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South Carolina Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: I was falsely accused of shoplifting
James L. Arrasmith
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answered on Jan 2, 2024

Being falsely accused of shoplifting can be a distressing and confusing experience. It's important to understand your rights and the steps you can take to address this situation.

Firstly, remain calm and cooperative if approached by store security or law enforcement, but be mindful not...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Wrongful Death for South Carolina on
Q: How would a suspect fleeing on foot while armed or presenting to be armed effect TN V Garner?

If a suspect run on foot while armed or pretending to be armed? Would the presence of the firearm alone justify deadly force under TN vs Garner? Would the suspect need to point or present the firearm at Law Enforcement or a citizen for deadly force to be justified? Please let me know any relevant... View More

James L. Arrasmith
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answered on Jan 2, 2024

In the context of Tennessee v. Garner, the situation where a suspect is fleeing while armed or appears to be armed is complex. Tennessee v. Garner established that the use of deadly force to prevent the escape of a fleeing suspect is constitutionally permissible only if the officer has probable... View More

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Q: Is South Carolina state statute 16-11-620 appealable?

I was issued a trespass after notice form, even though I have not been on the properties in question for years (ome is a busimess we own 10% of, isnt this a civil rights issue to not allow me i.to a public place since I have never caused any type of trouble, etc?) and never did anything at their... View More

James L. Arrasmith
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answered on Dec 24, 2023

South Carolina State Statute 16-11-620, which pertains to trespassing after notice, can be subject to appeal under certain circumstances. If you believe the trespass notice was issued wrongly or violates your rights, particularly if it involves a property in which you have a legal interest, you may... View More

2 Answers | Asked in Civil Rights, Communications Law, Constitutional Law and Internet Law for South Carolina on
Q: Can a private investigator hack into my laptop and make copies of what legal public websites I view.
James L. Arrasmith
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answered on Dec 12, 2023

In South Carolina, as in other states, it is illegal for a private investigator or anyone else to hack into your laptop without your consent. Hacking, which includes unauthorized access to someone's computer or digital accounts, is a violation of both federal and state laws.

The...
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1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Family Law for South Carolina on
Q: An ex of my husbands made a false CPS claim

When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report

James L. Arrasmith
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answered on Nov 18, 2023

If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for South Carolina on
Q: Can a deputy sheriff in SC conduct a vehicle search on a non-county maintained (private/blue street sign) road?

Search was conducted during a routine traffic stop for a broken taillight observed on main highway but not stopped until on the private dirt road. K-9 unit was brought on scene and "alerted" as their reasoning for conducting the search. But were they legally even allowed to bring in the... View More

James L. Arrasmith
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answered on Nov 18, 2023

In South Carolina, the authority of a deputy sheriff to conduct a vehicle search does not necessarily change based on whether the road is county-maintained or private. The legality of the search typically hinges on whether the officer had probable cause or the driver's consent, rather than the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for South Carolina on
Q: Does a warrant have to be served once you are in police custody or are they allowed to release you and serve it later.

City Police enter my apartment with a key provided by my landlord, came into my apartment and placed me under arrest and refused to tell me what for for over an hour. Took me to an interrogation room and interrogated me for hours then released me. Picked me up again the next day and interrogated me... View More

James L. Arrasmith
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answered on Nov 17, 2023

In South Carolina, police are not required to serve an arrest warrant immediately upon taking someone into custody. They may release the individual and serve the warrant at a later time. However, if you are arrested, the police should inform you of the charges against you as soon as possible. In... View More

2 Answers | Asked in Civil Rights and Probate for South Carolina on
Q: Can a attorney settle and disburse a 6 million dollar settlement without a judge?
Anthony M. Avery
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answered on Nov 9, 2024

Yes if all parties agree. This happens alot without first filing a suit.

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1 Answer | Asked in Civil Rights for South Carolina on
Q: Isn't that freedom of speech and not disorderly conduct. That's a violation of my rights. I was falsely accused of doing
James L. Arrasmith
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answered on Oct 26, 2024

I can see that you're feeling that your rights have been infringed upon, and that must be incredibly frustrating. Being falsely accused of disorderly conduct when you believe you were exercising your freedom of speech is a serious concern.

It might help to document everything that...
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2 Answers | Asked in Products Liability and Civil Rights for South Carolina on
Q: I have a friend who gave me something and now wants it back

Yes well he emptys his storage buildian in my yard for a few days that turns into everything getting brought into my house because of the rain well it's still here he's nad at me and wants a few items back that he gave me well he gave me a rug a sound bar sold me a TV and he broke it... View More

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2024

A local attorney should be able to advise on the best and safest way to handle this, which could involve figuring out a way to let them have the property and being done with it. Good luck

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1 Answer | Asked in Employment Law and Civil Rights for South Carolina on
Q: Salaried South Carolina employee tardies counted for termination but not required to clock in or out

If you are a salaried employee in South Carolina where you get a fixed salary each paycheck but you're not required to clock in or out how can being late to a shift be counted against you for termination?

