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South Carolina Questions & Answers
1 Answer | Asked in Criminal Law for South Carolina on
Q: If someone has already done time for shoplifting enhanced and 3 years later, charged with the same thing will go to pris

I think he's done time 3 different times for shoplifting . Last was 10 years . Is he going back to prision?

Ryan D Templeton
Ryan D Templeton
answered on Jan 26, 2023

There is no absolute answer to this question but this charge carries up to 10 years in state prison. It is important to discuss your case with an experienced criminal defense attorney that can break down the particulars of your case.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: We sold land that my spouse inherited in South Carolina. We now live in Tennessee. How is the capital gains done in SC.

How is base price figured on inherited land?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 23, 2023

TN does not have an income tax... If you live here, why are you worried about SC's income taxes? But heir will get a stepped up basis anywhere.

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Civil Rights for South Carolina on
Q: Hi, what would be the most common reason for this? I never resisted or assaulted anyone, I'm completely unknowledgable

I don't understand why I would be served this?

Casey Brown
Casey Brown
answered on Jan 23, 2023

More information is needed to answer your question. What were you served with, an arrest warrant, a subpoena, a civil lawsuit for damages?

1 Answer | Asked in Criminal Law for South Carolina on
Q: Can an officer pull u over and test a pill and weed tell u that they aren't charging you for it only gives the person

A dus and let them go but comes back a month n half later to serve a warrant with the whole narcotics team. Inst that like double Jeopardy

Casey Brown
Casey Brown
answered on Jan 23, 2023

The first question is Did the officer have a right to stop the vehicle. Then, the issue is how did they find the alleged substances. They should not be tested these substances roadside. But it is possible to charge the person later with a warrant for arrest though problematic for the prosecution.... Read more »

1 Answer | Asked in Civil Litigation and Nursing Home Abuse for South Carolina on
Q: is there a place that the public can check on wins or jury cases for a lawyer?
Roy Willey
Roy Willey
answered on Jan 23, 2023

Yes, if you know what you are looking for. When hiring a civil litigation attorney you should ALWAYS ask about their success in the courtroom with jury verdicts. This is not because your case will absolutely go to trial, it may not, but insurance companies know the lawyers that will go the... Read more »

1 Answer | Asked in Estate Planning for South Carolina on
Q: I am the remainderman on a life estate deed with my mom and brother as life estate clients. Can I sale my ownership

My life tenants have put up a sale sign as of yesterday after tress have fallen on house and septic tank and other issues. The value is not up to par, I doubt they had insurance since they asking to sale , and no one mentioned anything to me

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 17, 2023

In theory, yes, you can sell your remainder interest, but as a practical matter you might find it difficult to find a buyer who is willing to wait until both life tenants pass before he can take possession of the property.

The life tenants could also sell their life estates but, again, as a...
Read more »

1 Answer | Asked in Contracts for South Carolina on
Q: Can you a sue manufactured home company for taking to long to set up home?
Tim Akpinar
Tim Akpinar
answered on Jan 13, 2023

A South Carolina attorney could advise best, but your question remains open for five weeks. It could depend on the terms of the contract. A local attorney could advise meaningfully if they reviewed the contract with you. Good luck

1 Answer | Asked in Admiralty / Maritime, Civil Rights, Libel & Slander and Wrongful Death for South Carolina on
Q: My grandfather disappeared at sea while abord the S.S. Robert Luckenbach owned by the U.S.S. Luckenbach company. Help?

It was 1951 after leaving Panama. The Captain wrote a letter questioning his mental health to N.Y. before notifying the family of his disappearance. Would I have a case against U.S.S. Luckenbach steamship company?

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2023

I'm sorry for the loss of your grandfather at sea. If there are any remedies available under South Carolina law, a local attorney would need to advise on those. But your question remains open for two weeks and you also posted under Admiralty/Maritime. Under U.S. maritime law, the Death on the... Read more »

1 Answer | Asked in Criminal Law for South Carolina on
Q: If someone said that he will handle things in the worst possible way is that considered a crime in Horry County, SC
Casey Brown
Casey Brown
answered on Jan 6, 2023

The answer would depend on the specific facts and circumstances surrounding what was said. I would say more information is needed to answer the question.

1 Answer | Asked in Traffic Tickets for South Carolina on
Q: I received a ticket for illegal window tint on my front windshield in South Carolina. Should I hire a lawyer?

I have taken the tint off. Will they dismiss the case? Should I hire a lawyer or just show up?

Casey Brown
Casey Brown
answered on Jan 6, 2023

Retaining a lawyer can ensure that your rights are protected, the State has enough evidence to proceed with your case, and that the law has been followed. South Carolina does have specific percentages of window tint that are legal.

1 Answer | Asked in DUI / DWI and Traffic Tickets for South Carolina on
Q: Does this apply to me.

I am a 20yo male I got pulled over and charged with 63-19-2450, I also attend college.

Casey Brown
Casey Brown
answered on Jan 6, 2023

A small exception does exist in the statute you cited so the answer would depend on the specific facts and circumstances. I would advise you to have an attorney guide you through the legal process to protect your rights and resolve the matter.

