South Carolina Recent Legal Answers from Lawyers

You should be asking this question of your lawyer.  If you have not hired a personal injury lawyer, you should do so immediately to get the maximum that your case is worth. Dr. Michael G. Sribnick, Esq. personal injury attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Your health insurance will cover it until you and a personal injury lawyer (you need one) receive a settlement or court judgement against the at fault driver.   This advice neither creates an attorney/client relationship nor constitutes legal advice. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

If an insured driver ran into your home, you can recover from his/her auto insurance and your homeowners insurance depending on the policies, the amount of coverage,; the type of coverage etc.  You shoul speak to a personal injury lawyer as soon as possible. This answer neither constitutes legal advice nor creates an attorney/client relationship. Dr. Michael G. Sribnick, Esq. automobile accident attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

No, unless your contract provides you with that right, or you have some sort of statutory lien on the property (for which I see no basis).  It's your friends' property, and while you claim that they have breached your contract and owe you something, right now that is nothing more than your claim, with which your friends would no doubt disagree.  Put bluntly, you can't just take someone else's property because you claim that they owe you something.... Read Answer

It's not clear from your question exactly what your situation is, and there are times when an insured has different interests from his/her insurer and should retain separate counsel.  However, see if this situation is like yours. If you were insured for any part of your claims, the insurance company that paid for it is entitled to be repaid from the proceeds of your suit.  This is known as "subrogation."  Thus, for example, lets say you are injured and sue for damages.  Part of the damages you seek is for medical expenses, part of which were paid by your health insurer.  So that if you receive a judgment for $35,000 including $10,000 of medical expenses, $5,000 of which was paid by your health insurer, the insurer is entitled to be reimbursed for its $5,000 of expenses (just like you, it would not have suffered this damage except for the other party's negligent driving) out of the amount you recover.  Similalrly, if you sue for damages which include $1,000 you had to pay for a replacement rental car, and part of that $1,000 was covered by your insurance, the insurance company is entitled to recover the part that it paid for which you recovered. If you want to settle the case, you would be wise to make sure that anybody with subrogation rights signs off on the settlement and agrees with you on what portion of the recovery it will take before you conclude the settlement.... Read Answer

There is no direct path from withholding of removal to lawful permanent residence. You could seek permanent residence if , for example, you marry a United States citizen. You would need to reopen your removal proceedings. You may want to discuss options with an experienced immigration attorney. ... Read Answer

You are free to leave the United States. However, if you depart before a decision is made, you risk your application being denied due to abandonment. You may accrue unlawful presence is such instance if your authorized stay has expired. Contact USCIS before departing to inquire about the status of the request and to update your mailing address. ... Read Answer

Techinically, you did not finish the program.  You would be wise getting a letter from your counseler and having your criminal defense attorney handle this.  If you do not have a criminal defense attorney, hire one to help you.  This answer does not constitute legal advice nor create an attorney/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LL... Read Answer

It sounds like you and your husband need help preparing and documenting the case. Has the consular official provided any more insight into why you have been denied? Did they give your husband any documents related to the denial of his visa application? You can find more information about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You would best be served by asking for a jury trial and hiring a criminal defense attorney.  If the paraphenalia was in plain view or even, if not, you would be well served by hiring a criminal defense attorney to protect your legal rights. Dr. Michael G. Sribnick, Esq. criminal defense attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

You need to consult with a criminal defense attorney.  The state's arguement will be that they are allowed to search anything that could contain an SD card.  Your arguement is best handled by a criminal defense attorney.  Do not go to court on your own. Dr. Michael G. Sribnick, Esq. criminal defense attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com  ... Read Answer

A person who drive on a public highway of this State without a driver’s license in violation of Section 56-1-20 is guilty of a misdemeanor and, upon conviction of a first offense, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined five hundred dollars or imprisoned for forty-five days, or both, and for a third and subsequent offense must be imprisoned for not less than forty-five days nor more than six months.  If this describes your fate, a criminal defense attorney would be strongly advised.  Please note that this answer neither constitutes legal advice nor establishes an attorney/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Possibly. Much more information is needed about your friend including his criminal record and the reason he wants to return. Certain criminal offenses bar someone from ever returning to the United States while others only result in removal or require a waiver to return. You can read more about criminal aliens at http://myattorneyusa.com/criminal-aliens.... Read Answer

You can sue the man in a civil court, but if he has no money, an award is unlikely.  You should be prepared to pay the lawyer a retainer fee, as an attorney may not wish to take this case on a contingency alone basis (percent of recovery).  You can also take out a restraining order against the man who cut you. This answer does not constitute legal advice nor does it create a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense lawyer in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

You can record a telephone conversation in S.C. only if you are a party to the conversation.  The tapes are not admissible in court, but as you have left out many facts, they may be useful against the other side.  This answer does not constitute legal advice nor does it establish an attorney/client relationship. Dr. Michael G. Sribnick, Esq. litigator in S.C. offices in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

You do have the right to defend yourself, but may wind up hiring a criminal defense attorney and appearing in a court of law for stabbing someone.  You can never be sure that a stab wound would not hit a major artery and be charged with attempted murder or murder.  You better be sure that the knife you carry is not a concealed weapon, if you do not have a concealed weapon permit.  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, S.C. Michael G. Sribnick, M.D., J.D., LLC  ... Read Answer

It is not clear why your divorce is not recognized. For the most part, states and USCIS will recognize a divorce decree issued by another country so long as the divorce was granted in accordance to that country's law. So long as divorce by proxy is recognized in a country, the divorce would be valid. Do you have a divorce decree? If so, you may be able to request rehearing on your naturalization application. If not, you would need to either re-file indicating you are married or divorce your spouse in accordance with South Carolina. ... Read Answer

Sorry, not likely to be successful.  You could sponsor him for permanent residence, as his US citizen step-parent, but of course you have issues relating to his mother's best interests.  Whenever she is willing to allow him to leave home, you could begin a case.  If you start it at least 12 months before his 21st birthday, there's a good chance the process could be complete within 12 months.  Good luck.... Read Answer

Short answer:  You will need to consult with a lawyer experienced in US immigration matters. to handle this properly and with peace of mind for you and your husband.  Longer answer:  Basically, the process is, you (USC spouse) file Form I-130 for your husband.  When approved, he applies for an immigrant visa through the US Dept of State, and he files Form I-601A provisional waiver IF he is eligible.  As you may be aware already, approval depends on proof of extreme hardship to you, his USC spouse.  If he is eligible to file the I-601A, wait on the I-601A approval, then he will leave for his country to attend the immigrant visa interview at the US embassy or consulate in his country which is designated by USDOS for IV processing. You may want to visit USCIS webpage, www.uscis.gov/forms to review the requirements for the Form I-130 filing and eligibility for Form I-601A.  You probably know your husband cannot "adjust status" (Form I-485 application to adjust status) in the USA because of the unfortunate turn of events, that his USC fiancee didn't follow through.  (Her loss, your gain.) Good luck to you both.... Read Answer