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South Carolina Questions & Answers
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... Read 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...
Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for South Carolina on
Q: I'm in spartanburg county need attorney advise for slander on false police report
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 10, 2020

I'm afraid I don't understand your question.

Slander is a civil matter in which someone defames you by verbal statement to others, knowing that the information that they have provided about you is wrong, with the intent to cause you harm.

A false police report is a...
Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Q: If I am arrested for a crime a make bail and a person breaks into my house steals my car and vandalizes another car

Person breaks into my house and steals my belongings steals my car vandalizes my other car and physically assaults my girlfriend can I have him arrested

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 8, 2020

Yes, absolutely. Your pending charges have nothing to do with you being the victim of a crime.

You should immediately contact the police agency in the jurisdiction in which your home is located. They will begin the criminal investigation process, and take the next steps from there.

Best.

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can non violent convicted felons in the state of South Carolina get there guns rights back?

I am a convicted felon with multiple felonies all are non-violent. I have no violent charges on my record. My charges are 13 years old and I'm looking to get my gun rights reinstated if possible In my state. Please help me with this.

Thanks for your time and consideration.

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 8, 2020

Hello,

No, as a felon you may not own, possess, hold, handle, or fire a firearm. The issue is not whether the felony is violent or non-violent, as the vast majority of felonies are non-violent. This issue is the felony conviction at all. The only way to restore your firearms rights as a...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: Can I be naked in a hot tub in my own backyard in SC if there is a possibility that I could be seen by neighbors?
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 6, 2020

Hello.

If your neighbors can see you nude, they can file a police complaint for Indecent Exposure. This charge is a misdemeanor, with potential penalties if one is convicted that can include fines and/or imprisonment. The length of imprisonment will vary per case, but the maximum sentence...
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1 Answer | Asked in Employment Law and Health Care Law for South Carolina on
Q: I have been sent home twice for 2 weeks each time due to covid. They say I will not be paid this time around.

The first time I had a cough and it took the full 2 weeks to get a covid test result. It was negative and all I had was bronchitis. I was paid during this time (supposedly from the CARES Act even though I was covid negative). This most recent time my boss got covid on vacation, brought it into work... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 1, 2020

Hi, good question. The Families First Coronavirus Response Act (FFCRA) requires some employers to provide employees with paid sick leave for absences related to COVID-19. The requirement only applies to companies with less than 500 employees. If your employer has less than 500 employees, you may be... Read more »

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for South Carolina on
Q: My parents' passed, their house was in foreclosure, house went to me, now I am listed on foreclosure as owner.

My parents died intestate with their home in foreclosure status. I have been told I am not responsible for the loan itself, however, I was served with an Owner for Joiner as Defendant because I am listed on the deed. When I went to inquire about purchasing my home, this came back against me. Is... Read more »

Timothy Denison
Timothy Denison answered on Jun 30, 2020

You are not legally responsible for the debt. However, if you wish to inherit or retain the property, you will have to pay off that debt.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: How can I void an incorrect deed?

My step-sister and I are PR's for our respective parents' estates. We were to execute deeds of distribution for the house, jointly owned by both, to ourselves individually (and then she'd execute a quit-claim to me). However, her deed of distribution has me as the grantee (which I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Hire a competent attorney to draft and record Correction Deeds. There are several statutory requirements, including derivation of title clauses which will need declarations of what was corrected on the prior recorded deeds.

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Will I still get paid , in the state of South Carolina, if I call out of work due to pain from a light duty assignment?

I fell at work. I have a sprained wrist and shoulder. Also injured my knee. All on my right side. My Doctor put me on restricted duty. I also have to start PT and OT.

Ilene Stacey King
Ilene Stacey King answered on Jun 28, 2020

No. You are unlikely to be paid workers comp benefits for calling in sick due to pain. You are entitled to be paid weekly benefits under SC workers' comp only if a doctor writes you completely out of work or places you at light duty and your employer fails to provide work within your... Read more »

1 Answer | Asked in Adoption and Family Law for South Carolina on
Q: My son is 20 years old and has been raised by myself and his stepfather and wants him listed as his father

He wants it legally documented that his stepfather is his father- is this possible? And if so how does he start the process for this?

Ryan D Templeton
Ryan D Templeton answered on Jun 26, 2020

I would recommend reaching out to an attorney where your son lives. They will be in the best position to advise you on the process for adoption.

1 Answer | Asked in Employment Law for South Carolina on
Q: I had a conversation with my company's lawyer about a sexual harassment claim I made. He told me, "maybe it was just a

misunderstanding" And I haven't even given my statement. How do I file a grievance?

