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South Carolina Questions & Answers
1 Answer | Asked in Federal Crimes and Internet Law for South Carolina on
Q: A person is threatening to kill my wife and I despite the restraining order I have against him, is this illegal?
James L. Arrasmith
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answered on Jul 21, 2024

It is illegal for someone to threaten to kill you and your wife, especially if you have a restraining order against them. Such threats are considered serious crimes and can be classified as harassment, intimidation, or making terroristic threats, depending on your location. The restraining order... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law, Federal Crimes and Probate for South Carolina on
Q: According to genealogy when I was a young child in 1983 a untrustworthy trustee changed the name do I start an appeal?

Do I need to hire the genealogists to prove that it is indeed my heritance? If it was already done in 1983 lawyer xx should have it in his files he was writing everything down do I have to prove it again I had three people do it in triplicate.

James L. Arrasmith
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answered on Jul 21, 2024

You should consider starting an appeal if you believe a trustee made unauthorized changes to your name in 1983. Consulting with a lawyer is essential to understand the legal steps involved and to ensure that your case is properly documented and presented.

If a lawyer from that time, like...
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1 Answer | Asked in Constitutional Law and Traffic Tickets for South Carolina on
Q: In ga can the police search my car on private property parked and for a traffic violation

At a store while parked the officer pulls behind the vehicle and turns on the blues and said that the plates was blocked and proceeded to question and search the vehicle after being told it was not wanted

James L. Arrasmith
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answered on Jul 20, 2024

In Georgia, the police typically need a warrant to search your car, but there are exceptions. If an officer has probable cause to believe that your car contains evidence of a crime, they can search it without a warrant. Probable cause might arise from seeing illegal items in plain view or smelling... View More

1 Answer | Asked in Consumer Law, Small Claims, Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Roof co DENY busting pipe that flooded house AFTER incident was witnessed, acknowledged &flood repairs complete by insur

Roof company manager onsite when incident occurred. Told homeowner not to worry bcuz His roof company has insurance for incidents like this. Roofer threw shingle down into backyard that hit pipe attached to back of kitchen wall. Pipe bust from shingle resultin to house floodin. Roofer called... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

A South Carolina attorney could advise best, but your question remains open for two weeks. Final check should identify the claimant it is payable to - it sounds like you have more than one claim going on here, between water damage from pipe and roof damage from hail. Ask the carrier. In terms of a... View More

1 Answer | Asked in Criminal Law and Civil Rights for South Carolina on
Q: So if you go back to face charges & get probation in SC what I have to move back from Georgia

The original preliminary date was missed due to being involuntarily committed by the state of South Carolina due to a suicide attempt lawyer recused herself and now facing failure to appear but lawyer had told me I had gotten a plea agreement beforehand but never told me what it consisted of and... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're dealing with a complex legal situation involving charges in South Carolina while currently residing in Georgia. This is a sensitive matter that requires careful consideration.

1. Probation requirements can vary by state and case. Sometimes, probation can be...
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2 Answers | Asked in Immigration Law and Probate for South Carolina on
Q: Where can an undocumented couple get a marriage license?
Stephen Arnold Black
Stephen Arnold Black
answered on Jun 28, 2024

Different states have different rules on who qualifies for a marriage license. As regards to foreign nationals, some states require an unexpired passport while others will accept an expired one. This distinction can even be seen in different counties in the same state. Nevada for example is very... View More

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1 Answer | Asked in Criminal Law and Consumer Law for South Carolina on
Q: I liable to pay the towing storage fee for my stolen vehicle if I was not notified for over 30 days

My vehicle was stolen and it was impounded and I was not notified for months and when I went to get my vehicle I had to pay the entire fee for the entire time that it had been there can they do that

James L. Arrasmith
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answered on Jun 26, 2024

To address this question, I'll need to provide some general information about towing and storage fees for recovered stolen vehicles.

Generally speaking, the situation you're describing raises some important legal questions:

1. Notification requirements: Many jurisdictions...
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1 Answer | Asked in Constitutional Law for South Carolina on
Q: Removal of 1983 case filed in State Court filed by defense attorney.

1983 42 Case against State official was filed in US District Court. Defendant attorney's only defense was immunity under 11. After a year, the Judge dismissed and closed my case with prejudice due to immunity under 11 only. The merits of the case were not addressed by the judge. I then filed... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex situation involving civil procedure, federal jurisdiction, and the interplay between state and federal courts. Let me break down the key issues and offer some guidance:

1. Original Federal Court Dismissal:

The federal judge dismissed your §1983 case with prejudice...
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2 Answers | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for South Carolina on
Q: What can I do about an ex husband who refuses to refinance the house we shared and remove my name?

