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South Carolina Questions & Answers
1 Answer | Asked in Estate Planning for South Carolina on
Q: My dad passed away it was on will that everything be left to me he had a friend said dad gave him car 2 months ago

he already transfer title my dad said he was leaving to my son

Nina Whitehurst
Nina Whitehurst answered on Dec 12, 2019

If your dad transferred the car during his lifetime, then it is no longer part of his probate estate and, therefore, it is not governed by his will. This is especially true if your dad gave the car away or sold it for cash during his lifetime.

In rare cases, such as a sale of a car on...
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1 Answer | Asked in Uncategorized for South Carolina on
Q: Are there any lawyers that are notaries that are willing to go to a state prison in South Carolina to notarize some lega

Are there any lawyers that are notaries that are willing to go to a state prison in South Carolina to notarize some legal paperwork

Ryan D Templeton
Ryan D Templeton answered on Dec 11, 2019

A lot of attorneys around the state are notaries. That being said most prisons have at least one notary on staff.

2 Answers | Asked in Criminal Law for South Carolina on
Q: Do I need a lawyer for a shoplifting case?

Its my first first offence and I have not been in trouble before I am worried of it staying on my record and possibly going to jail and losing my kids

Ryan D Templeton
Ryan D Templeton answered on Dec 11, 2019

It would be a good idea to reach out to a criminal defense attorney in your area. If you can not afford an attorney you should apply for a public defender.

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1 Answer | Asked in Consumer Law, Contracts and Business Law for South Carolina on
Q: Is a photographer required to refund a deposit if the session is cancelled d/t inclement weather? Mine refuses.

She says no refunds. Alternatively she has offered to notify me of future scheduled sessions. They’re few and far between.

Tim Akpinar
Tim Akpinar answered on Dec 8, 2019

It could depend on the terms of the underlying agreement between you and the photographer, in particular, what is said about the deposit. If that point is not addressed, it could be open to debate. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Is assault and battery in the first degree a registrable offence?
Ryan D Templeton
Ryan D Templeton answered on Dec 7, 2019

Registration is in the discretion of the sentencing judge based on the allegations.

2 Answers | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: So you already said I don’t have to show up in court. Is it worth it to fight to have 2 pts dropped?

How does 2 pts affect insurance in SC? Is it worth it to try and fight the points or just be happy the trooper decreased the points from 4 to 2 and since I’ve paid just go on my way? It is my first ticket ever

Ryan D Templeton
Ryan D Templeton answered on Dec 7, 2019

The minimum points on any speeding ticket is two points. The judge does not have the authority to drop them any lower. Your insurance can take the conviction into account but that really depends on your carrier.

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1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: There was damages done to the home we rent over a year ago due to a naturahurricane. What are my right? Should I do?

We signed a year lease, a month later the property changed hands a new lease was never signed.we have lived here going on 3 years. And have fell on hard times due to having a baby. We said there was somethings need to be fixed before we sign a new lease. It's a lot that needs fixed. They were... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 6, 2019

There are very specific requirements under the SC Landlord Tennant Act that you must comply with before you are able to withhold any rent. Failure to comply with all of those requirements could result in eviction if you withhold rent. I would recommend that you reach out to an attorney near you so... Read more »

2 Answers | Asked in Criminal Law and Traffic Tickets for South Carolina on
Q: I got my first traffic violation in SC for 10 miles over the speed limit and 2 pts on my license. The trooper decrease

The trooper decreased the ticket from 4pts to 2 and 20miles down to 10miles. I just paid the fee of $75 online. My question is the ticket online says no court appearance required but the back part of the ticket talks about "If you fail to post bond or personally appear in court on the assigned... Read more »

Allison Brandt Blackwelder
Allison Brandt Blackwelder answered on Dec 6, 2019

The fine you paid is the bond amount, so you do not need to appear in court. You have already taken care of the matter responsibly. Best of luck!

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1 Answer | Asked in Immigration Law for South Carolina on
Q: Hi, I was wondering if my husband needed to file form 1-589 if I've already filed I-130 last year (2018)?

We've received a receipt almost a year ago stating that my application was received is being process, but there's been no update since then. I've requested an inquiry just now. I'm just worried since he has another court date in Feb 20 and we haven't heard anything yet.

(I should hear back... Read more »

Amanda B Cook
Amanda B Cook answered on Dec 4, 2019

Please defer to the advice of the attorney who is representing him in immigration court. if he doesn't have one, i strongly suggest you hire an experienced deportation defense lawyer.

1 Answer | Asked in Contracts and Landlord - Tenant for South Carolina on
Q: Need help regarding lease with two others that do not pay their rent.

