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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 18 of lawyers' answers to legal questions about South Carolina.
Legal Issue
South Carolina

Recent Legal Answers

Can I hire a mediator to represent me in a personal injury lawsuite in SC?

Answered 10 years and 9 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Personal Injury
You need an attorney to file an action. Once the action is filed with court, you will probably have to attempt mediation before trial depending on the county where you file.
You need an attorney to file an action. Once the action is filed with court, you will probably have to attempt mediation before trial depending on... Read More

i have court on monday july 27 scared to death ii have a felony charge of unlawful neglect what do i need to expect.

Answered 10 years and 9 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
Is this a DSS action or a criminal action? If it's DSS, they will likely move to have your children placed in temporary custody with someone other than you. The worst they can do is a TPR, or termination of parental rights. Once your parental rights have been terminated, you cannot get them back. I assume you have an attorney. If you cannot afford one the court may appoint an attorney free of charge. If you do not have an attorney, request a continuance on Monday and advise the judge that you are seeking counsel.... Read More
Is this a DSS action or a criminal action? If it's DSS, they will likely move to have your children placed in temporary custody with someone other... Read More

Is it the law to tell your sex partner have a STD. Hepatitis C treatment beforr having sex?

Answered 10 years and 9 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Sex Crimes
I am not aware of any legal precedent in SC requiring someone to inform their partner of STDs, etc. You may have a civil action.
I am not aware of any legal precedent in SC requiring someone to inform their partner of STDs, etc. You may have a civil action.

What can a person in prison expect from a divorce?

Answered 10 years and 9 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your daughter has paid her debt to society.  S.C. is an equitable distribution state which means she should be treated fairly as to what was premarital property and what was marital property. She should hire a lawyer to make sure her rights are protected.  You do not give information as to whether or not the divorce will be based on fault grounds (desertion, adultery, physical cruelty, or habitual drunkenness which includes drug abuse) which would be a bar to alimony. Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More
Your daughter has paid her debt to society.  S.C. is an equitable distribution state which means she should be treated fairly as to what was... Read More

received call saying a warrant for my arrested would be issued if i didnt make a payment for a loan i know nothing about

Answered 10 years and 9 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer
I would suggest you hire a lawyer to straighten out this mess.  There is the possibility of identity theft, but you provide little facts regarding the loan. Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com
I would suggest you hire a lawyer to straighten out this mess.  There is the possibility of identity theft, but you provide little facts... Read More

can someone be held more than maximum days

Answered 10 years and 9 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
I am not familiar with the term "maximum days" as it applies to a warrant.
I am not familiar with the term "maximum days" as it applies to a warrant.

is it possible to have 2 simple possession of marajuana convictions expunged?

Answered 10 years and 9 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
It is possible if both charges were adjudicated at the same time.
It is possible if both charges were adjudicated at the same time.

Is there a specific time frame when trial should come after the indictment in south carolina?

Answered 10 years and 9 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
No. There is no "statute of limitations" for crimes in SC.
No. There is no "statute of limitations" for crimes in SC.

My husband has been charged with a crime, If he chooses to have a speedy trial. how long does the D.A. have to take it to trial.

Answered 10 years and 9 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
Theoretically forever. The Constitution grants the right to a "speedy" trial, but that is a relative term subject to the court docket.
Theoretically forever. The Constitution grants the right to a "speedy" trial, but that is a relative term subject to the court docket.

if you violate your probation and are put in jail, and have a hearing.. does the time you spent in jail count as time served

Answered 10 years and 9 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Parole and Probation
Time served does not automatically count toward a sentence, but it is often granted in the judge's discretion.
Time served does not automatically count toward a sentence, but it is often granted in the judge's discretion.

plea deal

Answered 10 years and 9 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
Both the arrest record and the conviction will show on a background check. In other words, if your husband was charged with CSC of a minor and convicted of assault, bith will show. The best course is to contact an attorney to expunge the arrest record.
Both the arrest record and the conviction will show on a background check. In other words, if your husband was charged with CSC of a minor and... Read More

I'm a victim of elder abuse and believe my civil rights are being denied.