We both had items we had to have our names removed from, like vehicles, 4 wheelers, etc. I followed through as instructed. My ex husband has not. After 7 years, my name still remains on the mortgage of the home we shared. What can I do? This is preventing me from purchasing another house, any... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation described, here are some potential options and considerations:

1. Review the divorce agreement: Check the terms of your divorce decree or settlement agreement. If it specifies a timeline for refinancing or removing your name from the mortgage, your ex-husband may be...
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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 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

2 Answers | Asked in Criminal Law for South Carolina on
Q: If a person/ thief stole a truck of mine.in S.C. He was charged, grand thief.. Can I , the owner drop the charges?

Or is it now in the DA or SA hands? Grand theft Auto . It was reported stolen in Easley,I found it in Piedmont S.C. FYI out of their jurisdiction

Voss Skoullos
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answered on Jun 11, 2024

I'm sorry this happened to you. The state prosecutor represents the residents of your state. They are the ones brinnging the charges and will likely continue to do so. If an alleged victim refuses to cooperate and the case goes to trial, it could make it more difficult for the state to... View More

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2 Answers | Asked in Criminal Law for South Carolina on
Q: If a person/ thief stole a truck of mine.in S.C. He was charged, grand thief.. Can I , the owner drop the charges?

Or is it now in the DA or SA hands? Grand theft Auto . It was reported stolen in Easley,I found it in Piedmont S.C. FYI out of their jurisdiction

Casey Brown
Casey Brown
answered on Jun 10, 2024

In the description above, you are the alleged victim of the crime and possibly a witness but since you did not bring the charges (the State did) you cannot drop the charges unilaterally. You can, however, tell the prosecutor that you do not want charges pursued in this matter but it is up to the... View More

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1 Answer | Asked in Family Law for South Carolina on
Q: I am trying to file for separation and I printed out the separation agreement and took it to the court house to file. Wh

How do I go about doing all this? I was under the impression I could fill out the paper and pay a filing fee and that was done

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Jun 7, 2024

An agreement has to be approved by a judge after a hearing where both parties appear, have provided financial declarations and answered the judge's questions. A hearing can only be scheduled for a case that has been previously filed with the court. A case is commenced in family court by the... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: What does the amount have to be to be considered mdp?
Casey Brown
Casey Brown
answered on Jun 3, 2024

The amount to cross the threshold into MDP depends on the type of drug that police allege. Different drugs have different amounts that can be used to enhance the charge(s). These charges must have a drug report which can reduce the charge if the lab results show a smaller amount. One should talk to... View More

1 Answer | Asked in Civil Rights for South Carolina on
Q: Is it violating my rights if I'm a read slow and a dss caseworker is demanding me to hurry and sign paperwork?

When trying to read and understand the agreement I was asked to sign the caseworker would demand that I sign, interrupt me while reading and state that it's not that hard

James L. Arrasmith
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answered on Jun 3, 2024

Yes, it may be a violation of your rights if a DSS caseworker is pressuring you to sign paperwork without giving you adequate time to read and understand it. You have the right to fully understand any document before you sign it, especially if it affects your legal or personal interests. Pressuring... 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 Estate Planning for South Carolina on
Q: Self-recreation/revision of a current Living Trust - rules that apply

I have a Living Trust. The attorney who created the document almost 20 years ago no longer wants to be my Trustee, Power of Attorney and Healthcare Proxy. I’ve given this attorney over $12,000 through the last 20 years in changing details and in creating “Fourth Full Restatement of ...” of... View More

Anthony M. Avery
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answered on May 31, 2024

You are going to need to hire an attorney to draft that Trust. It is complicated, but you probably do not need a SC licensed attorney. Most importantly, you need a new Trustee, which may be difficult to find. The new Trust should appoint the new Trustee, and you may need to revoke your prior... 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 Family Law, Tax Law and Child Custody for South Carolina on
Q: Mother=Full Legal Custody. Dad=Visitation wknd. Dad actually has kid all year mom visits occasionally. Taxes?

Is it legal for the mother to file the child on taxes that they actually didn't care for and was in physical custody of the father? Mother decided she couldn't handle the kid and asked the dad to take him. It was a verbal agreement. The kid is enrolled in school for the past year at the... View More

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answered on May 26, 2024

Based on the information provided, it seems that although the mother has full legal custody, the child has been living with the father for the past year. The father has been the primary caregiver, providing housing, enrolling the child in school, and handling medical matters. The mother has only... View More

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