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South Carolina Constitutional Law Questions & Answers
Q: Can the law legally hold my truck and impound when it wasn't part of my charges or fines for being arrested

What I was trying to say and not so many words is I got charged with the drugs but there's no charge or fines or tickets if anything to do with the truck how can they hold it

Peter David Brown
Peter David Brown answered on Sep 2, 2021

IF the arresting agency alleges that the vehicle was used in the futherance of the "criminal enterprise" they can seize it.

(for example: you were stopped with the drugs in the vehicle)

1 Answer | Asked in Consumer Law, Products Liability, Civil Rights and Constitutional Law for South Carolina on
Q: Called hotel asked if room stayed in before was vacant after told yes discussed prices and then was told he would not re

Rent me room in front but can rent same room in back. After I called cust Ser. She said guy then said I was banned from property bc of 1st stay. Stayed 1 night and he accused me of having high traffic to and from my room which wasn't true and that me and my girlfriend was sitting outside. I... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 13, 2020

A South Carolina attorney could advise best, but your question remains open for three weeks. As a GENERAL matter, hotels are given leeway in terms of declining patrons. The most practical option might be to look into other hotels. You could consult with a South Carolina to ask if they see things... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Personal Injury for South Carolina on
Q: What happen when a innocent person is harm by a dangerous human who set you up to be harm. be cause of the color of me;
Jeremy Rosenthal
Jeremy Rosenthal answered on Sep 29, 2020

If someone set you up and you have no criminal intent then you should be morally and legally blameless. You should consult with a criminal lawyer in your state to discuss further specifics.

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, Admiralty / Maritime, Constitutional Law and Military Law for South Carolina on
Q: Are we in Admiralty law or common law. Cause our flags in our court room are gold fringed meaning Admiralty law
Tim Akpinar
Tim Akpinar answered on Jan 24, 2019

Courts today can apply elements of both types of law. It will come down to a matter of the type of case the court has subject matter jurisdiction over, so that if a federal district court is deemed to have admiralty jurisdiction over a matter, it will apply maritime law and the Federal Rules of... Read more »

1 Answer | Asked in Constitutional Law for South Carolina on
Q: What are a teacher’s First Amendment rights?
Tim Akpinar
Tim Akpinar answered on Oct 21, 2018

A teacher’s First Amendment rights include freedom of speech and a number of other fundamental freedoms. Freedom of speech is not absolute, meaning that certain forms of speech are not protected. These include speech which incites, is obscene, defamatory, and a number of other prohibited forms of... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Q: Is it legal for the sheriff's office to use inmates to search my residence?
Gary Kollin
Gary Kollin answered on Sep 16, 2018

Need more detail

1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Q: If held in county detention for 9 months and house arrest after awaiting trial, after being found not guilty,

Can i file a cival lawsuit against sheriffs office

Gary Kollin
Gary Kollin answered on Sep 16, 2018

You can always file suit, but that does not mean you will win

1 Answer | Asked in Constitutional Law, Consumer Law and Small Claims for South Carolina on
Q: We had a company come to the house sell us a $7500 water softener installed now they want $1900 to take it out 2 days la

2 days later it's always dripping and we weren't informed about a lot of hidden details about it. Can they charge us this money to take out the system?

D. Nathan Davis
D. Nathan Davis answered on Jun 12, 2018

If the system was not properly installed, you should demand that the company repair the system before you pay any additional money.

If you are not able to obtain satisfaction with the company, be sure to make sure that the company you used is licensed to work where you live. Unlicensed...
Read more »

1 Answer | Asked in Constitutional Law for South Carolina on
Q: Is there a lawyer that will help me with violation of religious freedom from VA.

I was forced to attend 12 Step / AA religious programs for 62 hours a week for 9 month, under a largely publicly funded VA program. I had to do this horrible religions, and forfeit contact to the outside world (such as going to San Diego State University for several months. I needed food, water and... Read more »

Brian Lehman
Brian Lehman answered on Jan 9, 2017

You could consider contacting this organization, Freedom from Religion Foundation, or reporting what happened to you: https://ffrf.org/legal/report

That organization has specifically written about court-mandated AA meeting violating the constitution here:...
Read more »

1 Answer | Asked in Constitutional Law for South Carolina on
Q: Does the S.C. costitution require that the question of calling a convention be submitted to voters regular intervals?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

Read it and all court decisions on this topic. Is this a homework assignment?

1 Answer | Asked in Constitutional Law for South Carolina on
Q: Can a statemilita legaly own machine guns or fully automatic weapons
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

Probably. The National Guard in your state?

1 Answer | Asked in Constitutional Law for South Carolina on
Q: Is there a law against protesting in South Carolina?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

Probably. But that depends upon what you mean.

1 Answer | Asked in Constitutional Law for South Carolina on
Q: What is the date of the latest ruling from the supreme court regarding search and seizure
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

No facts given. No case involved? You can do an internet search and probably learn more.

1 Answer | Asked in Constitutional Law for South Carolina on
Q: are drug tests results supposed to be kept confidential in south carolina
Robert Jason De Groot
Robert Jason De Groot answered on Oct 8, 2015

Confidential to whom ? Genrally, yes.

1 Answer | Asked in Constitutional Law for South Carolina on
Q: My ex husband hired a P.I. for our divorce, they put a GPS on my car without my consent. I found & removed the device.

Can further action be taken against them for breaking the privacy act law?

Robert Jason De Groot
Robert Jason De Groot answered on Oct 8, 2015

No, not in my opinion.

1 Answer | Asked in Constitutional Law for South Carolina on
Q: is peaceful picketing allowed in south Carolina that is not restricting or harmful to the general public?

we live in a 55+ community and when purchasing a home here we were told the indoor pool was kept at a temperature of 86 degrees. Not true, it is kept at 82 degrees which is too cold to be used by seniors with various medical problems.

Robert Jason De Groot
Robert Jason De Groot answered on Sep 27, 2015

Peaceful picketing is probably governed by local ordinance. But the community you live in is a private organization, and you would have to read all the rules and regulations and the bylaws, basically all there is to read about the community, it is not the government. The Constitution applies to the... Read more »

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