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South Carolina Questions & Answers

1 Answer | Asked in Criminal Law for South Carolina on

Q: What makes a receiving stolen property charge a felony in South Carolina?My kid has hers marked $2000 or less but a felo

But listed as felony with actually listed items valued at $1050.00 and she was only in a .motel room belonging to friend who had the stuff in motel room when police came to arrest that so called friend on child neglect charges and found stolen property they charged my kid too because the friend... Read more »

Stephen Grooms answered on Jun 18, 2019

If you have two or more prior property crime related convictions your third offense can be indicted or charged as a felony regardless of dollar value involved.

1 Answer | Asked in Workers' Compensation for South Carolina on

Q: Should I have filed a civil lawsuit instead of a workers comp claim for a TFCC injury and surgery, details below!

Went into the boards hard and graphic during my hockey game, tore my tfcc severely. Played on it for 6 more games, incident happened Jan 18 and I wasn't given an MRI until a week later, "just tape it up kid," type thing. MRI showed a severe tear. Surgery Feb 8th. Filed a workers comp claim shortly... Read more »

Ilene Stacey King answered on Jun 17, 2019

From your question, I assume playing hockey is your job. That would have to be true for you to have a workers' comp claim for your injury. If you have a workers' comp claim (in other words, if you were injured while working) then workers' comp would be your only remedy. You would not have a... Read more »

1 Answer | Asked in Car Accidents for South Carolina on

Q: Does modifying your tail lights to say “LOL” make it so if I get in an accident, it can be used against me!?

The tail lights’ turning signals are untouched and are in no way modified. Just the surrounding light for practically running lights.

Peter N. Munsing answered on Jun 15, 2019

It won't enhance the penalties, assuming that having a distracting light isn't a violation of SC vehicle codes. However, if you are in a wreck and cause the wreck someone will make reference to it if they see it. It's like an aggressive bumper sticker--not illegal, won't change the fine or not, but... Read more »

1 Answer | Asked in DUI / DWI for South Carolina on

Q: How can you find a lawyer who won’t take advantage of you, especially if you are in your 70s, and sober 29 years?

Friend was arrested for DUI, however she is sober 29 years. She’s in her 70’s, she was driving recklessly for her, because she was talking on phone and trying to get a piece of candy out of a wrapper. They did not give her a breath test or offer one. She failed her physical sobriety test... Read more »

Stephen Grooms answered on Jun 11, 2019

A DUI arrest, charge and potential conviction could in fact be solely due to intoxication as the result of taking prescription drugs. Your friend has a lot going for her due to her age and lack of alcohol or drug use, but she will still need zealous representation to ensure her best defense. The... Read more »

1 Answer | Asked in Probate for South Carolina on

Q: My father has recently passed. I'm his only son but he left everything to a girlfriend. What can I do?

My father was diagnosed with Parkinson's Dementia and his will was changed 2 years ago. We was not in a sound mind and I feel she persauded him.

Taylor Silver answered on Jun 5, 2019

If South Carolina is the appropriate jurisdiction in which to probate your Father's Estate, you need to talk to a local attorney immediately. While I cannot comment on your specific situation given the amount of unknown information, it is possible to have Wills or Codicils set aside due to the... Read more »

3 Answers | Asked in Immigration Law for South Carolina on

Q: I been Madrid 8 months now nd I don't get it

Deron Edward Smallcomb answered on May 30, 2019

I'm not sure what you are asking if anything. If you have an immigration related matter, you should contact an experienced immigration attorney.

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1 Answer | Asked in Consumer Law and Contracts for South Carolina on

Q: Do I have the right to repair and deduct for a built in oven that has not been fixed

D. Nathan Davis answered on May 29, 2019

You must give your landlord a reasonable amount of time to repair the oven. You should probably give the landlord written notice if the oven is not repaired within a reasonable period of time, you will make the repair yourself and deduct the amount from the monthly rental payment.

You...
Read more »

2 Answers | Asked in Immigration Law for South Carolina on

Q: I get married last September 2018 i was have issues with my sponsor i found another one i sent them after that I receive

I get married last September 2018 i was have issues with my sponsor i found another one i sent them after that I received appointment for interview it was 14/5 we going they separate us please note this is first interview then my wife the officer told here we will mail u within one week till now i... Read more »

Dayna Lally answered on May 29, 2019

You can check the status of your application by entering your case receipt number in the USCIS online case status portal: https://egov.uscis.gov/casestatus/landing.do.

Did you submit your adjustment application (Form I-485) and application for employment authorization (Form I-765) in...
Read more »

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1 Answer | Asked in Contracts, Intellectual Property, Lemon Law and Trademark for South Carolina on

Q: I traded our motercycle for a jeep about 3 weeks ago. Before doing so the owners of the jeep told us it had no issues.

We are now having to tow the jeep. It has many issues that we were not informed about before the trade. We have messages where the owner told us the jeep had no issues. The car clearly had issues as they started a mile from their house, where we signed titles over. Is their anything we can do?

Bruce Alexander Minnick answered on May 28, 2019

Probably not, because neither the Jeep nor the motorcycle are worth enough money to make it worthwhile for you to hire a litigation lawyer and fight the seller. Unless you want to try in a small claims court.