James L. Arrasmith
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answered on Oct 10, 2024

I understand your concern about being a salaried employee who isn't required to clock in or out. Even without a time-tracking system, employers can still enforce attendance and punctuality policies. They may monitor your arrival times through managerial observation or other informal methods.... View More

1 Answer | Asked in Child Support and Civil Rights for South Carolina on
Q: How come I am paying CS, but I am being denied access to school events, medical & dental appointments. Is that Legal?
James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry you're experiencing these challenges. Paying child support fulfills your financial responsibilities, but access to your child's activities and appointments is governed by custody agreements or court orders. If these rights aren't being honored, it can feel frustrating... View More

1 Answer | Asked in Civil Rights, International Law and Municipal Law for South Carolina on
Q: If I am a resident of a state (SC) and I move from one county to another, what's it take to make me a resident?

For example, if I move from Charleston county to Dorchester county. It was my understanding that if you're in that county for longer than thirty days, and you receive mail correspondence in that county, that you are considered a resident of that county. Is that wrong? Is there something... View More

James L. Arrasmith
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answered on Sep 25, 2024

When you move from one county to another within South Carolina, residency rules generally depend on factors like how long you’ve lived there and where you receive your mail. If you've been in the new county for more than 30 days and you’re receiving mail there, this is often seen as... View More

Q: Can a tax accessor pick and choose who get a homestead exemption and deny them no matter the age disability or anything

I am 100 percent disabled and the tax accessor has refused to give my homestead exemption for years and now my house has sold and I’m about to be homeless . But he has told me I wasn’t old enough to get an exemption and I wasn’t disabled enough I need a divorce I wasn’t a legal resident of... View More

James L. Arrasmith
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answered on Sep 13, 2024

You may have grounds to challenge the tax assessor’s actions, especially if you believe you've been wrongfully denied the homestead exemption despite meeting the qualifications. In South Carolina, if you're disabled or over a certain age, you may be entitled to the homestead exemption... View More

2 Answers | Asked in Contracts, Civil Rights, Elder Law and Government Contracts for South Carolina on
Q: After leasing this low income apt 1 month ago. I.find out every one has bedbugs Can I get my deposit s back to moved

Do they have to tell me a bout this bed bug problem before or when I rent

Greenville SC

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2024

Bedbugs can often be a difficult case to establish. They can be argued from various different angles, a common one being that they are attributable to a claimant's personal belongings and laundering practices. Good luck

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1 Answer | Asked in Personal Injury and Civil Rights for South Carolina on
Q: I'm a TI, I'm harrassed 24/7 and hit with DEW's all day everyday, I'm choked, jaw jacked, poked, pricked, electrocuted.

I'm off balance always, I have become a recluse, they have caused me to wreck and total my mom's SUV, I'm exhausted, BP is high, increased migraines, my joints hurt and most of the time it's difficult to walk. I can't seem to get them to stop, they tell me to commit suicide... View More

James L. Arrasmith
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answered on Sep 1, 2024

I'm really sorry to hear that you're going through such an overwhelming and distressing experience. It's important to know that you're not alone, and there are people who care about your well-being. What you're describing sounds incredibly tough, both physically and... View More

Q: Is it normal for nurses in a suicide ward to say to cleaning women, "they were trying to make his wife rich before....."

"......he dies." And then when you write emails and try to contact the Human Resources and head nurse departments, your met with obstruction and mocking harassment. Is that normal adult behavior in South Carolina where the Lexington County medical system is owned by a New York Physician.... View More

James L. Arrasmith
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answered on Sep 1, 2024

It is not normal or acceptable behavior for nurses or any medical professionals to speak in a disrespectful or insensitive manner about a patient, especially in such a vulnerable setting as a suicide ward. This kind of comment is unprofessional and violates the ethical standards expected in... View More

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: If i had a warrant for a crime i didnt commit and have not been convicted but was arrested and bonded out can I sue?

I am being charged for possession of a stolen fire arm but I didnt commit the crime and have proof I was wrongfully accused.

James L. Arrasmith
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answered on Aug 31, 2024

You may have grounds to sue, but it depends on several factors. First, you must focus on proving your innocence in the criminal case. The most important thing is to gather and present your evidence to show that you were wrongfully accused.

If the charges are dropped or you are acquitted,...
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1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

James L. Arrasmith
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answered on Aug 31, 2024

In South Carolina, if you refuse to allow an officer to search your vehicle, that alone does not give the officer a reason to claim you're under the influence. However, officers may use other observations, like the smell of alcohol, slurred speech, or erratic behavior, to justify their... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

James L. Arrasmith
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answered on Aug 31, 2024

When you refuse to allow an officer to search your vehicle, it’s important to know that this alone does not give them probable cause to accuse you of being under the influence. However, if the officer genuinely believes you are impaired based on their observations—like your behavior,... View More

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