South Carolina Recent Legal Answers from Lawyers

Convictions relating to domestic violence trigger limitations for firearm possession and purchase under federal firearm laws.  Prior to taking additional steps review of the actual charge listed for conviction on the rap sheet should be reviewed with an attorney.  Consideration of the charge, potential expungement, and the current and ongoing collateral consequences of the charge/arrest should be considered with the assistance of an experienced criminal defense attorney.... Read Answer

Before a court can order that you must pay support the court will address the question of paternity.  If you deny or question whether you are the father, testing will be conducted to consider if paternity exists.   If I court order is issued requiring the payment of support and you fail to comply with the order you could be arrested for wilful failure to comply with the terms of the court order.... Read Answer

You have been falsely accused of a crime, and a warrant has been issued for your arrest.  Unfortunately, before you can address being falsely accused, you must successfully defend the charge by obtaining a dismissal before trial, or through trial.  This answer likely seems unfair to you.  You are correct in the moral realm, but not in the legal realm.  Your rights as a defendant can be preserved by the rules of criminal law and your constitutional rights.  The prosecutor and alleged victim of the crime also have the right to have these issues presented to a court. Hire an experienced criminal defense lawyer immediately.   ... Read Answer

The Department of Social Services not only intervenes when a parent has abused or neglected their child but also in situations where a parent has placed a child threat of harm for abuse or neglect.  If they have concern that a parent knew, or should have known that an environment or individuals have the propensity to cause abuse or neglect of a child, the parent can be subject to DSS actions, findings, removal of children from home, or intervention for delivery of services.... Read Answer

To accomplish the transfer of custody a "friendly" custody action can be filed outing the parties' agreement.  Court approval will be required.  Filing a custody action will likely require the services of an experienced family court attorney.  Consider consulting with an attorney in your area to discuss how this process can be facilitated and expedited.  You will need to place the child's father on notice of the action, obtain his consent, or seek the court to grant custody despite the father's objection or lack of participation after notice... Read Answer

File your action immediately, begin resolving all of the financial issues related to the marriage, resolve all issues of custody or visitation, and then you will be positioned as quickly as possible for the court in South Carolina to grant the divorce.  Waiting simply allows problems to grow larger, assets to be lost or wasted, debts to be incurred that you could be liable to pay, and evidence will be lost. Fortune favors the bold.  ... Read Answer

File a contempt action, sometimes called a Rule to Show Cause.  Unless very valid and compelling arguments are presented that the failure to pay is not intentional he will likely be held in contempt of court.  The court could reimburse you for your attorney fees, place him in jail, and require him to perform public service.  Normally, paying nothing is clear contempt.  If an individual can not pay the full amount but attempts to perform courts will be somewhat temporarily lenient if reasons are valid and not the result of the payor's poor conduct.... Read Answer

First, the alleged probable cause necessary for the issuance of a warrant, and the evidence necessary to convict are significantly different.   Unfortunately, because the arrest has occurred an aggressive defense mounted by an experienced criminal defense attorney is key.  Early challenges at the preliminary hearing level of the evidence compared to the elements of this crime charged.   Second, the crime charged in this instance can be brought with "constructive possession" instead of actual physical possession.  The issue at hand is "control" not whether you allegedly held the illicit substance physically in your hand.   Third, the challenges of illegal search and seizure are detail-oriented.  When scouring and reviewing the state's evidence review of dispatch records, radio transmission, body camera footage, etc can be meshed together to have a complete picture of the timing and events to analyze the search and seizure issues.    Hire an experienced attorney immediately. ... Read Answer

If you are unable to locate your husband for service of the summons and complaint, you will need to seek an order of publication from the administrative judge in the county your case is filed. You will have to present a proposed order, and provide evidence that you made a diligent attempt to serve him the pleadings.  This is not the type of procedural matter that is easily handled without an attorney.  It is possible that you could retain the services of an attorney for the limited purpose of assisting with this task which would be much more cost-effective then hiring an attorney for the entire process. Some attorneys may provide you the information necessary for the cost of a consultation fee. For example, my office would charge $250 and provide you the necessary documents and direction during that meeting.  This would not include any court appearances or further document drafting.... Read Answer

Do you have a legal question? It may be wise to have a phone consultation with an attorney to explore the possibility that some Homeowners insurance policy could cover this based on the actions of the son. Depending on where the Shooting occurred, and what the homeowner knew or should've known of the danger facing your husband but did not take measures to warn him, there may be a homeowners insurance policy that would cover this. ... Read Answer

Determine if an estate has been opened in the County your mother resided at the time of her death.  If one has been opened you need to contest the distribution of estate assets, if probate has not been opened you could file yourself.  Both scenarios based on the contested issues realistically require an attorney.  ... Read Answer

If you were not arrested at the scene, the police have used their discretion to not charge you with Unlawful Carry or Pointing and Presenting a Firearm.   In the remote possibility that you were charged, provided you have no prior criminal history and did not discharge the firearm, an experienced criminal defense lawyer should be able to prevent you from any impact from these facts.   ... Read Answer

If your divorce case is pending in South Carolina, The court has jurisdiction to equitably divide all marital assets of the parties, regardless of their current location and regardless of the jurisdiction in which they were accumulated.  The fact these assets were accumulated prior to the marriage would most likely result in them being considered NON -MARITAL, and therefore outside of the reach of your spouse.  ... Read Answer

So in the work setting, if an employer is forcing you to get a vaccination, you may attempt to get out of it on several bases. It is unlawful to discriminate against anybody in the workplace based on religion or disability. So if you have a letter from your pastor saying that you object to the vaccination on The basis of your sincere religious beliefs, you may be able to be excused. Additionally, if your physician can document that your immune system will be compromised because The vaccine would put you at greater risk for an immuno disease reaction, then you can equally have a chance of getting out of the vaccination on that basis.... Read Answer