1 Answer | Asked in Immigration Law for South Carolina on

Q: Is there a way to accelerate the date of an appointment at the US Consulate in Ciudad Juarez, Mexico?

We have been working on my Mexican wife's green card. She got an appointment date of April 30th, but her medical exam showed a spot on her lung, and they required tests for TB, which took 10 weeks, taking us past the original interview date. The tests were negative, but now the earliest date the... Read more »

Hector E. Quiroga answered on May 24, 2019

At this stage of the game, you have to accept what is available.

1 Answer | Asked in Family Law for South Carolina on

Q: Have visitation with my son, his dad is asking for a background check and all info on sitter or I don’t see my son??

Cheryl Ann Truesdale answered on May 24, 2019

You don't say but I assume there is a court order that granted you visitation. The Order is the controlling document so I suggest that you read it to determine your rights and obligations. If you're still not sure after reading the Order, schedule a consultation with a lawyer in your area for... Read more »

1 Answer | Asked in Contracts and Consumer Law for South Carolina on

Q: I recently leased a new car. The paperwork states 100 miles. I notice a week later it has over 800 miles on it.

The dealers paperwork was off by 700 miles. What recourse do I have? thanks

Bruce Alexander Minnick answered on May 20, 2019

Go back to the dealership and have them amend the lease contract to state the correct number of beginning miles.

1 Answer | Asked in Criminal Law for South Carolina on

Q: if a person called the police and lied to them about a situation then wrote a false statement on the person

how long will the person have to sit in jail

Stephen Grooms answered on May 17, 2019

The answer is that it depends on what they lied about, and therefore what they were charged with. If they lied about a false misdemeanor then its 30 days, but if they lied about a false felony that charge carries up to 5 years.

1 Answer | Asked in Real Estate Law for South Carolina on

Q: If a mortgage to a lender says " less and except" a parcel that has been surveyed out, is that parcel NOT a lien?

Vincent Gallo answered on May 17, 2019

Likely, the mortgage is not a lien on the property if it is precisely as you so stated.

1 Answer | Asked in Contracts for South Carolina on

Q: If money given to me as donations is in an account with my name and designated by the mission organization who holds it?

The organization is saying I can now only use my money on a short term trip with them in the next three years. I was only committed to going with them because they were helping me get overseas to work with them long term & they never told me of any time limit.

Bruce Alexander Minnick answered on May 16, 2019

IMO, if the organization "gave" you the money upon condition that you make the trip overseas to go to work for them within the next three years, then you must either do that or give the money back--so they can use it to find another employee willing to move overseas to work.

1 Answer | Asked in Civil Litigation for South Carolina on

Q: i got a letter from the Office of the Sheriff. It says "A Judgment has been filed with the Clerk of Court for Charleston

County. An Execution against Property has been received in this office for service".

Synchrony Bank is suing me for an old credit card debt How can i find out if a lean has been placed against my property and how to pay or settle the debt

Anthony M. Avery answered on May 13, 2019

It appears that you are being notified of a Levy of Execution against your Property. This may or may not have had an earlier attached Lien. Somebody appears to have already got a Judgment against you and are now trying to collect by grabbing your Property whether it has a Lien on it or not. The... Read more »

1 Answer | Asked in Contracts for South Carolina on

Q: 1) if contract void can I get price paid + insurance + repairs + storage or 2) if voidable can I get money back & keep

Purchased used vehicle for trips from dealer paid cash. Told me he would mail title docs they were at other location of dealership ( in another state) month later docs reveal dealership never had title - I cannot get title or tags. See questions above. They don’t own vehicle so returning to... Read more »

Bruce Alexander Minnick answered on May 13, 2019

You really need a lawyer. Hire one.

1 Answer | Asked in Tax Law for South Carolina on

Q: I want to give 1/2 of my vacation condo to my son, I don’t want any money from him. It is in gratitude for care. Possibl

Bruce Alexander Minnick answered on May 7, 2019

Contact a California lawyer experienced in condo law--before you make a big mistake.

1 Answer | Asked in Contracts, Business Law and Construction Law for South Carolina on

Q: Can I be sued if hvac intermittently stops working in heat due to drain issue?

Hvac works in heat and ac but drain intermittently stops heat from working. Offered to pay for remedy by another company but was refused.

Timur Akpinar answered on May 3, 2019

You could try reposting your question in the Landlord-Tenant section, since it hasn't been picked up in four weeks. You are correct in that it involves a contractual/business law matter, but you are speaking of remedies of a company that may have arisen under a lease. What you describe sounds like... Read more »

1 Answer | Asked in Social Security for South Carolina on

Q: Am I able to switch between eligible benefits?

I will be eligible to receive widow benefits shortly. However, once I reach full retirement age, I will be able to receive a substantially higher amount from my ex-husband (married 16 years.) If I choose Widow's benefits, can I later change to the Divorced Spouse? If yes, please let me know where... Read more »

Peter N. Munsing answered on May 1, 2019

You should contact legal services or the AARP would have some resources.

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