2 Answers | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Car accident i was hit from behind and his ins company not doing anything for me i need a rental car. But they not tryn

It been 11 days and i still dont have nothing to drive hes from Virginia sc. Im from gaffeny sc what r my rights n should i just hire a lawyer to handle it. I got injurys to. Whip lash. N knot on my left leg thats not going away.

Titus Thomas Nichols
Titus Thomas Nichols PRO label
answered on Jan 5, 2023

Under South Carolina Law, you are entitled to compensation for pain and suffering, ALL OF YOUR MEDICAL BILLS, and any lost wages. Many times Insurance companies engage in delaying tactics in hope that you will just give up and accept a lower offer.

You should speak with a licensed attorney...
Read more »

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1 Answer | Asked in Consumer Law and Contracts for South Carolina on
Q: Hi, dear lawyers, I have a concern wondering if it could be made a case or not against toyota misleading.

I went to Toyota dealer and asked about a specific vehicle that is showing online that it’s in transit, so after checking the salesman said that it would arrive on Thursday 29th of Dec, so I went ahead and sold my vehicle on Tuesday the 27Th and got a rental till the 29th and put a deposit 1000$... Read more »

D. Nathan Davis
D. Nathan Davis
answered on Jan 3, 2023

Legally, you may have a case against the dealer. The case is likely not worth pursuing using an attorney. The reason is that the damages you have suffered are minor. You can buy a different vehicle and mitigate your damages. A lawsuit is an expensive thing to pursue and any recovery is likely... Read more »

1 Answer | Asked in Insurance Bad Faith for South Carolina on
Q: I had a insurance policy on my ex husband for 50,000 it was a family policy thou . he was n car accident n passed away

Liberty life was ins company the ins man was out at my house 4 days later with a check. For. 50,000For me .n had me sign a paper. it was suppose to double cause of a accident. He aurged with me. That it wasnt a family policy. It was thou . i wrote letters to main office to the chief supervisor n... Read more »

Roy Willey
Roy Willey
answered on Dec 27, 2022

If your coverage applied for the underlying policy, it is likely that it applied for all provisions not just some. However, you need to have an attorney review the full policy, and any correspondence from the insurance company.

1 Answer | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Whats my rights. If u were n a accident hit from behind. And 0other driver was uninsured and hes not remembering nothing

I was hurt n treated at hosptial totled my car and i was want to see what can i do about. My dr bills n my car he was at fault sc hwy patrol said n report.

Roy Willey
Roy Willey
answered on Dec 26, 2022

You should contact any attorney in this instance. In SC if your car was insured, the insurance company is also required to provide uninsured coverage in the event you get hit by an uninsured driver. Sometimes other parties are also not honest about whether or not they have insurance coverage and... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Should I reach out to a lawyer? Mother had life insurance but she unalived herself. They are requesting police report.
Roy Willey
Roy Willey
answered on Dec 20, 2022

So sorry to hear about your mother. Yes, you should reach out to a lawyer to review the life insurance contract.

1 Answer | Asked in Personal Injury and Insurance Defense for South Carolina on
Q: in S Carolina. A large construction equipment rental co rents out 34ft lift. Improper maintenance caused bodily injury.

In South Carolina. A rental company of construction equipment with 3 locations rents out a unit that causes bodily injury. Due to injury is tooth loss and damage to teeth. Prosthodontist all have payment due at time of service. To obtain proper treatment how can you obtain the rental companies... Read more »

Roy Willey
Roy Willey
answered on Dec 15, 2022

They are not required to provide you the insurance limits before a lawsuit is filed. After a lawsuit is filed on your behalf you could get them through the written discovery process.

1 Answer | Asked in Personal Injury and Landlord - Tenant for South Carolina on
Q: I am renting a home.. landlord doesn't fix anything and my son got hurt due to not keeping maintenance up on our home

My child has got hurt due to the landlord doesn't keep up with maintenance on the property.. when ems came got my son they were talking about how bad the porch wood was eat up with termits

Tim Akpinar
Tim Akpinar
answered on Dec 15, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. At this point, you could reach out to injury law firms in your state to try to arrange a free initial consult - that's the norm in the industry. An attorney could examine the accident in detail and... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for South Carolina on
Q: If I have completed Pti and paid for my expungement, can they still drug test me

I am currently waiting for the completion of my expungement letter to come in but I also have an over the phone appointment with my Pti counselor, so I was wondering if she could ask for a drug test to interfere with anything because I have already taken a delta dummy from the Vape shop and will... Read more »

Casey Brown
Casey Brown
answered on Dec 14, 2022

The typical process is that you complete PTI, then they send a letter to your prosecutor who then dismisses the case. Then you can apply (with a fee) for an expungement of the arrest from your record. Once PTI is completed you should not have any appointments. If PTI has not been completed they can... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for South Carolina on
Q: What does sc "Highway rights Of Way"(SC section 61-4-110) mean? This is in open container stature.

I was not pulled over by officer or on a highway of any type. I had an empty container in my car in the trash bag in car . I was cited with violation of open container statue. I had pulled off highway to turn into a motel for night, as I was moving. It was one am and I was extremely tired. My car... Read more »

Casey Brown
Casey Brown
answered on Dec 14, 2022

SC Highway Right of Way is the side of the road that is next to the highway. The distance from the highway, other structures or nature, as well as whether that location is within a municipality would determine if a vehicle is within the right of way of the highway. You may want to consult an... Read more »

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