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South Carolina Gov & Administrative Law Questions & Answers
2 Answers | Asked in Criminal Law and Gov & Administrative Law for South Carolina on
Q: Impact of Georgia probation violation on South Carolina probation

I have a probation violation for possession of meth and Xanax in Georgia, along with an outstanding warrant. Georgia has not extradited me, and I was released from jail twice. Currently, I'm on probation in South Carolina. My South Carolina probation officer has recently learned about my... View More

Casey Brown
Casey Brown
answered on Jun 12, 2025

One of the many conditions of probation is that the person is not to be rearrested. This is an interesting condition as most people do not want to be rearrested. But with a new charge the probation agent could decide to hold an internal meeting and then could decide to petition the Court for a... View More

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2 Answers | Asked in Employment Law, Personal Injury, Consumer Law and Gov & Administrative Law for South Carolina on
Q: How to cancel annuity signed without authorization in SC?

My mom is planning her retirement, and recently, we worked with an agent to move her federal savings into a SPIA annuity account. However, we discovered that the agent electronically signed my mom's name on the annuity application without her knowledge or authorization. He claims that to... View More

D. Nathan Davis
D. Nathan Davis
answered on Apr 8, 2025

I am questioning if your mother did not authorize an electronic signing. I am guessing that this is the situation, and I also believe that she signed something to move money into the account. Electronic signatures are binding in most situations.

How was the money moved to the annuity if... View More

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1 Answer | Asked in Real Estate Law, Consumer Law and Gov & Administrative Law for South Carolina on
Q: Developer disclosure responsibility for nearby water treatment facility

I moved into a newly built home in an already established neighborhood, only to discover several months later that it is across the street from a water treatment facility, which causes a bad smell. The developer did not disclose this information when I purchased the house, and there was no mention... View More

D. Nathan Davis
D. Nathan Davis
answered on Feb 18, 2025

Your question is unclear as to whether you could have seen or discovered this issue before you purchased the home. If you could see this facility, it would be up to you to investigate whether you might want to purchase a home with a location near a facility.

Even if you could not see the... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for South Carolina on
Q: In the state of South Carolina, is the grantor signature needed in order for the grantee to become owner?

My uncle is the grantee of property that my father owned in SC. My uncle recieved the property through a tax sale and it was never redeemed. My brother and I were not aware of this. We received legal documents recently for both of our signatures to remove our interests or rights to the property.... View More

Anthony M. Avery
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answered on Jul 29, 2024

If the grantor does not sign, there is no transfer of title. Hire a SC attorney to search the title and advise what to do. If your Father lost the property in a Tax Sale, then he did not convey anything. Apparently the owner wishes to clear up the title cloud of the redemption that you might... View More

1 Answer | Asked in Gov & Administrative Law for South Carolina on
Q: I temporarily signed title of my vehicle over to family member for work but now they refuse to sign title back over
Tim Akpinar
Tim Akpinar
answered on Jun 14, 2024

A South Carolina attorney could advise best, but your question remains open for a week. Unfortunately, DMV titles don't usually make a distinction between temporary or permanent transfer. They show ownership or transfer of ownership of a vehicle. The argument you make about the transfer being... View More

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for South Carolina on
Q: 1st grader with disability, having the protected by IDEA and ADA acts was being expelled without due process, can I sue?

7-year-old, first grader, in Georgetown County Public School District, Having an evaluation and diagnosis for a disability, We believe was a victim of discrimination and gross negligence, committed by both the public school itself, and the local County School District. Throughout the evaluation... View More

James L. Arrasmith
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answered on Jun 3, 2024

You may have grounds to sue the Georgetown County Public School District for expelling your 7-year-old without due process. Under the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA), your child is entitled to specific protections and procedures,... View More

1 Answer | Asked in Gov & Administrative Law and Social Security for South Carolina on
Q: I need help trying to get my birth certificate and social security card because my mother won't give it to me
James L. Arrasmith
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answered on May 28, 2024

I'm sorry to hear that you're having trouble getting your important documents. To get your birth certificate, you can contact the vital records office in the state where you were born. They usually have an online application process or forms you can mail in. You'll need some... View More

1 Answer | Asked in Divorce, Civil Rights, Elder Law, Gov & Administrative Law and Family Law for South Carolina on
Q: What to do next?

