South Carolina Recent Legal Answers from Lawyers

Take it to court. If the officer who actually witnessed the violation (assuming there was one) isn't present then the judge must rule in your favor as you Constutional right to "confront an adverse witness" will be violated. It's the same as getting into an accidernt that the police did not witness and the other party fails to appear. The court must throw out the charge.... Read More

The first thing I look at in this situation is was there reasonable suspicion to initiate the traffic stop. If not, then I would move to have the evidence made inadmissible via the "fruit of the poisonous tree" doctrine. However, there is case law that states if the officers mistake was not aggregious, then the evidnce may still be allowed in. It's difficult to determine given the limited amount of information you provided.... Read More

I have handled that kind of case before. If the other driver was found at fault, then the insurance must pay for satisfactory repairs. You can also try to get the diminution in value of what your vehicle was worth before the damage v. what it is worth now. There are cases in SC that keep the insurance companies on the level (i.e. Tyger River).... Read More

If you were in an accident while performing duties within the scope of your employment then yes, your employer should be liable for worker's comp, medical expenses, etc. so long as you were not grossly negligent in causing the accident. It's difficult to answer your question with the limited details you have provided. I would be happy to discuss the matter over the phone. I may be reachad at 843-225-2255.... Read More

You cannot be compelled to testify against your ex-husband for communications made during your marriage. Following is the appropriate SC rule of evidence: SECTION 19-11-30. Competency of husband or wife of party as witness.In any trial or inquiry in any suit, action, or proceeding in any court or before any person having, by law or consent of the parties, authority to examine witnesses or hear evidence, no husband or wife may be required to disclose any confidential or, in a criminal proceeding, any communication made by one to the other during their marriage.Notwithstanding the above provisions, a husband or wife is required to disclose any communication, confidential or otherwise, made by one to the other during their marriage where the suit, action, or proceeding concerns or is based on child abuse or neglect, the death of a child, or criminal sexual conduct involving a minor.... Read More

It's "NCIC", the National Crime Information Center. You should not be prohibited from purchasing a firearm for misdemeanors, only felonies. You definitely should not be held up if you were never convicted of a crime. If you were convicted of a crime that would prohibit you from purchasing a firearm, you would need a pardon, not an expungment. There's a big difference.... Read More

Your company cannot be forced to produce a client name on an offer letter if there is no client at which you will be working. The company officer or lawyer entrusted with your immigration application should study the RFE to see exactly what is requested in the offer letter and comply with the request. The company can also explain in a response letter how your job is different – why your job does not involve a consultancy if other positions in the company do. 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 More

You can be sued for anything. The question is whether or not te plaintiff will prevail on the merits of the action. You haven't provided enough information to give an answer. Were you issued a ticket and found at fault? Were you found guilty of the charge? Who is suing you? Is an insurance company suing you to get back damages it paid out? What were the circumstances of the incident?... Read More

If you were paroled into the U. S. for humanitarian reasons after you were caught at the border, you might be able to adjust your status to permanent residence with U.S.C.I.S. If you were not paroled and did not come in with a valid visa, you would most likely have to reopen your case to obtain permanent relief without leaving the country under present law. You would find in most cases that neither ICE nor the immigration courts are sympathetic to reopening cases for which no final relief can be given. Cancellation of removal is not an option as your time was frozen when you were served with papers to go to court. Voluntary departure is also not a basis for reopening where that is the only relief being asked for in reopening the case. You may wish to wait for a political solution such as legalization if Congress ever agrees on such. In addition, the Fifth Circuit Court of Appeals is currently deciding whether the Administration’s executive action program, DAPA, Deferred Action for Parental Accountability, can be passed. If so, you may be able to benefit with a three-year stay and employment authorization if your child was born by November 20, 2014. 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 More

I do not speak for other lawyers or their secretaries.  I am a board certified internist and S.C. attorney.  Your first concern should be your health, and your second is to call a lawyer who will not simply settle, but take the case to court on your behalf if your damages exceed an amount for which the insurance company is willing to settle. Regards, I am Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com... Read More