Lawyers, Answer Questions  & Get Points Log In
South Carolina Questions & Answers
1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I just got a ticket for endangering emergency services personnel (move over law) I didn't merge or slow down

What can I do? What does this misdemeanor mean will happen to me? Go to court date?

Ryan D Templeton
Ryan D Templeton answered on Oct 15, 2019

If you are convicted you will be assessed a fine and points on your record. You may want to consider a diversionary program such as the traffic education program which is offered by most solicitor offices.

1 Answer | Asked in Civil Rights and Criminal Law for South Carolina on
Q: What constitutes extraordinary circumstances for a prisoner in South Carolina to receive a pardon in South Carolina

Thank you answering my previous question about my brother and his victim's family. His victims family members wrote the clerk of Court and the solicitors office stating that they request a time modifications and/or any relief the court may grant. The clerk of court/solicitors office sent a copy of... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 15, 2019

This is an information sheet provided on SCPPP’s website regarding the criteria that is considered in the granting or denial of a pardon or parole. I don’t know of anyone that does this work on a pro bono basis but you can certainly reach out to the S.C. bar or S.C. legal services to see if... Read more »

1 Answer | Asked in Animal / Dog Law for South Carolina on
Q: My 2 1/2 year old German Shepard Service Dog has been stolen from my property. Is this punishable by law? I know who did
Ryan D Templeton
Ryan D Templeton answered on Oct 14, 2019

Absolutely. You will need to contact your local law enforcement agency and file a report so that they can start an investigation. You can also file a civil matter in Magistrates court to get your dog back from the person.

1 Answer | Asked in Car Accidents for South Carolina on
Q: How do I go about filing an artribation so that liability can be determined?

August 8-I was in an accident. The FR 10 form and Traffic Collisiom Report put the other party at fault

August 20- Other party agreed to pay for damages out of his pocket to avoid it going on his insurance (This is a conversation between the other party, the insurance agent and myself)... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 13, 2019

A South Carolina attorney would be best suited to answer your question, but it remains open for three weeks. As a general matter, standard motor vehicle forms (depending on the jurisdiction - it's not a sure bet) sometimes contain information on their reverse sides on how to file for arbitration... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Does a guardian have to provide all documents she receives from one party to the other party? What is the code of law?

If a Guardian Ad Litem does not provide the documents requested from one party that the other party gave to her? What violation does that fall under? Especially if the other party requesting gave all their documents that the other party did in fact receive. Does the Guardian Ad Litem have to... Read more »

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

A Guardian does not have to turn over documents unless issued a subpoena. The GAL code sections are 63-3-810 to 63-3-870.

1 Answer | Asked in Criminal Law for South Carolina on
Q: My friend has been charged with 1st sexual misconduct with a minor.How can she prove her innocence?

The incident happened 4-6 years ago when the child was between the ages of 6-8. The child seems to have been coached by the stepmother and father. The defendant has never been in trouble and doesn't have a criminal record. Her bond was denied though I suppose for unpaid child support. What can my... Read more »

Gary Kollin
Gary Kollin answered on Oct 10, 2019

She needs to work with her attorney

2 Answers | Asked in Criminal Law for South Carolina on
Q: I have been scammed by someone who has showed me their licence and sboe paper work I tried to contact them

How can I find these people

Ryan D Templeton
Ryan D Templeton answered on Oct 10, 2019

Your best bet is going to be to contact law enforcement where the scam occurred and let them investigate.

View More Answers

1 Answer | Asked in Criminal Law and Civil Litigation for South Carolina on
Q: Can a victim's family, after trial, and a guilty verdict, petition a court for a time/sentence reduction for an inmate?

My Brother was convicted of murder in 1995. Since then, the victim's family has written the judge and solicitors office to have his sentence reduced or pardoned. Can or do the victim's family have this authority since the solicitor is their attorney? Letter of forgiveness was sent in to the court... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

As a former state prosecutor I have never heard of a sentence reduction based on the request of the victim through the court system. Your best bet would be for the victim to contact the department of probation parol and pardons to request a pardon from the governor.

2 Answers | Asked in Family Law for South Carolina on
Q: Do I legally have to talk to DSS if I already signed a contract stating I dont need supervision with my child?

I went to the ER. They drug tested me and i didnt know until DSS came knocking on my door saying i was drug tested and was positive for weed. Me, my daughter, and boyfriend all did drug test and DSS came back a month and half later to let us know my daughter and I are negative but my boyfriend... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

The Department of Social Services has a lot of power so it is very important to contact a local family attorney where you live so that they can intercede with the family court on your behalf if needed.

