South Carolina Recent Legal Answers from Lawyers

You will probably need an attorney to represent you in this matter.  I would suggest an attorney who specializes in family law.  Although an attorney cannot work on a contingency fee basis on a divorce, he or she can on the issue of child support or alimony. Regards, I am Dr. Michael G. Sribnick, Esq.  Attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC    ... Read More

You do not comment on the ultimate outcome of your husband.  Obviously you need to see a medical malpractice attorney to have the records reviewed by an expert, a doctor, to see if you have the case.   Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC... Read More

Debts have to be paid before one receives anything from an estate, assuming that the debts are submitted within the probate code statute of limitations.  One must assume that one of your sisters is the named personal representative in the will, as you make no mention of the personal representative.  If your sisters paid their share of the debts (you should ask for receipts) it would be proper to deduct that amount from your share on a pro rata basis.  If the child was not named in the will, he gets nothing, but I suggest you consult an attorney to protect your rights in all of the above questions.  This answer does not create a lawyer/client relationship. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D. www.michaelsribnicklaw.com... Read More

This answer does not create a lawyer/client relationship.  You would be well advised to hire a criminal lawyer as possession is codified in S.C. Code Ann. SECTION 44¿53¿375. Possession, manufacture and trafficking of methamphetamine and cocaine base and other controlled substances; penalties.  (A) A person possessing less than one gram of methamphetamine or cocaine base, as defined in Section 44¿53¿110, is guilty of a misdemeanor and, upon conviction for a first offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. Thus, if found guilty, you could face up to 3 years in prison, up to five thousand dollars in fines or both. Regards, I am Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com... Read More

This answer does not create a lawyer/client relationship.  I suggest you hire a criminal lawyer to protect your rights and ask for a jury trial.  This offense is described in S.C. Code Ann. 16-11-510 Malicious Injury to Animals and other personal property(b)(3) assuming that the value of the property is $2,000 or less, this is a misdemeanor carrying, if you are found guilty, a fine of not more than $1000 or 30 days in jail or both, triable in Magistrate Court.  Just because you feel there were no witnesses does not mean that it does not come down to whether you or your neighbor's friend will be a more credible witness. Regards, I am Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com... Read More

This answer does not create a lawyer/client relationship.  Yes, they can charge someone else with that particular crime.  Double jeopardy only applies to the person that was found innocent, as he or she can nevever again be charged with that same crime. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

Can you prove that you became ill directly resultant of consuming product? Can you support your contention with medical records? Do you still have the product so that it may be chemically analyzed? How can you be certain your illness was not coause by the water you used or contamination within the coffee maker? Unless you can answer these questions, I doubt you would have a case.... Read More

This comment does not create a lawyer/client relationship.  The police are allowed to enter a dwelling under exigent circumstances.  A suicidal threat is arguably exigent circumstances, but this can be argued.  If something is in plain view it is argueably grounds for charges, but this too can be argued against. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

This advise does not create an attorney/client relationship.  If your daughter has been charged with murder she needs a lawyer as soon as possible, regardless of what you think.  If she cannot afford a lawyer, the court must appoint one to represent her. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

The insurance company has a duty to compensate you enough money to theoretically "replace" your exact same car. They will estimate the value of a similar car with similar mileage, etc. and that's what they'll offer you up to your policy limits of course. It is possible that $3700 is a fair replacement value for your vehicle. The amount you paid and the amount it is worth are two different values. The insurance company is more concerned about their well-being than yours. That said, they will try to pay you as little as possible. It would be to your advantage to invlove an attorney. They probably will not take you very seriously on your own.... Read More

Question: Can I sue because I have to work to be around mold? This question details the type of concerns faced by employees every day. These circumstances are why we have worker protections in the USA at the federal level and some ? weaker in South Carolina at the state level. You can report these circumstances to the South Carolina Department of Labor, Licensing and Regulation. If you have reported this to your employer and it has not taken action, you will be concerned that any further actions on your part to address this problem will be used to terminate your employment. South Carolina has a whistle blower protection statute for employees who report violations of statutes, rules or regulations regarding occupational safety and health (Occupational Safety and Health Act (OSHA) Whistle blower Protections). These are detailed at S.C. Code 41-15-510 et seq. (http://www.scstatehouse.gov/code/t41c015.php) Protected activities include filing a complaint, instituting a proceeding, or testifying about OSHA violations. An employee who has been discharged or otherwise discriminated against by any person in violation of Section 41-15-510 has the right to file a complaint with the South Carolina Commission of Labor alleging such discrimination. The SC Labor Commissioner shall cause investigation to be made as he or she deems appropriate, and, if the Commissioner determines that anti-discrimination provisions of Section 41-15-510 have been violated, he must institute a law suit in the appropriate court of common pleas against such discriminating person or entity. In any such action, the court of common pleas has injunctive authority to restrain such OSHA anti-discrimination violations, as well as authority to order all appropriate relief including rehiring or reinstatement of employee to his or her former position with back pay. S.C. Code 41-15-520. You will want to consult with an attorney before taking action because if you were to initiate a complaint and face retaliation, you will want to be able to show that you actually complained to your employer (with witnesses or documents to prove that you did so) and that your termination or punishment was related to the complaint, that is, a reprisal against you. If not done correctly, your employer may be able to justify your termination or demotion on other grounds. See an attorney!... Read More