchased as is but one day?

1 Answer | Asked in Products Liability, Business Formation, Business Law and Lemon Law for South Carolina on
Answered on Mar 18, 2017

If the warranty covers drive train it should. You want to find out what the problem was. If it'something they have to know about, then you can go after them. File a complaint with better business bureau, with the attorney General;s office of consumer affairs.
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Q: Can I get pulled over for a seatbelt but before he got to my window I had it on ? He said he pulled me over for it

1 Answer | Asked in Traffic Tickets for South Carolina on
Answered on Mar 14, 2017

Yes, that is allowed and standard operating procedure for officers.
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Q: Do I need to go through probate if my mother does not have a will?

1 Answer | Asked in Probate for South Carolina on
Answered on Mar 14, 2017

The house is not 'half' anyone's until probate is completed. If the house were owned SOLELY by your mother, it is now up to her estate to pass title to her heirs.

However tread carefully!

There is probably a 'due on sale' clause meaning when the Estate tries to transfer title the whole mortgage will be due immediately. Indeed, some banks interpret the passing of the house to the Probate Estate as a 'material change' triggering the due on sale clause!

Seek local legal...
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Q: Do you have to slow down or stop when making a left turn from the middle/yellow lane, if the oncoming cars are far away?

1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
Answered on Mar 11, 2017

You need to read your rules of the road. In most states you pull up to the line, stop, then go. If they are far away, nothing happened, right? If something happened they weren't that far away, right? If yoiu got a ticket read your statute.Very closely.
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Q: I got pulled over for going under a red light when I had enough time. He gave me two tickets and I have court.

1 Answer | Asked in Traffic Tickets for South Carolina on
Answered on Mar 4, 2017

Traffic citations can have consequences beyond court dates and fines. An experienced traffic attorney can look at you citations and let you know what options may be available to make things better. Call one today to make sure you take advantage of all of your options.
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Q: What are the chances of bail on a rape charge of a person with no prior criminal record?

1 Answer | Asked in Criminal Law for South Carolina on
Answered on Feb 25, 2017

It is impossible to answer without more specific facts as courts look at the totality of the circumstances. For example, ties to the community and job status are always considered in my experience.
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Q: I was hit by a van at work while doing my job. Do I have to pay them back for doctor bill from my sued

1 Answer | Asked in Personal Injury and Workers' Compensation for South Carolina on
Answered on Feb 22, 2017

You should consult a member of the SC Assn for Justice who handles comp and injury cases. I suggest you contact Carl Jacobson in Charleston. He gives free consultations. Tell him I sent you. Generally your suit would include the amount of money comp may ask for.
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Q: The state of south carolina retained my income tax refund for unpaid student loans my wife incurred before we married.

1 Answer | Asked in Tax Law for South Carolina on
Answered on Feb 20, 2017

Typically if you claimed her as a dependent, the state would not keep your refund to apply it to her tax debt. However, you can only claim your spouse as a dependent if you file as Married Filing Separately and meet other qualifications.

If you filed as "Married Filing Jointly" and she merely did not have any income, then the state would be able to claim your tax refund for payment of her student loan debt. It appears that South Carolina will allow you to request "Injured Spouse"...
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Q: I am purchasing a small business in South Carolina, if I feel confident I do the paperwork right, do we need a lawyer?

2 Answers | Asked in Business Formation for South Carolina on
Answered on Feb 15, 2017

That's completely your decision, because companies can act through their officers except with respect to appearing in court. It is recommended that one at least consult a business attorney to make sure you have not overlooked any material issues or misconstrued the "standard" clauses in a sale/purchase agreement, as well as to consider legal implications of buying assets v. a going concern business, such as rights to intellectual property, good will and cooperation/non-competition by the...
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Q: Do you have to have a hearing when you want to place someone in default?

1 Answer | Asked in Car Accidents for South Carolina on
Answered on Feb 14, 2017

you have to notice a hearing on a default judgement but if it's just that they failed to file a pleading normally you serve a notice of intent to take default.
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Q: I am a guest at a hotel and was attacked at the free continental breakfast by an employee of the hotel. What can I do?