He is on disability, has already paid a lawyer $5,500. It has been a full year of separation and the lawyer still hasn't filed. He has nothing left financially to give. He and his soon to be ex have a residence with $83,000 owed on a second mortgage. What should he do?

James L. Arrasmith
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answered on May 24, 2024

If his lawyer has not filed for divorce after a year and he has already paid $5,500, he should first contact the lawyer to request an update and a timeline for filing. Clear communication is essential to understand any delays and to press for immediate action. If the lawyer remains unresponsive or... View More

1 Answer | Asked in Contracts and Gov & Administrative Law for South Carolina on
Q: Why did the title to my old car come in the mail after I made the trade for a new car ?

I just traded my 2017 ford mustang in for a 2024 model, today the title for the 2017 came In the mail and it had my name listed as the owner , I’m confused as to why did the title come in my name ?

James L. Arrasmith
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answered on Apr 21, 2024

When you trade in a vehicle, the dealership typically handles the transfer of ownership and title to the new owner (which would be the dealership in this case). However, there can be a delay between the time you trade in your old vehicle and when the title transfer is officially processed by the... View More

2 Answers | Asked in Family Law, Federal Crimes, Gov & Administrative Law and International Law for South Carolina on
Q: Is it illegal to share a room with my nephew who is a minor, if I his aunt, am an adult?

He is 11 almost 12, I am 22 almost 23. We can only afford a two bedroom apartment. I will hopefully be living with my sister and nephew. Unless this is against the law. I cannot find a definite answer online, hopefully you can help! Thanks!

James L. Arrasmith
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answered on Apr 6, 2024

In general, there are no laws that prohibit an adult from sharing a room with a minor relative, such as an aunt sharing a room with her nephew. Family members often share living spaces due to financial constraints or personal preferences.

However, there are a few considerations to keep in... View More

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for South Carolina on
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

1 Answer | Asked in Gov & Administrative Law and Municipal Law for South Carolina on
Q: My camper was stolen found now but don't have vehicle to retrieve it from where it was left can I get in trouble

My stolen camper was left at a house and the homeowner was told I said to bring it there. I did not. They want it gone but I don't have a way to go get it. I can't even get a ride to the home to talk to homeowners to ask for a few days to arrange way to have it moved police are telling me... View More

James L. Arrasmith
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answered on Nov 30, 2023

In South Carolina, if your stolen camper has been recovered and left on someone else's property without your consent, the situation is understandably frustrating and complex. First, it's important to recognize that the homeowner has the right to request the removal of the camper from... View More

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law, Federal Crimes and Criminal Law for South Carolina on
Q: Am I eligible for parole after serving over 20 years for a 2001 felony murder conviction in South Carolina?

In 2001, I was convicted of felony murder in South Carolina after rejecting a plea offer of 22 years and going to trial. I was found guilty, and parole was not discussed during sentencing. Recently, my federal habeas was denied. Am I eligible for parole after serving over 20 years?

James L. Arrasmith
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answered on Jul 10, 2025

In South Carolina, parole eligibility depends heavily on the sentencing laws in place at the time of your conviction and the specific sentence imposed. Since you were convicted of felony murder in 2001, you may still be parole-eligible if you were sentenced under laws that allowed it at the time.... View More

1 Answer | Asked in Gov & Administrative Law and Civil Rights for South Carolina on
Q: How can I update my South Carolina birth certificate to reflect my name and gender changes?

