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South Carolina Questions & Answers
1 Answer | Asked in Car Accidents for South Carolina on
Q: I was in a four car accident. I was at fault,My insurance is going to cover whatever but what if I’m not able to pay??

I was in a four car accident. I was not a insured driver. According to the police report I was at fault what happens if insurance pays the policy amount and there is still remaining balances that I’m responsible for and not able to pay for it??

Tim Akpinar
Tim Akpinar answered on Mar 6, 2021

A South Carolina attorney could advise best, but your question remains open for a week. Hopefully, the other policies could have decent underinsured coverage in the event that happens. Unfortunately, there is always the possibility in any accident that the claimant could come after the person... Read more »

1 Answer | Asked in Education Law for South Carolina on
Q: Is this illegal? if so what are the charges, and how much time can they do in prison

An 18 year old asked a school assistant principal to drop out. The assistant principal refused to let the 18 year old student to drop out. Now the students is there against their will.

Kimberly Winslow
Kimberly Winslow answered on Mar 5, 2021

South Carolina law only requires regular school attendance until the Student turns 17 years old. However, what you describe is not a crime. The student has free will.

2 Answers | Asked in Real Estate Law for South Carolina on
Q: My mom & dad are deceased the deed to the home was in both their names. There are 4 siblings and a half sibling. The

half sibling has always stayed in NYC. The rest of us are in SC. Me and my sister have been staying in this house practically all our lives, but dad didn't leave a will, but all my siblings know and have heard my dad say he wanted for me to have and take over the house. I'm disabled now... Read more »

Evan Guthrie
Evan Guthrie answered on Mar 2, 2021

There are many options that can be explored to transfer title to you as part of the estate administration and probate process. If all of the other siblings are agreeable to transfer the property to you there can be an agreement signed or they can waive their interest in the property. A lawyer can... Read more »

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1 Answer | Asked in Criminal Law for South Carolina on
Q: How long can one county hold someone they picked up for a misdemeanor warrant in another county?

Police came to my house and looking for my husband and arrested him with a property damage warrant from the county 2 1/2 hours away. How long does the other county have to pick him up until he has to be released?

Also, will he be released with a fine when he sees the judge when he gets to... Read more »

Ryan D Templeton
Ryan D Templeton answered on Mar 2, 2021

In normal circumstances he cannot be held for more than 24 hours before being picked up or a bond being set. That is assuming that this is the first time that he is being arrested and this is not an arrest on a bench warrant.

2 Answers | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Hello I am charged with DV2nd and I have a criminal record felony and around 2000 I was charged with CDV

My wife was also charged with DV2nd and she has got a plea deal in the mail my solicitor wont even tall to me we both my wife and I signed a document stating we wanted to drop the charges but my solicitor want even talk to me I am worried I really sont have the money for a attorney

Ryan D Templeton
Ryan D Templeton answered on Feb 28, 2021

Most attorneys that do criminal work give free consultation. It would be good to go speak to an attorney in your area about your situation. If you cannot afford an attorney the public defender may also be an option for you.

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1 Answer | Asked in Family Law for South Carolina on
Q: My exwife has custody of our kids, during my visits she tells me I’m not aloud to take my kids to a restaurant during

The pandemic and if I do take them out I won’t be aloud to come get my kids of a certain period of time as punishment. What can I do about this?

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on Feb 17, 2021

It depends on what your court order says. If the order grants you a defined schedule of visitation - alternate weekends from 6 pm Friday to 6 pm Sunday, for example - and your ex-wife is interfering with that schedule, you can file a rule to show cause in court to seek enforcement of that... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: If a company will not acomodate my restrictions when returning from STD can I quit w/o paying back benefits?

I had Bi knee replacement and my STD ended 12/22. LTD is still pending. My Dr. Released me back to work with restrictions, the company will not accomodate them. If I quit will I be liable to pay back benefits that the company paid while I was on company leave?

Ina Shtukar
Ina Shtukar answered on Feb 9, 2021

I practice employment law in NC, however, I would not quit my job voluntarily, if I were you. Voluntary resignation will likely preclude you from asserting potential employment and workers' compensation claims you may have. Moreover, you would probably be giving up your potential right to... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: Can I open probate for property in which my recently deceased brother was a joint tenant with no rights of survivorship?

My brother passed away and had no will. He jointly owned property with his ex-girlfriend who keeps giving away his assets instead of using them to pay his debts and reimburse my sisters and I for funeral costs. Can opening probate prevent her from doing anything else?

Nina Whitehurst
Nina Whitehurst answered on Feb 9, 2021

You can open probate and you should. Once you are appointed as the administrator of your brother's estate you will have the legal authority to demand the return of property that has been stolen from his estate.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Hello. At the age of 7 or 8 I put my breast in a little boy’s mouth. I was not aware it was wrong at the time.

I think i saw someone breast feeding and I tried to do the same. I believe he was about 3 or 4. Can I face legal trouble? I was simply a child and didn’t know.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Feb 3, 2021

Hello,

No. You were too young to appreciate right from wrong, and children at that age are generally not prosecutable.