In a year long lease with two others that is joint and severely. I have paid my rent on time and in full for the existing 6 months yet my two roommates are continually late on payments and have accrued late fees and bounced check fees on our account. About 2 month ago after they accrued a balance... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 4, 2019

If you are jointly and severally liable for the entire rent you have very limited options other than catching up the back rent and fees in order to stay in the property. Otherwise the eviction will likely go forward. Take a copy of the lease to an attorney and they might be able to give you some... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: What is the punishment for unlawful use of telephone in South Carolina
Ryan D Templeton
Ryan D Templeton answered on Dec 4, 2019

The possible punishment for unlawful use of telephone (16-17-430) is $100-$500 (plus assessments) or up to 30 Days in jail. If the charge is unlawful use of 911 (23-47-80) the possible punishment is up to $200 (plus assessments) and/or up to 6 months in prison.

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: I'm mentally ill and can't support myself financially but need to live separately to get a divorce, what do i do?

I'm a woman and i'm basically very anxious and struggle with borderline personality disorder, eating disorder, panic disorder. my mental and physical issues make it impossible for me to keep a normal job, i have no family here or friends so i have no place to stay but we both want to get divorced... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 4, 2019

In South Carolina in order to get a divorce you must allege a fault ground or a no fault ground. No Fault is living separate and apart for one year. Fault based grounds are adultery, physical abuse, habitual drunkenness or drug abuse, or abandonment. If none of the Fault based grounds apply to you,... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for South Carolina on
Q: I would like to know how to become a paid guardian ad litem in the state of SC?

I have a bachelor's in Education and Psychology, and a master's in Counseling and Coaching. I am currently working with a residential non profit who provides housing and education for sex trafficking survivors. I would like to work with this population as a Guardian ad Litem.

Ryan D Templeton
Ryan D Templeton answered on Dec 4, 2019

Check out this website: https://www.scbar.org/public/get-legal-help/common-legal-topics/guardian-ad-litem/

1 Answer | Asked in Criminal Law and Federal Crimes for South Carolina on
Q: What kind of time is someone who is charged with felony possession of a pistol, and unlawful carry of a handgun facing?
Ryan D Templeton
Ryan D Templeton answered on Dec 4, 2019

Unlawful carry of a pistol carries up to 1 year. Based on your question i am unsure of the other charge that you are talking about. If you are talking about possession of a weapon by a person convicted of a crime of violence under state law that charge carries up to 5 years.

1 Answer | Asked in Employment Law for South Carolina on
Q: Does S.C. count adjudicated withheld as a non convicted?

I have charges in FL that were adjudicated withheld. I was 18 and received robbery and assault and battery charges. ( I was in the car when it happened, didn’t do it) I’m now 22 and trying to get my massage therapy license and I’m worried adjudicated withheld doesn’t mean anything to the... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 3, 2019

You need to contact an attorney in the state of FL and they will be able to answer your question about marking a conviction. That states law would control in this situation.

1 Answer | Asked in Banking for South Carolina on
Q: Yes i was lock up for forgery but I didn't sign no ones names are write the check myself I cash the check for a friend.

My friend told me that she did not have any identification that's why she couldn't cash the check I walked into the bank and I signed my name in front of the tailor that's all I did was sign my name to get the check cashed but I did not forward no name and I did not write the check out so what can... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 3, 2019

If you have been charged you need to contact an attorney ASAP so that they can intercede on your behalf with law enforcement. The sooner the better.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How many times can a bail hearing be moved when the plaintiff wants to be present at the hearing?

The defendant has been given a bond and the plaintiff wants to be present at the bond. The plaintiff missed the first bond hearing. How many opportunities do the plaintiff get to miss before the defendant can post bond?

Ryan D Templeton
Ryan D Templeton answered on Dec 3, 2019

I think you are mistaking the word victim for plaintiff. The victim must be notified but normally a bond will not be continued more than once to make contact.

2 Answers | Asked in Bankruptcy for South Carolina on
Q: We had a discharge of bankruptcy 5 yrs ago. Recently received a wrongful death settlement, trustee wants it. Our rights?

Initially said they wanted for unsecured credit cards. We said okay. Now they want it all. House was in discharge and has been foreclosed on.

Stuart Nachbar
Stuart Nachbar answered on Dec 3, 2019

If the claim was pending when you filed and did not exempt it out, then the trustee has a right to make a claim on it. As for how much, probably the amount of your debt, plus the Trustee's Counsel and Trustee's Commission. Talk to your lawyer

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1 Answer | Asked in Criminal Law for South Carolina on
Q: How long can they hold someone in jail untill they get booked
Ryan D Templeton
Ryan D Templeton answered on Dec 3, 2019

In SC a person must be given a bond hearing within 24 hours of arrest.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: What are my options for getting my girls back?

I went to court in Anderson county October 25th, 2018. Custody was granted to the paternal grandparents. I have completed everything necessary to have custody returned to me. I am in desperate need of getting a new court date.

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Dec 2, 2019

You would have to file a new case seeking custody of your children to get them back. I suggest you get a consultation with a lawyer to review the prior court order and to discuss whether you have sufficient change in circumstances to file for return of custody.

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