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South Carolina Recent Legal Answers from Lawyers

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472 legal questions have been posted about by real users in South Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
South Carolina Recent Legal Answers from Lawyers
Page 16 of lawyers' answers to legal questions about South Carolina.
Legal Issue
South Carolina

Recent Legal Answers

What can I do if I’m being kind of threatened with physical violence or death?

Answered 10 years and 6 months ago by Paul De Holczer (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You are, indeed, way too young to be dealing with a situation like this. You are right to seek help and advice to deal with this situation. You absolutely MUST talk with your parents or a trusted teacher or the local police as soon as possible. Your understanding of the risk involved is NOT "blown out of proportion." Do not let anyone talk you out of speaking with your parents or a trusted teacher or the local police. That would be a terrible mistake on your part. As an attorney, I can tell you that you have a right to live without fear and without having anyone threaten you in any way. You do NOT have to deal with this matter alone. You do NOT even have a right to deal with this matter alone - you are not ready to deal with this situation alone and the law has determined that you should not have to do that. You must talk with your parents or a trusted teacher or the local police as soon as possible. Do it!... Read More
You are, indeed, way too young to be dealing with a situation like this. You are right to seek help and advice to deal with this situation. You... Read More

Can a officer sign a warrant on you for drivi g under suspension I n sc after the fact. Say he doesn't run ur liscense

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
Yes, but I highly doubt the prosecution will be successful. Next time take a taxi before you kill someone.
Yes, but I highly doubt the prosecution will be successful. Next time take a taxi before you kill someone.

What are my legal options to stop an unrelated adult from contacting my underage child, after I've told this adult to cease contact?

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
Report this woman to the police. Possible charges are contributing to the delinquency of a minor, harrassment, etc. Contact your local magistrate and have an order of protection (i.e. restraining order) issued barring contact between the wonam and your child.
Report this woman to the police. Possible charges are contributing to the delinquency of a minor, harrassment, etc. Contact your local magistrate and... Read More

what is it called when you have an agreement between one or more parties agreeing that they will not talk about what is being discussed in the documen

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer
If you are referring to an oral contract (not written) the term is quantum meruit. Ohterwise, I have no idea what you are talking about.
If you are referring to an oral contract (not written) the term is quantum meruit. Ohterwise, I have no idea what you are talking about.

What recourse do I have if my attorney will not return my phone calls?

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
You can call the Offic of Disciplinary Counsel and file a complaint. The two largest complaints against attorneys are poor communications (not returning telephone calls) and misuse of trust funds. I suggest you first call your attorney and advise him/her that if you don't get some answers you will file a complaint. www.sccourts.org/disccounsel/index/cfm... Read More
You can call the Offic of Disciplinary Counsel and file a complaint. The two largest complaints against attorneys are poor communications (not... Read More

My girlfriend told police I hit her and she had a bruise that I did not cause.

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
It happens every day. You do not want a CDV conviction on your record. Retain a capable defense attorney.
It happens every day. You do not want a CDV conviction on your record. Retain a capable defense attorney.

Can law enforcement take the peep hole out of your door so they can see inside

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
No. That would be a violation of your 4th Amendmant.
No. That would be a violation of your 4th Amendmant.

Is it illegal in south carolina to know smoking weed and underage drinking is taking place at your home even if you are not present?

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
Yes, if the individuals breaking the law were juveniles and the person who knew about the activity was an adult.
Yes, if the individuals breaking the law were juveniles and the person who knew about the activity was an adult.

what will happen if you can't show certificate

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
You don't "own" money, the United States Treasury does. I've never heard of a certificate of ownership for money. The mere fact that it is in your possession makes it yours unless it is stolen or gained through illegal means. Your question, if it is a question, makes no sense.
You don't "own" money, the United States Treasury does. I've never heard of a certificate of ownership for money. The mere fact that it is in your... Read More

Discharging firearm in SC

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Expungements
First, I don't think an airsoft gun is considered a "firearm". Second, only a felony will preclude you from purchasing a firearm and discharging a firearm within city limits is usually a misdemeanor. Assuming your Second Amendment rights have been suspended, you would need a pardon to have your rights restored. Once that is done, you may expunge the record. Expunging the record alone will not restore any rights. All it will do is seal the record so it is not publically available. The following defines a "firearm" in South Carolina: SECTION 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.(A) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, "weapon" means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death. Air, a spring, green gas or propane are probably not considered an "explosive".... Read More
First, I don't think an airsoft gun is considered a "firearm". Second, only a felony will preclude you from purchasing a firearm and discharging a... Read More

can i sue a judge & the county for discrimation in a court & unfair treatment?

