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answered on Mar 1, 2024
If you're the spouse of a deceased person who was managing heir property, your rights to the property depend on several factors, including the laws of the state where the property is located, whether there was a will, and how the property was titled. Generally, spouses have certain rights to... View More 
Isn't this extortion?
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answered on Feb 13, 2024
In South Carolina, the situation you described raises concerns under consumer protection laws. When a company conditions a refund on the removal of a negative review, it could potentially be considered a form of extortion or a violation of your rights under laws designed to protect free speech and... View More
I live in South Carolina and my charges are trafficking 3rd offense
answered on Feb 12, 2024
South Carolina has no statute of limitations for criminal offenses. The only exception to this is deals with charges in another state for the same person but this does not apply here. Therefore, the charges would not drop. The State would seek a bench warrant and the file would be placed on the... View More
Is so, which ones and to what extent?
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
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
answered on Feb 9, 2024
It is possible to be sentenced to probation for a guilty plea to burglary 2nd degree. Many factors make a difference as to the probability of receiving this sentence though such as the facts of the case, if it is violent or nonviolent, and the person's record. It is important to consult an... View More
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answered on Feb 8, 2024
In South Carolina, if your divorce is not finalized by the time of your child's birth, your husband is presumed to be the legal father of the child due to the marriage. This presumption can complicate putting your boyfriend's name on the birth certificate at the time of birth. However,... View More
what are all the cause and effect factors
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answered on Feb 6, 2024
In South Carolina, modifying or eliminating court-ordered child support typically involves demonstrating a significant change in circumstances since the original order was issued. However, completely eliminating child support without any legal or administrative process is highly unlikely, given... View More
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answered on Feb 6, 2024
In South Carolina, if a beneficiary named in a will dies before the testator (the person who made the will), the disposition of the deceased beneficiary's share depends on the specific terms of the will and state law. Typically, wills include provisions for what happens if a beneficiary... View More
I live in South Carolina, a strict liability state. I was jogging and was attacked and bitten by two dogs. I was injured (not seriously, two puncture wounds in my leg). I filed in small claims court for damages. The Defendant has retained legal counsel. The demanded a jury trial. I am... View More
answered on Feb 6, 2024
Give the judge the case law before the jury is called in and highlight the applicable parts, and ask him to charge the jury with the highlighted portions. That means he will read those to the jurors when he is telling them about the law which happens after closing statements, and before they... View More
I have to appear in court coming up for citation of failure to provide insurance. Clean driving record. No accidents, or tickets
answered on Feb 5, 2024
Just go to court and be very honest with the judge and let him know that you have no tickets and it was an honest mistake. As far as the damages, go to the other person and or their car, they will have to use their uninsurance coverage. This is coverage that is mandatory in our state and it will... View More
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answered on Feb 4, 2024
When you receive a Form 1099-C for cancellation of debt, it typically means you need to report this amount as income on your tax return, potentially increasing your tax liability. However, there are several strategies that may help you avoid or minimize the tax impact of forgiven debt.... View More
I haven't even been allowed to go through my mother's belongings. And I'm just needing some legal advice of what I can and can't do. I'm basically just wanting to make sure I get my great grandmother's handmade dishes thats been passed down that my mother told me she... View More
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answered on Feb 2, 2024
In South Carolina, when someone passes away without a will, their assets typically go through the probate process to determine how they should be distributed. As the deceased's only child, you may have rights to inherit a portion of your mother's estate under intestate succession laws,... View More
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
I was charged with custodial interference after refusing to return my child to her mother due to the mother not properly caring for my child. There was no court ordered custody and I signed the birth certificate, so I was under the impression that I had the right to keep my child in my care while... View More
answered on Feb 1, 2024
In South Carolina, signing a birth certificate provides merely rebuttable evidence that the signer is the biological father of a child born out of wedlock. The putative father's paternity must be established in a family court hearing, before he is legally recognized as the father and before he... View More
Especially if the new warrant is for a very low misdemeanor
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answered on Jan 31, 2024
If a person has been in prison for a long time but has maintained a clean record since their release, this can positively influence their eligibility for a personal recognizance (PR) bond, particularly for a low-level misdemeanor. A PR bond, also known as a personal bond, allows a person to be... View More
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
I am asking because my accountant is looking for bank deposits, and I don’t have any.
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answered on Jan 28, 2024
No, being paid cash as a 1099 subcontractor and not depositing that cash into a bank account is generally not advisable or okay from a tax and legal perspective. Here are a few key reasons why:
1. Tax reporting requirements - As a 1099 worker, you are still required to pay taxes on that... View More
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
I've had a drug charge pending in general sessions Court for almost 2 years now and I was wondering if they was an amount of time that I could get it thrown out
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answered on Jan 26, 2024
The ability to have a criminal charge dismissed after a certain period depends on several factors, including the specific circumstances of the case and the laws of the jurisdiction.
In South Carolina, there is no automatic time limit after which a drug charge is automatically dismissed.... View More
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