I was born in South Carolina and had my name legally changed in Jacksonville, Florida, but it was so long ago that I no longer have any paperwork related to the change. I am transgender, and my current driver's license reflects my new gender and name. My Social Security records have been... View More

James L. Arrasmith
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answered on Jul 10, 2025

You've already taken a lot of the important steps by updating your Social Security records and driver's license, and it's understandable that you'd want your birth certificate to match. In South Carolina, you can request an amended birth certificate to reflect your correct name... View More

1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for South Carolina on
Q: Challenges for non-resident selling cosmetics in USA?

I am a non-resident manufacturer of cosmetic hair products and would like to sell in the USA. I do not have a fixed address due to my work. What challenges might I face entering the US market, particularly in terms of regulatory compliance, and how can I address them?

James L. Arrasmith
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answered on Jul 10, 2025

Selling cosmetics in the U.S. as a non-resident brings both opportunity and responsibility, especially with how products are regulated. The Food and Drug Administration (FDA) oversees cosmetic safety, labeling, and claims, and your products must comply with these federal standards. You don’t need... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for South Carolina on
Q: Why does parole board deny someone who served 34 years without issues?

I am trying to understand why someone who was sentenced to 30 years for murder and has served 34 years, having been denied parole 7 times, is still being turned down despite no behavioral issues while incarcerated. What reasons could the parole board in South Carolina have for continuing to deny... View More

James L. Arrasmith
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answered on Jul 6, 2025

In South Carolina, the parole board has broad discretion and is not required to grant parole even after the minimum sentence is served. Good behavior in prison is only one of many factors they consider. They also weigh the severity of the original offense, impact statements from victims’... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for South Carolina on
Q: What can homeowners do about house lights and BOD's rescinded approval?

I installed decorative lights on my house outline under the soffit without submitting an Architectural Review Committee (ARC) form, as I thought it was unnecessary for something on my house. The lights have been up for over three years and were initially approved at a board meeting on April 23 but... View More

James L. Arrasmith
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answered on Jul 6, 2025

You and other homeowners have the right to expect fairness, consistency, and transparency from your HOA’s Board of Directors. If your lights were up for over three years without issue and were formally approved on April 23, the sudden reversal on April 30—without explanation—raises questions... View More

1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant, Small Claims and Real Estate Law for South Carolina on
Q: How can SC homeowners address HOA communication and governance issues?

In my community, the HOA Board of Directors requires that all homeowner issues be directed to the management company, which often fails to respond within the required 30-day period and frequently misunderstands inquiries. Communication issues arose after 51% of homeowners requested a recall... View More

James L. Arrasmith
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answered on Jul 6, 2025

You and your fellow homeowners are well within your rights to demand accountability and responsiveness from your HOA Board, especially when the management company is failing to meet basic obligations. Under South Carolina’s Horizontal Property Act and the Nonprofit Corporation Act, homeowners... View More

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Gov & Administrative Law, Foreclosure and Real Estate Law for South Carolina on
Q: Decorative lights rescinded approval issue with BOD.

I installed decorative lights on my house without submitting an Architectural Review Committee form, which I thought was unnecessary. The lights have been up for over three years and were initially approved by the Board of Directors (BOD), but the approval was rescinded without explanation. The BOD... View More

James L. Arrasmith
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answered on Jul 6, 2025

You have every right to be frustrated, especially when you received initial approval and have complied in good faith for years. If the Board of Directors rescinded that approval without explanation and is now enforcing new standards retroactively, they may be overstepping their... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Family Law and Gov & Administrative Law for South Carolina on
Q: Daughter wants to run away as DSS caseworker threatens placement in home; no action on misconduct reports.

I reported to the Robeson County Sheriff's Department that my uncle was inappropriate with my daughter when she was 8, and my aunt knew about it. She is now 16 and living with my mom due to her removal from my home by DSS for neglect allegations. Despite my reports, no action has been taken.... View More

James L. Arrasmith
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answered on Jul 4, 2025

You must file an administrative appeal with the juvenile or family court immediately and request a contested custody hearing to challenge DSS’s removal decision.

Gather all records of your abuse reports, any correspondence showing DSS inaction, and statements from your daughter or her... View More

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