South Carolina Recent Legal Answers from Lawyers

I assume you have a fence with holes or slats in it.  If seen by someone under age 18, it is possible that you could be charged with contributing to the deliquency of a minor or indecient exposure even if seen by an adult. This answer neither constitutes legal advice nor establises a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Yes, you can sue him for breach of an oral contract, but you must have proof of the loan as you have nothing in writing.  You may find a lawyer to take this case, but it will be hard to find one that will take it on a contingency (percentage) basis, as getting money from this man may be impossible if he has none. This answer neither constitutes legal advice nor does it create a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. personal injury attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D.... Read Answer

You may have difficulty handeling this case on your own, as you do not know about criminal procedure, evidence, etc., you would be well advised to retain a criminal defense lawyer to assist you.  Of course you can do it on your own, but no one can predict, with or without a lawyer, ectactly what will happen before a Magistrate Judge. This answer does neither constitute legal advice nor a attorney/client relationship Dr. Michael G. Sribnick, Esq. crominal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Perhaps both criminal and civil.  The criminal charges would need to be theft and you can report this to the authorities.  As far as a civil case you may wish to sue her in small claims court yourself, as hiring a lawyer may be more expensive than monies recovered depending on the value of the bike. This answer neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

You do not mention how you were damaged by this.  Hopefully, you are OK.  If you suffered no damages, it is unlikely that the cost of litigation is worth much money.  That said, you should take your records to a medical malpractice attorney for a case evaluation.  Not taking a patient off prescribed medication is not necessarily a breach of the standard of care.  This answer neither constitutes legal advice nor creeates a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

In S.C. this requires one year of living separate and apart.  Otherwise you need fault grounds of physical cruelty, habitual drunkeness or drugs, adultry, or abandonment.  This answer neither constuitutes legal advice nor creates an attorney/client relationship. Dr. Michael G. Sribnick, Esq. attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

I am sorry to hear this.  She must reach the age of 18 to make such a decision.  If she has a reason other than simply not wishing to go, you will need to present this to the Family Court.  This answer neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

The police have the right charge or not charge as they wish.  I am sorry this happened to you.  If you have been injured, your first stop should be seeing a doctor and your next stop should be to retain a personal injury lawyer.  This answer does not constitute legal advice nor does it create a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. personal injury and criminal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

You would be well advised not to give misinformation on an application.  Rest assured that this charge is already probably on your  driving record.  Instead, hire a DUI attorney. Dr. Michael G. Sribnick, Esq. criminal defence including DUI/DWI in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

I am sorry you are having to go through this.  Has he been denied bail?  Does he have a criminal defense lawyer.  If so, you need to pose this question to him.  If not, you need to find him one.  If you cannot afford a lawyer, he should have been assigned a public defender. Dr. Michael G. Sribnick, Esq. criminal defense attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

If your son was charged, you should retain a criminal defense attorney to represent him.  The fact that one boy was not charged does not offer a defense to your son.  This answer neither creates a lawyer/client relationship nor constitutes legal advice. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Yes, you can use this defense of intimidation, but the fact that you were high is probably not a viable defense.  For best results, you need to retain a criminal defense lawyer to advocate for you.  This answer does not constitute legal advice nor does it create a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

I'm sorry for your loss.  If your parents died without Wills, the law of intestacy in the state where they lived determines who has the right to their probate assets.  It sounds like it is you and your brother, along with any other siblings or the children of any deceased sibling.  It sounds like their addition to your brother's home and paying off his mortgage were gifts as the house is in your brother's name, so those are not probate assets.  Their personal belongings are, unless they gave them to your brother while they were living.  So are any bank accounts or other assets that were just in their names. ... Read Answer

The prohibition upon applicants participating in the I-601A program if they had a previous immigrant visa interview has been rescinded, and your husband is now eligible to apply for the benefits of the I-601A program. You can check with the American Consulate in Ciudad Juarez to see whether the case is still viable. If not, you would have to file a new I-130 petition and wait for that to be approved before filing for the I-601A waiver.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Short Answer: Effect The effect of a settlement agreement and mutual release is to discharge the responsible party of its obligation for causing the accident for an agreed-upon amount which is typically less than what could be obtained by pursuing a lawsuit and a trial. In exchange for making the agreed-up payment, the responsible party, the one who caused the accident and his or her insurance company are released and discharged for all past, present and/or future claims stemming from the transaction forever. Binding A settlement agreement and mutual release is typically binding on the personal representatives, heirs and/or successors of both parties meaning that once the dispute is settled, it cannot be revived absent a showing that the agreement is contractually void. ... Read Answer

Family court will only "divide" property determined to be marital.  If you owned the vehicles prior to the marriage and did not take any steps to transmute the property into a marital asset, the care will not be subject to apportionment by the court.  The bank accounts would be addressed in a different manner.  Assets accumulated during the marriage are most likely to be consider as marital.  ... Read Answer

I believe that if the TSA was looking to prosecute you, it would likely have done so by this time. That being said, any action would likely be of a criminal nature or border on the criminal and so I imagine that you would probably look for a criminal defense attorney. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

You need to submit the requested documentation. The U.S. Embassy needs documentation that your wife actually resides in the U.S. Given the length of time she spent outside the U.S., she is lucky she was not found to have abandoned her residence. Your wife should contact an experienced immigration attorney to discuss what documentation can be submitted. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Court ordered child support can be reduced based on a substantial change in circumstances.  Before filing a modification action, research should be completed estimating the approximate modification based on the income of the parties.    If instead of a modification based on change of circumstances an attack of the original calculation is contemplated based on a mistake or error in calculation, timing is key.  A motion for reconsideration of an Order must be filed within 10 days of receipt of the written Order, or possibly within 1 year under Rule 60, SCRCP.... Read Answer

First, because infraction occurred in Georgia, that State's expungement laws would apply.  To the clearing of the traffic / moving violation.  In South Carolina, traffic offenses are not "expungable."   Second, insurance companies look at both DMV conviction and chargeable accidents.  The insurance company will look at the industry determination of fault, and the threshold crossed with the cost of property / or injury claims made.... Read Answer