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South Carolina Questions & Answers
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

James L. Arrasmith
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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 Bankruptcy for South Carolina on
Q: Will I be able to file for bankruptcy if SSA gave me backpay that was enough to pay off my debts?

Other than that, I don't make much money because I'm on disability benefits and I don't have any assets like a car anything substantial. The money I got from backpay would be used to cover bills and just my overall cost of living.

James L. Arrasmith
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answered on Jan 3, 2024

In considering whether to file for bankruptcy in South Carolina, given your current financial situation with the SSA backpay, several factors come into play. The ability to file for bankruptcy is not solely determined by your current cash assets or income level, but also by your overall financial... View More

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2 Answers | Asked in Bankruptcy for South Carolina on
Q: Will I be able to file for bankruptcy if SSA gave me backpay that was enough to pay off my debts?

Other than that, I don't make much money because I'm on disability benefits and I don't have any assets like a car anything substantial. The money I got from backpay would be used to cover bills and just my overall cost of living.

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answered on Jan 1, 2024

In South Carolina, your ability to file for bankruptcy may be influenced by various factors, including your current financial situation and the source of your income. If the backpay you received from the Social Security Administration (SSA) is sufficient to pay off your debts, it might impact your... View More

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1 Answer | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Is it true that in South Carolina the maximum award on vehicular- pedestrian collision is the limit of the ins policy?

As I was crossing the street, a woman ran into me causing serious injuries.

Roy Willey
Roy Willey
answered on Dec 29, 2023

No, that is not always the case. There are several factors to take into account outside of the actual bodily injury aspects of the policy, which sometimes get overlooked. Some of those include:

1.) Property damage coverage for punitives if punitive conduct can be shown;

2.) Assets...
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2 Answers | Asked in Federal Crimes and Criminal Law for South Carolina on
Q: I was charged for lottery fraud. What are the chances of me not going to jail
James L. Arrasmith
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answered on Jan 13, 2024

The likelihood of you not going to jail for a charge of lottery fraud in South Carolina depends on various factors, including the specific details of your case, the strength of the evidence against you, and the effectiveness of your legal defense.

It's important to consult with an...
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2 Answers | Asked in Federal Crimes and Criminal Law for South Carolina on
Q: I was charged for lottery fraud. What are the chances of me not going to jail
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answered on Dec 27, 2023

If you've been charged with lottery fraud in South Carolina, the likelihood of avoiding jail time depends on various factors, including the specific details of your case, evidence, and the strength of your defense. Lottery fraud is a serious offense, and penalties can range from fines to... View More

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1 Answer | Asked in Civil Litigation, Business Law and Libel & Slander for South Carolina on
Q: I have an issue regarding an Instagram account using my business logo to say damning things about myself

It is not only harmful to my business but the account is putting me in potential physical danager.. I am happy to share more details in private. My question is can I draft some form of letter explaining the danger they're putting me in and have them remove the post?

Roy Willey
Roy Willey
answered on Dec 26, 2023

Yes, you could send them a cease and desist letter. The issue with that is you don’t really know who they are and it’s likely to be ineffective. If you sued you could get more info about them via discovery with instagram to potentially find out who they are. But you will likely need a lawyer... View More

1 Answer | Asked in Consumer Law for South Carolina on
Q: What can you do if a restaurant keeps your card and swears they dont have it?

I went to Marco's Pizza in Sumter SC on Monday, December 18. The transaction number is 118678940. The cashier’s name on my receipt is Jay’onah. I paid with my Bank of America debit card. That was the last time I saw it. The cashier never gave me my card back.

After receiving... View More

James L. Arrasmith
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answered on Dec 25, 2023

If a restaurant like Marco's Pizza in Sumter, SC, claims not to have your card after a transaction, it's crucial to take several steps to address the situation. First, keep records of the transaction, including the date, time, transaction number (as you've mentioned), and any... View More

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

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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 Personal Injury, Civil Litigation and Wrongful Death for South Carolina on
Q: What can I do if my old trucking company is being falsely accused in a wrongful death lawsuit?