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: DUI/DWI
Have a look at the SC Tort Claim Act. Depending on the circumstances, you may be able to bring a 1983 action in federal court.
Have a look at the SC Tort Claim Act. Depending on the circumstances, you may be able to bring a 1983 action in federal court.

what will happen if you are caught laundering money

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
Most likely a warrant will be issued and you will be arrested.
Most likely a warrant will be issued and you will be arrested.

I just started a new job I'm a cna and their was urine on the floor I fell and hurt my ankle and hip

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer
Is that a question or a statement?
Is that a question or a statement?

what are my rights if i have been wrongfully accused of shoplifting and have to go to court?

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
It's a crminal charge, so you have the right to an attorney. If you can't affprd one and meet certain criteria, an attorney may be appointed to you by the court. You also have a right to confront any adverse witnesses. If there are not, the charge should be dropped.
It's a crminal charge, so you have the right to an attorney. If you can't affprd one and meet certain criteria, an attorney may be appointed to you... Read More

How do I go about getting some form of income coming in?

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Personal Injury
Is this a legal question?
Is this a legal question?

if i post a collateral bond ?

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
Yes, that is the point of a collateral bond. If you put up your car or house as collateral on the bond and your son skips trial, the bond is kept and the bondsman could force the sale of your assests at a sheriff sale to recover the bond.
Yes, that is the point of a collateral bond. If you put up your car or house as collateral on the bond and your son skips trial, the bond is kept and... Read More

my son lives in s.c. he was on probation when he was arrested for another crime for which he is now incarcerated.

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
Yes and yes.
Yes and yes.

Where do I file with small claims court?

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer
If he followed the terms of the contract, then where is the issue? If there is one, you would file suit in the county where the event took place.
If he followed the terms of the contract, then where is the issue? If there is one, you would file suit in the county where the event took place.

The police department has DNA on file in the vault but won't allow a paternity test with it. The suspect is deceased as of 2002

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
That's a shame. Is there a question somewhere?
That's a shame. Is there a question somewhere?

is it very common for a lawyer to have his practice at his house

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
Some do, some don't. The question is are you comfortable with your attorney?
Some do, some don't. The question is are you comfortable with your attorney?

what can be done when the investigator lies during the preliminary hearing to the judge

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
It's still purgery regardless of the affiant. The question is can you prove it? If so, you can discredit the affiant as a witness.
It's still purgery regardless of the affiant. The question is can you prove it? If so, you can discredit the affiant as a witness.

Can I get a felony expunged in South Carolina if it has been my only offense ever.

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Expungements
It depends how old you were at the time. It may be possible to expunge your record under the youthful offender act.
It depends how old you were at the time. It may be possible to expunge your record under the youthful offender act.

joinly account that my name with died people , Wnen the account go the probite paper.

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Parole and Probation
Your question makes no sense. Please rephrase it.
Your question makes no sense. Please rephrase it.

what will happen to me ? i was behind on my bills i didnt want to do it but i did i stole almost 300 dollars from out my register

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
If a warrant has been issued you may turn yourself in to the police. If you do not and the police have a search warrant and a warrant for your arrest they may enter your residence. I'd suggest you try to work it out with your boss and have the matter dropped if possible.
If a warrant has been issued you may turn yourself in to the police. If you do not and the police have a search warrant and a warrant for your arrest... Read More

I have a large family. Making vegetable soup and found a roach attached to a potatoe out of a bag of frozen potatoes. Daughter missed school because

Answered 10 years and 7 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Personal Injury
You may have a cause of action, but I doubt you'll be able to prove anything.
You may have a cause of action, but I doubt you'll be able to prove anything.
Legal Issue
South Carolina