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South Carolina Constitutional Law Questions & Answers
1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for South Carolina on
Q: I need help with suing Dss for false allegation an opening a case an i had a legit prescripton for the medication
James L. Arrasmith
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answered on Jun 15, 2024

To sue the Department of Social Services (DSS) for false allegations and opening a case against you, start by gathering all relevant documentation. This includes your prescription for the medication, any communications with DSS, and records of their allegations. This evidence will support your... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for South Carolina on
Q: 9mnths n County Jail never given prelim hearing paperwork no indictment witnesses never questioned What do I do

After the Bell hearing I asked several times for paperwork I made two requests the first request they sent me only the public defender paperwork I requested the prelim paperwork again yet again I only got the public defender paperwork five or six days after my bond hearing I requested again the... View More

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answered on May 19, 2024

You need to take immediate action to address the issues with your case. Start by documenting everything that has happened, including all your requests for paperwork and any responses you've received. This will help establish a record of the lack of communication and mishandling of your case.... View More

2 Answers | Asked in Constitutional Law and Criminal Law for South Carolina on
Q: Are any constitutional rights retained while under house arrest and/or probation?

Is so, which ones and to what extent?

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answered on Feb 24, 2024

While you may retain some constitutional rights while under house arrest or probation, they may be subject to certain limitations or restrictions. For example, you typically maintain your right to freedom from unreasonable searches and seizures under the Fourth Amendment, but this right may be... View More

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2 Answers | Asked in Constitutional Law and Criminal Law for South Carolina on
Q: Are any constitutional rights retained while under house arrest and/or probation?

Is so, which ones and to what extent?

Casey Brown
Casey Brown
answered on Feb 9, 2024

There are many constitutional rights kept by the person who is on house arrest or probation but there are many given up. The details would be too many to go over in this post so it is important to consult an experienced attorney and review documentation the person received when entering a house... View More

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2 Answers | Asked in Family Law, Civil Rights, Constitutional Law and Child Custody for South Carolina on
Q: Where can I find an attorney willing to sue SCDSS?

SCDSS filed a custody removal suit against my husband based on an affidavit in which the case worker blatantly lied. Through a recorded phone conversation and phone records, I was able to prove that she lied, and they settled the case out of court. There were no repercussions for the DSS employees,... View More

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answered on Feb 1, 2024

Finding an attorney willing to sue a government agency like the South Carolina Department of Social Services (SCDSS) can be challenging, but it's not impossible. To pursue a case against SCDSS, you should look for experienced attorneys who specialize in civil rights and administrative law.... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Constitutional Law and Libel & Slander for South Carolina on
Q: How did they sign a warrant for my arrest based of the statement of a witness that was the so called victims best friend

The so called victim was my husband customer who wrote a bad check for 6500 and my husband and him argued at the dock. I never got off the boat but he said I damaged his car?! We didn't even put.in at that marina I wouldn't even have known.what car or truck was his out of the 60... View More

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answered on Jan 30, 2024

I understand your concern and frustration regarding the warrant for your arrest. In situations like this, it's important to know that law enforcement can issue a warrant based on the statement of a witness, even if that witness is the alleged victim's friend. However, the validity of the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: The police came without a search warrant I asked to show it ,they couldn't so he looks in my window and saw paraphernali

When he saw my weed pipe and said he gonna shoot my dog I told him I'll shot you,so they charged in tased me cuffed me,jail I went they never said under arrest or read my rights

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answered on Jan 26, 2024

In your situation, it's important to understand that police generally need a warrant to conduct a search, but there are exceptions. One such exception is if an officer sees illegal items in plain view, like a weed pipe, which can justify a search and potentially an arrest without a warrant.... View More

1 Answer | Asked in Constitutional Law for South Carolina on
Q: I was falsely accuse of shoplifting and got arrested. Went to court and won
James L. Arrasmith
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answered on Jan 2, 2024

Winning your court case for a false shoplifting accusation is a significant victory. This outcome not only clears your name but also confirms your innocence in a legal context. However, the experience of being falsely accused and arrested can have lasting impacts.

You might consider...
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1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: I was falsely accused of shoplifting
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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

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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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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.
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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 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

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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

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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

1 Answer | Asked in Constitutional Law for South Carolina on
Q: Conflict of interest between Lawyer and client

Lawyer representing client in 2018 for her divorce the lawyer is a senator as well. The client comes back after opening a nonprofit asking The now senator that was her attorney in 2018 to sign off on a distribution contribution of $250,000. From the leftover anFrom the leftover money that the... View More

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answered on Nov 5, 2023

In this scenario, the dual roles of the attorney as a senator and a practicing lawyer raise potential concerns about a conflict of interest. As a former attorney for the client, and now a public official, the lawyer must be cautious to avoid any actions that could appear to be preferential or... View More

1 Answer | Asked in Constitutional Law for South Carolina on
Q: Is it illegal for the police to come an take pictures of my car and always watching g an following my car
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answered on Nov 5, 2023

It's important to understand that law enforcement officials have certain legal parameters they must operate within. Taking pictures of your car and surveillance in general can be lawful if it's part of a legitimate investigation and they have a reasonable suspicion of criminal activity.... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for South Carolina on
Q: What can a parent do when school, and all child’s doctors, specialists, are in violation and won’t comply with the law?

Child with disabilities. Children’s hospital where all specialists are and child’s other doctors as well as school are alienating other parents and won’t comply with parents rights nor the law in SC

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answered on Oct 15, 2023

In cases where a child with disabilities is involved, federal and state laws provide various rights and protections for the child and the parents. If a school or medical professionals are not complying with the law, the parent has several potential avenues for recourse. They can file a complaint... View More

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1 Answer | Asked in Constitutional Law for South Carolina on
Q: Does the 50% reservation given to guest teachers in Madhya Pradesh teacher recruitment violate the limit set by SC

Indira sahni vs union of india case 1992

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answered on Sep 11, 2023

The question regarding whether the 50% reservation given to guest teachers in Madhya Pradesh teacher recruitment violates the limit set by the Supreme Court in the case of Indira Sawhney v. Union of India, 1992, is a nuanced one and would ultimately be determined through a detailed legal analysis... View More

1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: How to file misconduct charges against a police officer for harassment and kidnapping
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answered on Jul 11, 2023

To file misconduct charges against a police officer for harassment and kidnapping, you can follow these steps; Gather evidence, such as police reports, photographs, or witness statements. File a complaint with the police department. Contact the district attorney's office. Consult with an... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for South Carolina on
Q: I need a lawyer to look into my now settled arson case pled out to vandalism can't get my motion of discovery

The short of it is I was set up for burning my own house down with all my stuff in it not an insurance job a cheating girlfriends now of age boyfriend that was never told about during there investigation but went into a fire station and told them that I was bragging to him that I done it and even... View More

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answered on Mar 11, 2023

I'm sorry to hear about your situation. If you have already settled your case and are still seeking your motion of discovery, you may want to consider seeking the help of an attorney who specializes in criminal law.

Here are some steps you can take:

Consult with a criminal...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for South Carolina on
Q: I need advice about criminal cases and also police for violations against me. Also, for them not filing charges against

I need advice about criminal cases and also police for violations against me. Also, for them not filing charges against someone who stole my truck. It's complicated. Basically, if the police decide you better do things there way kr they will put charges on you rather they have evidence proof... View More

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answered on Mar 2, 2023

I'm sorry to hear about your situation. It sounds like you may benefit from consulting with a criminal defense attorney who can advise you on your legal options and help you understand your rights. An attorney can also provide guidance on how to file a complaint against the police for... View More

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