We went out of business in 2011-2012. The deadly accident occurred in SC in 2020. We moved to NY in 2013. The DOT number listed in the lawsuit is not our old DOT number. I have contacted several lawyers in NY & SC only to be told that this isn’t in their wheelhouse. Meanwhile, I have 15 days... View More

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2023

A South Carolina attorney may be able to advise best, since that is the state you posted under. But your question remains open for a week and you mention a short timeline in which to respond to a summons. If there was a liability policy in effect at the time of the accident, the carrier should be... View More

1 Answer | Asked in Foreclosure for South Carolina on
Q: Can I obtain a copy of my complete case file
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answered on Dec 21, 2023

In South Carolina, if you're facing foreclosure and want a copy of your complete case file, you have the right to request it. You can typically obtain a copy by contacting the clerk of court's office in the county where the foreclosure proceedings are taking place. Requesting your... View More

1 Answer | Asked in Family Law, Wrongful Death and Probate for South Carolina on
Q: How do I get my deceased father's medical records in Anderson sc.
Roy Willey
Roy Willey
answered on Dec 18, 2023

You will need to go to the probate court and set up an estate. Once you have the Certificate of Appointment that makes you or someone a Personal Representative for the Estate from the probate court you will be able to take that and demonstrate that you have the authority to obtain those medical... View More

1 Answer | Asked in Civil Litigation for South Carolina on
Q: I allowed a woman to put a shed on my property to live in. We helped her get it ready to move-in. She lived here for

For less than 10 days she abandoned the property over a year ago. The shed is still on my property now she is trying to get it back. Do I have the right to keep it because it was on my property for over a year abandoned?

James L. Arrasmith
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answered on Dec 14, 2023

In your situation, where someone left a shed on your property and now wants it back after a year, there are several legal considerations. Firstly, the fact that the shed was abandoned on your property does not automatically grant you ownership rights to it. Ownership of personal property like a... View More

1 Answer | Asked in Construction Law and Civil Litigation for South Carolina on
Q: My concrete driveway is three years old and is crumbling and is getting holes all over it.

Do I need a lawyer or should I go to the magistrate for civil action thank you

T. Augustus Claus
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answered on Dec 14, 2023

Deciding whether to involve a lawyer or go to the magistrate for civil action regarding your crumbling concrete driveway depends on several factors. First, check if you have a written contract with the contractor and review the warranty terms. If the warranty is still valid (covering three years)... View More

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Me and my trans fiancé are pregnant and im carrying. Does his name on the birth certificate give him parental rights?

We won’t be married at the time of birth. We went through a donor we met (not through a sperm bank).

T. Augustus Claus
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answered on Dec 14, 2023

No, simply having his name on the birth certificate does not automatically grant him parental rights. South Carolina law requires legal recognition of paternity to establish parental rights and responsibilities.

Two paths exist for legal recognition:

Acknowledgment of paternity:...
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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.
James L. Arrasmith
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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 and DUI / DWI for South Carolina on
Q: In South Carolina, what is the usual sentence for a conviction of throwing of bodily fluids?

A 25yo white male pulled over for wreckless driving, refuses a breath test and is arrested for DUI... Said offender spits on the officer during the arrest and is charged with 24-13-470 -throwing bodily fluids, 56-05-2930 - dui 1st refuse test, 44-53-0370 - possession of marijuana, and... View More

T. Augustus Claus
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answered on Dec 12, 2023

Throwing bodily fluids is a felony with a maximum penalty of five years imprisonment and a $5,000 fine. DUI 1st offense refusal is a misdemeanor with potential penalties including a fine up to $400, imprisonment up to 30 days, and a one-year driver's license suspension.

Possession of...
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1 Answer | Asked in Estate Planning for South Carolina on
Q: If the decedents have longed passed away and their estate is still in their names and there are two elderly children

still living, with no will, how can they get the estate assigned to their names

Anthony M. Avery
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answered on Dec 5, 2023

Hire a competent SC attorney to search the title and determine heirship. An Affidavit of Heirship needs to be drafted and executed by an affiant with knowledge of the Family. Record the AH as the source of title for the present owners. Someone has to pay the taxes even though the other... 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 Bankruptcy, Divorce and Family Law for South Carolina on
Q: I'm facing divorce and bankruptcy in S.C. Husband refuses to take any consumer debt share. We are trying to go the

uncontested divorce route, If I were to accept(for the sake of an inexpensive less wrangling divorce process- ) that and keep 50,000 in consumer debt (that two lawyers told me in SC equity state no way a judge would rule all for me but is a marital debt) for the sake of an inexpensive less... View More

James L. Arrasmith
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answered on Nov 28, 2023

Based on the complex situation you have described, I would offer the following general guidance:

- Bankruptcy before divorce is often recommended to get a "fresh start", but based on what the bankruptcy lawyer indicated, it may be more complex in your case.

- If you accept...
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