Rhiannon Herbert
Rhiannon Herbert answered on Jun 23, 2020

If you have already reported the incidents of sexual harassment to your company's HR Department, the next step would be filing a Charge of Discrimination with the Equal Employment Opportunity Commission ("EEOC"). However, make sure you've already reported the incident(s) to HR... Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: Can you fund a Revocable Trust with only a house listed as an asset? Can you avoid Probate by doing this?

What is the best way to protect bank accounts that is used regularly and you don't want to include it in a Trust?

Nina Whitehurst
Nina Whitehurst answered on Jun 23, 2020

Funding a revocable trust with only the house as an asset will avoid probate as to the house. If your goal is to avoid probate altogether, then a non-probate transfer method should be engaged for each and every asset. For bank accounts, another option is to designate death beneficiaries. This is... Read more »

1 Answer | Asked in Bankruptcy for South Carolina on
Q: I'm under chapter 13 bankruptcy... will I receive a stimulus check
Timothy Denison
Timothy Denison answered on Jun 22, 2020

If you filed your 2018 and 2019 tax returns, yes.

1 Answer | Asked in Estate Planning for South Carolina on
Q: I've a 56 yrs old sibling who stays in the house with my Mom.Our Mom indicated in her Will all assets from the sale of

the home are to be divided equally among her children which is fine. The sibling that stays with her is very irresponsible, never helped her pay the mortgage and we know he will not be able to maintain the house by himself if she dies. He has a girlfriend; the family does not approve and know she... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 22, 2020

In her will you mother can require that the house be sold and the proceeds split rather than leave the house to her children in equal shares. She can also name one child as the executor who, after being appointed by the court, will have sole responsibility to manage and effectuate the sale.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: I was living with my boyfriend for 9 years in his home when he passed in Feb, 2020. He paid the mortgage.

His surviving spouse is giving me 30-day notice (in which I know she can do) but can she label me as tenant and state that I owe rent when there was never a lease between him nor her? She also did not allow me to remove something given to me by my dad. Can she withhold my property stating it is... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 18, 2020

The surviving spouse has no right to anything that is yours.

1 Answer | Asked in Consumer Law for South Carolina on
Q: can a a appliance repair company that contracts with a utility company for home service refuse service

Refuse service to renters

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 17, 2020

You have not provided sufficient information for a response. Do you have a copy of the contract between the appliance repair company and the utility company? Is the appliance in question covered under the terms of the contract? If it is, I would recommend that you contact your utility company and... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: Does south Carolina have the prison release reoffender act like Florida
Ryan D Templeton
Ryan D Templeton answered on Jun 17, 2020

I am not sure what Florida has but if you are talking about enhanced penalties for persons recently released from prison SC has:

SECTION 16-1-120. Increased sentences for repeat offenders.

(1) When an individual, who was convicted of a Class A, B, or C felony offense or an exempt...
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1 Answer | Asked in Criminal Law and Identity Theft for South Carolina on
Q: Personal care worker stole my dad's bank info and opened a Paypal acct in her name. Is this identity theft?

PayPal verified my dad's acct by debiting .25 and then crediting the acct with .20 and then .05. I was quick to catch this bcuz as his POA I monitor the acct and he's been asking me to see if his stimulus check has been deposited. Although the money was taken out and put back in would... Read more »

Ryan D Templeton
Ryan D Templeton answered on Jun 17, 2020

Assuming that this occurred in South Carolina i would recommend that you reach out to your local law enforcement agency and file a report. This could certainty be considered breach of trust or even possibly exploitation of a vulnerable adult. A law enforcement agency would need to investigate to... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: My Mom passed away in February this year. Last year she signed over the title to her mobile home to me. Do I own it?

I haven't had to changed over yet. Can I still have it changed to my name?

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

You should have no problem getting the Certificate of Title for the Mobile Home registered in your name. However that has nothing to do with the real property where it sits. Did your Mother own the land? You may wish to hire a competent attorney to search the title and file an Affidavit of... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for South Carolina on
Q: In an accident, tboned a lady who pulled out. Her company accepted 100%> liable. Broken ribs, neck back tissue damage an

A sprained right arm. 25/50/25 in south Carolina car was totaled out . Any settlement suggestions haven't even had PT yet and they accept liability

Taylor Silver
Taylor Silver answered on Jun 14, 2020

Before you settle your claim, I highly suggest you at least have a brief consultation with a local attorney. Most should be willing to give you advice on an hourly basis if you want to try and handle settlement negotiations on your own (although, I don't recommend that generally).... Read more »

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