View More Answers

1 Answer | Asked in Wrongful Death for South Carolina on
Q: Our unwed child died and we adopted her infant son. How would the award be distributed in a wrongful death case?
Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

SC Code 15-51-20 states that the proceeds of a wrongful death action shall go to the spouse or children. Assuming that the child is under the age of majority the proceeds will have to be placed into a conservatorship for the benefit of the child. If you have not contacted and attorney yet that is... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for South Carolina on
Q: How long do I have to report someone giving alcohol, vapes, and marijuana to minors? They made drug deals at a school.

Marijuana was purchased from a middle schooler by an adult at a middle school. It is my understanding that a 1 year old was in the car during the drug deal on school property. The marijuana was brought to the adult's home and smoked with a middle schooler, and the 1 year old was in the home while... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

There is no statute of limitations in SC on the distribution/purchase of illegal drugs so there is not a set amount of time to report. That being said, unless the drugs are still in existence this is a case that would be very hard to prosecute.

1 Answer | Asked in Divorce for South Carolina on
Q: Does my ex have legal rights to repossess a car we are both on the loan for?

He is on the car loan as primary and I am the cosigner. He has his own car and I drive and make payments on this vehicle. The insurance is also in both of our names. We lived together for 12 years. He keeps trying to repossess the car and hold it over my head to force me to sign mediation paperwork... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

If you are married you need to file a matter in family court to deal with all of the custody and property issues between you. That being said, absent a court order if both of your names are on the title to the car you have equal rights to drive the vehicle.

1 Answer | Asked in Divorce for South Carolina on
Q: My ex is slow mailing the papers back! He does not care that they are time sensitive! What do I do?

I filed for divorce in June. The plan was to serve my ex via publication. However, mysteriously out of the blue his "fiance" contacted me, offering to file for the divorce and pay for it. I already filed. She insisted the papers be served to my husband via email instead of publication, "so it would... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

It sounds like you have an attorney so he/she is going to be the best person to advise you on your steps going forward. Your attorney knows all the facts of your case.

1 Answer | Asked in Family Law for South Carolina on
Q: My husband and I have guardianship of our nephew. Started as safety plan day he was born. He is 21 months now. Mother

Hasnt seen him in over a year. Her choice. Father ask to see him approximately every 2 to 3 months now And nofinancial,emotional or physical support by either. Child doesnt really know them. Father now talking about he wants custody. He doesnt have his own place. He just got a job anot sure if hes... Read more »

Ryan D Templeton
Ryan D Templeton answered on Oct 9, 2019

It really depends on what the current custody situation is now (is there a court order granting you custody or is there still just a DSS safety plan) and if the father is a fit parent. At the end of the day based on the amount of time that you have had the child and the substance abuse that you... Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I got a ticket for 63 in a 45 but the cop reduced it to a 10 or less... I really cant afford no more points on me

Is there any way to keep them from going on my record ? Like a class or somthing ?

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

One option is called the Traffic Education Program (TEP) which is offered by most Solicitor’s offices in the state. I would recommending calling the solicitor in the area that the ticket occurred and they can explain to you the program requirements.

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: Can my landlord charge me $550 in late fees for being late on the rent Plus 35 returned check fee

My rent was only 11:50

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

Your lease should lay out what late fees may be assessed. Many leases have terms that charge a fee per day late.

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: Decaying bathroom floor after two years of stay was found. Who is responsible for the repairs? Landlord or tenant ?
Ryan D Templeton
Ryan D Templeton answered on Oct 4, 2019

It really depends on the language of the lease. If the tenant knew about the issue and failed to notify the landlord the tenant may have some liability as well.

1 Answer | Asked in Landlord - Tenant and Personal Injury for South Carolina on
Q: If a landlord owns a mobile home park and is neglectful of whole property, how would you report them?

Numerous mobile home units are neglected from repairs. There are units with water damage, units that are rotting, units that are literally falling apart, and huge pest infection throughout whole MHP which in some units living point blank is impossible. Yet homes still get rented out.

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

The most appropriate agency to report these issues to would be the local housing authority or code enforcement depending on where the mobile home park is located.

1 Answer | Asked in Criminal Law for South Carolina on
Q: How long can SC hold someone for another state

Husband was arrest and got time serve now how long does he wait for another state can come and get him.

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

If he does not waive extradition they can hold him for up to 20 days to allow the other state to get a governor’s warrant for his extradition.

1 Answer | Asked in Criminal Law for South Carolina on
Q: i need a lawyer

im being chargeded for first degree sexual assult

Stephen Grooms
Stephen Grooms answered on Oct 2, 2019

Then you need to call a criminal defense attorney in your area to arrange a consult. While I do not know the allegations or potential facts, generally speaking I wouldn't talk about the case with anyone until you can retain or at least consult with an attorney to get some advice on how to proceed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.