Answered 10 years and 9 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer
If you feel that you are the victim of elder abuse, I would hire an elder abuse lawyer.  In S.C. the Ombudsman's Office and SLED is required to investigate your claim. Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com
If you feel that you are the victim of elder abuse, I would hire an elder abuse lawyer.  In S.C. the Ombudsman's Office and SLED is required to... Read More

What are my rights as a mother

Answered 10 years and 9 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I would advise that you get your own lawyer to protect your legal rights regarding custody.  The court will determine custody based on the bests interest of your child.  Do not allow your husband to use the child as a bargaining chip. Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com... Read More
I would advise that you get your own lawyer to protect your legal rights regarding custody.  The court will determine custody based on the bests... Read More

Spouse purchased house while separated, but no separation agreement

Answered 10 years and 9 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You will each need a lawyer to draw up the property and settlement agreement.  You cannot use the same attorney, which protects each of you. S.C. requires a year of living apart in separate dwellings for a no fault divorce.  If you have evidence of adultery, this would be a fault divorce in which, if proven, be a bar to alimony in S.C.; but will not affect child support.  It could, however, affect which parent has primary custody. Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com... Read More
You will each need a lawyer to draw up the property and settlement agreement.  You cannot use the same attorney, which protects each of you.... Read More

how much for a simple will

Answered 10 years and 9 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer
This is usually done on a hourly basis and depends on how much time it takes the lawyer.  Thus the cost would be the lawyers hourly charge x the number of hours spent. Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com  
This is usually done on a hourly basis and depends on how much time it takes the lawyer.  Thus the cost would be the lawyers hourly charge x the... Read More

What could I do if the IRS audit report is wrong?

Answered 10 years and 10 months ago by Ronald K. Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Taxation
Get a tax attorney to represent you. IRS auditors aren't authorized to force you to accept their results. You need someone between you and the auditor. The first issue is to determine who's correct: you, the auditor or perhaps both or right on some issues. Then options are to attempt to persuade the auditor, to speak with the auditor's supervisor or to appeal the issues.... Read More
Get a tax attorney to represent you. IRS auditors aren't authorized to force you to accept their results. You need someone between you and the... Read More

will I get ten years for shoplifting enhancement

Answered 10 years and 10 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
There is not enough information to properly answer your question.
There is not enough information to properly answer your question.

does pending charges show up on a sled background check

Answered 10 years and 10 months ago by attorney Jonathan Brooks Davis   |   1 Answer
An arrest record will likely show up, but not a conviction if the case is pending.
An arrest record will likely show up, but not a conviction if the case is pending.

Do I necessarrily need an attorney for a shoplifting charge? 2nd offense.

Answered 10 years and 10 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Parole and Probation
You don't need an attorney, but I would advise retaining one. If you are found guilty you may also have to repay the store a multiple of the amount stolen in a civil action.
You don't need an attorney, but I would advise retaining one. If you are found guilty you may also have to repay the store a multiple of the amount... Read More

can my lawyer who is representing me in a settlement case and a custody case make me pay him off the balance owed to him on the custody case

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Automobile Accidents
In my opinion, that is not ethical. The two matters should be handled separately.
In my opinion, that is not ethical. The two matters should be handled separately.

what charges can someone get if they didn't plan to rob a store but accidentally shoots the woman and she died

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
Murder. In SC a person convicted of murder in furtherance of a felony may be sentenced to death. It doesn't matter whether or not he planned to rob the store or not. I would advise this person to retain counsel immediately.
Murder. In SC a person convicted of murder in furtherance of a felony may be sentenced to death. It doesn't matter whether or not he planned to rob... Read More

I purchased a 2013 Nissan Altima in September 2014, after 7 months the transmission went all the way out. The car salespersrn said my warranty went ou

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer
You may have an action against the dealer on a UCC cause.
You may have an action against the dealer on a UCC cause.

Litigation case

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer
Is there a question somewhere?
Is there a question somewhere?

what happens if i bond my son out and he get lock back up do i still make payments to bondsman

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
That depends on whether or not the bond was forfeited by his most recent incarceration.
That depends on whether or not the bond was forfeited by his most recent incarceration.

Can I still get conditional discharge even if I have completed PTI in the past? (over a year ago) in Greenville, SC.

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
Yes. A conditional discharge and PTI are two different things. Bear in mind you do not have a right to a conditional discharge. If you get one, consider it a gift.
Yes. A conditional discharge and PTI are two different things. Bear in mind you do not have a right to a conditional discharge. If you get one,... Read More
Legal Issue
South Carolina