There are two components to a crime: a wrongful act, and a wrongful desire to complete the act. The State must prove both. With minors, there is an additional...
Read more »

1 Answer | Asked in Agricultural Law, Civil Rights and Criminal Law for South Carolina on
Q: How can my son who is Native American obtain a Native American attorney? Criminal Law & Civil Rights.
Tim Akpinar
Tim Akpinar answered on Jan 31, 2021

I'm sorry your question went unanswered for three weeks. If your son is still looking for an attorney, you could go to the Find-a-Lawyer tab above - there is a section "Native American Law." You could also run your own independent searches online, or you could visit the website of... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: Is it legal for my employer (manufacturing) to make me work 8 hours a day, 7 days a week?
Rhiannon Herbert
Rhiannon Herbert answered on Jan 27, 2021

Yes. Federal law does not impose any hour caps on how much you can work in a workweek. However, if you are paid by the hour, you must be paid overtime, at a rate of one-and-one-half times your regular rate of pay, for all your hours worked in excess of 40 in a 7-day workweek.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I received a ticket for 20 over, speed isn't posted. Court continued due to COVID until TBD.

I haven't had a ticket in 15 years. I was heading to work. Passed a car moving slowly ( I thought 15 under apparently they were 10 under). When I passed the individual I must not have decreased speed. Not justifying my actions as correct, but I was distracted due to a work situation. The... Read more »

Ryan D Templeton
Ryan D Templeton answered on Jan 26, 2021

Depending on what agency wrote the ticket you can reach out to that agency directly. It it was the Sc Highway Patrol you cal also reach out to the officer’s post to leave a message for a call back. The posts and numbers are listed on the Highway patrol’s website. The other alternative would be... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: Benefits selection, hours change, fraud on my part?

I started working for global non profit as a temporary worker off a 3 year grant, initially at 20hrs a week max. So I was told I could get benefits because of this, and I signed up for medical and dental.

Before I could submit my hours for my first paycheck I was then told by my supervisor... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

Perhaps the issue is not whether you committed fraud, but whether your employer misrepresented the terms and conditions of employment to you. IMO you should log 20 hours a week, if you are working it, and let the supervisor violate the wage and hour laws by docking your time. Definitely consult... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: My husband was sentenced to 7 years for 2 counts Trafficking 10-28g Meth 1st offense. Will he be eligible for parole??
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jan 25, 2021

Hello, thank you for the chance to answer your question.

Trafficking is a violent crime under SC Law. Under our sentencing scheme, your husband is eligible for parole after he serves 85% of his sentence. Based upon what you have stated here, he would be eligible for parole after 5 years...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for South Carolina on
Q: My mom owns her house and wants her boyfriend to move out because he has been drugging/stealing from her.

How do we go about this legally and without him hurting her? She's scared when she tells him to leave that he's going to get angry and try to hurt her. The last time she called the police on him, he told the police they were married and made it seem like she had mental issues, which she... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jan 25, 2021

Hello.

We are sorry to hear about these problems that your mother is having. No one should ever feel unsafe in their home.

The first thing that you should do is go down to your County Family Court, and speak to the Clerk of Court there. Tell them that you need an emergency...
Read more »

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: No bond was listed on a ticket for mask violation. Is the ticket valid without a bond listed?

I was issued a ticket for not wearing a mask outside in Charleston, SC. There are no signs or warnings anywhere to let tourists know masks are required OUTSIDE. The officer did not write the bond amount on the ticket. I live out of state, and was in Charleston for less than 24 hours. I am not... Read more »

John W. Molony
John W. Molony answered on Jan 22, 2021

I practice in Charleston, SC & would be happy to happy to discuss this with you.

Please feel free to call me at 843-762-5732 to discuss this in greater detail.

Thanks,

John Molony

1 Answer | Asked in Estate Planning for South Carolina on
Q: Should my 2 sisters and I sign a renunciation of rights for our step-mom to take over probate? Can she sell the house?

There are 3 daughters from previous marriage. Step mom is not on the title so probate says we are the heirs. Step mom wants us to sign renucation of right to administration of bond.

we want her to stay as long as she wants/lives obviously but we don't want her to be able to sell it.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 21, 2021

You should hire your own attorney to represent you and your interests in the matter. Don’t sign anything without having your attorney review if first. No attorney in this forum can give you personalized advupice without reviewing all of the relevant documents and your particular circumstances.

1 Answer | Asked in Probate for South Carolina on
Q: My husband just passed away in sc. He only has two cars that are in his name only. Do I neee to go to probate?
Anthony M. Avery
Anthony M. Avery answered on Jan 15, 2021

Obviously not. Talk to your Clerk's Office about the titles. An Affidavit of Heirship should establish who his Next Of Kin was if needed. Probate is a long, expensive process, and two cars do not justify it.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: If someone was forced to sign their ownership and rights over for their property and land is that duress ?

Years ago my mom left me and my brother half of everything. He told me he couldn’t help me with my medical issues anymore so he told me to sign some papers for my medical to get help. I didn’t sign them until he threaten me to hurt my family so I signed the papers . Years later after he died... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 14, 2021

There is probably no grounds to set aside the Deed. Also the SOL may have run. You might check the title and taxes. And the Mother may have not owned the property in fee simple like you assume. If there was a Will involved, it had to be Probated or had no effect.

1 Answer | Asked in Medical Malpractice for South Carolina on
Q: My surgeon cut my liver during surgery about 2 weeks ago and I went back and Saw him yesterday will this affect my case?
Tim Akpinar
Tim Akpinar answered on Jan 10, 2021

A South Carolina attorney could advise best, but your question remains open for five weeks. It could depend on the nature of the follow-up visits - in SOME jurisdictions, it might have relevance in terms of the continuing treatment doctrine, among other possible considerations. A South Carolina... Read more »

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