South Carolina Recent Legal Answers from Lawyers

Clients and lawyers regular fail to communicate effectively because of incorrect contact information.  Consider speaking with the administrative staff of the public defender's office.  Confirm correct contact information is on file.  Request that the administrative staff set a conference, live or telephone, with your attorney.  Determine if you can communicate with your attorney via email or text.  Regardless of your past issues, your right to counsel continues.... Read Answer

If your adoption was finalized before you turned 15 years of age then you may be eligible for permanet residency. Your father would need to file form I-130 along with several other forms. There may be some matters that may prevent you from receiving your immigrant visa. I offer free consultations to determine whether or not you are eligible for a visa. Please contact my office at your earliest convienence for further guidance. Samuel J. Zermeno, Esq. 915-219-4070 sjzermeno@zermenolaw.com www.zermenolaw.com... Read Answer

If the defamatory material was only spoken to you, there is no defamation.  If it has been spread to others, depending on what was said, you may have a case for slander.  As far as racial issues, you will need a lawyer who deals with discrimination. Dr. Michael G. Sribnick, Esq. Attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC This answer neither constitutes legal advice nor creates a lawyer/client relationship.    ... Read Answer

First I would suggest that you consult a lawer who deals with products liability.  You will need an expert who can state that due to a defect or design flaw your system failed and that was the cause of your damages.   Dr. Michael G. Sribnick, Esq. attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

There is no legal separation in S.C.  You can get a separate maintainance and support decree, but short of that divorce is your only option.  If you qualify, you may get help from Legal Aid. This answer neither creates a lawyer/client relationship nor constitutes legal advice. Dr. Michael G. Sribnick, Esq. Attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Adultry can be proven by circumstantial evidence and is a fault ground for divorce in S.C.  Depending on the age of the children, the family court will make that determination.  I suggest you find a reputable family law attorney in your area. This answer does neither create a lawyer/client relationship nor does it constitute legal advice. Dr. Michael G. Sribnick, Esq.  Attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

You will need to hire a lawyer as this is a fault (adultry) divorce.  Once he is served with divorce papers and has a chance to hire his own lawyer to answer your complaint, the court will decide who is to leave based on an equitable settlement; custody of children, if any; alimony and child support, etc.  Dr. Michael G. Sribnick, Esq. Attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

The short answer is yes.  If you wish to report her, If you must do the following if you believe she has in some fashion misused the benefits being issued for the beneficiary, contact the OIG Fraud Hotline. You should provide as much identifying information as possible regarding the suspect. Such information should include: Name of the Representative Payee and the beneficiary Social Security Number of the Representative Payee and the beneficiary Date of birth of the Representative Payee and the beneficiary Details regarding the allegation, such as when it happened, how the abuse was committed, and where the abuse took place This answer does neither create a lawyer/client relationship or constitute legal advice. Dr. Michael G. Sribnick, Esq. Attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC    ... Read Answer

You need to file for divorce, if you want custody of your children.  As you have no money, perhaps legal aid will assist you or you may need to represent yourself pro se  The Court will decide what is in the best interest of the child.  This answer does not create a lawyer/client relationship nor does it constitute legal advice. Dr. Michael G. Sribnick, Esq.  attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC  ... Read Answer

You may find a lawyer who would take your case, but I personally would not.  You paid for an education, not a job; and an education is what you got.  I am not trying to be hard on you, especially during the Holiday Season, but I too got what I paid for when I graduated from law school after being a M.D. for over 25 years.  The fact that no law firm hired me when I passed the bar, does not give me a right of action against the law school, as I got what I paid for, a law degree.  This answer does not create a lawyer/client relationship nor does it constitute legal advice. Dr. Michael G. Sribnick, Esq. Lawer in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

A power of attorney is a document stating that you are an agent for another, and can make decisions for him.  However, a power of Attorney expires at death. Did your father leave a will in which he named a personal representative who would then present the death certificate to the insurance company.  The answer to you other question is that the hospital bill should be paid (minus deductible) by your father's health insurance.  All debts must be paid by your father's estate within a certain time.  You are not responsible for your father's debts once his estate (all he owned both real property and personal property) is used. Regards, I am Dr. Michael G. Sribnick, Esq.  Lawyer in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

What are the circumstance for this alleged false arrest?  You don't give enough facts for a proper answer.  If a polife officer has probable cause for an arrest, there is no suit. Regards, I am Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

You and your wife be represented by the same attorney.  There are facts missing from this story, and I suggest that you include them for a better answer.  You cannot fire your wife's attorney, as he or she is representing your wife.  If you wish to reconcile with your wife, have your attorney and her attorney negotiate this for you. Best of Luck, Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC  ... Read Answer

You would need to take this case back to Family Court, preferable with a family law attorney representing you.  S.C. Family Courts make and change custody decisions based on what is in the best interest of the child.  You are not specific as to whether these children are both step-children or adopted by you or are your own children, as this does make a difference.  For example, if your allegations of child abuse is proven to be true, and the two year old is yours, you may be granted custody; but if the two year old is a step child and the allegations you are making are proven true, the court might simply order that the abusive boy friend be removed from the home.   Good luck to you, Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Abandonment and adultry are fault grounds for a divorce in S.C., which is an equitable distribution state.  I suggest you seek help from a family lay attorney.  This answer does not create a Lawyer/Client relationship. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

If he is physically abusive, that is a fault ground for divorce in S.C., but emotional abuse is not.  If you obtain a divorce property, and alimony is divided by equitable distribution.  There is a formula(s) by which he will be required to pay child support depending on custody of the children.  There is no legal separation in S.C., but there is separate maintainance and support.  I suggest you seek the advice of a domestic relations lawyer. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

This would be up to the prosecutor, but he or she has up to the statute of limitations depending on the crime committed.  This advice does not create a lawyer/client relationship. Regards, I am Dr. Michael G. Sribnick, Esq. criminal defense lawyer in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

It sounds like you were charged as an accomplice.  I suggest that you consult with a criminal defense attorney if you are not happy with your public defender. Regards, I am Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

It appears your husband has been in the United States on more than one occasion during at least one time he entered illegally and has been unlawfully present for more than a year. This is a matter best served by a consultation as your husband's full immigration history needs to be reviewed to determine what, if anything, can be done to help him obtain legal status.... Read Answer

U.S.C.I.S. appears to have given conflicting answers here over the years, but the latest that we can recall seeing is that an individual would have to remain back 365 days before an H-1B petition could be filed on his or her behalf. That interpretation, unfortunately, does not benefit you in seeking a new 6 years. 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

I would advise you contact your step-mother's divorce attorney or obtain for her sister a family law attorney.  Although a divoce can not involve a contingency fee, alimony and child support can.  You are a good step-daughter. Regards, I am Dr. Michael G. Sribnick, Esq.  Attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC  ... Read Answer