1 Answer | Asked in Libel & Slander, Personal Injury, Consumer Law and Contracts for South Carolina on
Answered on Feb 12, 2017

Is there a place you can go that doesn't cost as much? If so move and cancel the reservation & tell your credit card. I would contact a local attorney, Carl Jacobson in Charleston. Use my name--he'll give you a free consultation.
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Q: I got a ticket 5 years ago for a expired licence and I didn't pay it what do I need to do to go get my licence back.

1 Answer | Asked in Traffic Tickets for South Carolina on
Answered on Feb 11, 2017

Your first step is contacting the court that handled your case five years ago and paying that fine or serving whatever sentence was ordered. If you have no other license issues, proof that you handled the old charge may be enough for the DMV to allow you to get your license back.

If you are unsure about your old case or if you have other traffic issues, it is a good idea to hire an experienced traffic attorney to help you.

Good luck!
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Q: my son was with a group of kids an beat up another student. My son then put a BB gun to scare him.

1 Answer | Asked in Criminal Law for South Carolina on
Answered on Feb 10, 2017

Your son could face serious criminal charges, as could his friends. I would contact an attorney as soon as possible to protect his rights.
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Q: If I'm a part time employee am I still covered under workers comp?

1 Answer | Asked in Workers' Compensation for South Carolina on
Answered on Feb 10, 2017

Yes. If your employer has or is required to have workers' compensation coverage, you are covered even if you only work part time. An employer is required to have coverage if they regularly employ four or more employees in the business. I hope this helps.
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Q: Hi...I was a No Call-No Show for 2 days for which I had WC appts scheduled 4 hrs later from shift start

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on
Answered on Feb 7, 2017

I'm sorry to have to tell you that your concern is correct. You can be fired for violating company policy, even when you have a workers' comp claim. South Carolina is an "employment at will" state which basically means that, except for illegal discrimination, an employer can fire you for almost any reason, or even for no reason. Other than for retaliation, South Carolina workers' comp law does not provide any additional protection for your job. An employer can not retaliate against you for...
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Q: Work comp injury, two opinions by two specialist that are completely the opposite, work comp want pay for third opinio.

1 Answer | Asked in Personal Injury and Workers' Compensation for South Carolina on
Answered on Feb 7, 2017

You don't have to have the surgery. Contact attorney Carl Jacobsen in Charleston. He gives free consults, is super experienced, he'll steer you right. Give him my regards.
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Q: My son has a previous duac in south carolina 2 yrs ago he recently just refused a breathalyzer in south carolina and

2 Answers | Asked in DUI / DWI for South Carolina on
Answered on Feb 5, 2017

He faces a mandatory 6 months in jail for a third DWI. The prior two offenses from out of state will count. With jail on the line, the question should not be over money. Rather look for an attorney that specializes i. Third offense charges.
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Q: In April 2014 I fell at work and broke my shoulder. WC paid for two surgeries. In May I was laid off.

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on
Answered on Feb 3, 2017

I'm a little unclear whether you were hurt in SC or hurt elsewhere before you took a job in SC. If you have a SC workers' comp claim, with the permanent problem you appear to have as a result of your work injury, you would be entitled to be compensated. It's called permanent partial disability. You may be able to obtain a voluntary settlement from the insurance company but, to be sure you are being fairly compensated and that all of your rights are protected, especially for an injury as...
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Q: If my sister got a lawyer to fight other sister in probate case.Does that lawyer receive 33% of all

1 Answer | Asked in Probate for South Carolina on
Answered on Feb 2, 2017

The amount of attorneys fees in any case involves a number of factors. Usually, the person that hires the lawyer is responsible for that fee. I can't speak for South Carolina law ( I only practice in Tennessee) but here in probate cases or other inheritance cases, the Judge can allow a fee based on the size of the estate under the premise that the services rendered by the lawyer benefitted not only the one client, but other parties as well. ( the legal term is the 'common fund doctrine'). The...
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