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

Recent Legal Answers

I need to get the evidence the police have in my traffic charges

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Traffic Violations
It's referred to as a Rule 5 or Brady Request. The prosecution must provide you with with access to all evidence against you in a criminal case regardless of whether or not the information is helpful to their case against you.
It's referred to as a Rule 5 or Brady Request. The prosecution must provide you with with access to all evidence against you in a criminal case... Read More

What can I legally do on a severe case of assault on school grounds?

Answered 10 years and 11 months ago by Paul De Holczer (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
The only thing you need to know is that you need to see an attorney as soon as you can.
The only thing you need to know is that you need to see an attorney as soon as you can.

how long can my juvinile be detained on accusation before solicitor presents evidence

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
If the solicitor had no evidence against your child, then he/she would not have been arrested in the first place. The solicitor must have an arrest warrant backed by probable cause. If not, you proably have a pretty good civil action against the state.
If the solicitor had no evidence against your child, then he/she would not have been arrested in the first place. The solicitor must have an arrest... Read More

should i keep court appointed or hire own judge wants to give me 6 mons DOC

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
If you could afford your own attorney you probably would not have been appointed a public defender.
If you could afford your own attorney you probably would not have been appointed a public defender.

why was I read my miranda warning and didn't get arrested??

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
An officer is required to inform you of your Miranda rights prior to interrogation although few do. Anything you tell the officer after being Mirandized is admissible as evidence. The officer is not required to arrest you.
An officer is required to inform you of your Miranda rights prior to interrogation although few do. Anything you tell the officer after being... Read More

If I settle for an offer for a wrongful death case through mediation can I change my mind? How much time do I have after the offer to change my mind?

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Personal Injury
That depends if the mediation is binding. Usually mediation is not, while arbitration is binding. Whatever the case, you should not accept a settlement unless you are 100% certain it is what you want.
That depends if the mediation is binding. Usually mediation is not, while arbitration is binding. Whatever the case, you should not accept a... Read More

Is a assignment of benefits legally binding?

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Automobile Accidents
If the assignment of benefits is a contract, then it may be legally binding. However there are ways to defeat a contract (i.e. signed under duress, not competent, etc.).
If the assignment of benefits is a contract, then it may be legally binding. However there are ways to defeat a contract (i.e. signed under duress,... Read More

i have never been arrest dont know what can i do to get charges dropped

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
There is nothing you can do to have the charges dropped. That is in the sole discretion of the prosecutor.
There is nothing you can do to have the charges dropped. That is in the sole discretion of the prosecutor.

is my gf going to spend alot of time in jail

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
It is most likely a misdemeanor puinishable by not more that 30 days and/or $1000. She could also request PTI.
It is most likely a misdemeanor puinishable by not more that 30 days and/or $1000. She could also request PTI.

my lawyer sent me consent forms for a case against Gm. Does it mean he will settle

Answered 11 years ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Personal Injury
Why don't you ask him?
Why don't you ask him?

Can I sue for the trauma this caused me and my granddaughter?

Answered 11 years ago by Paul De Holczer (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
The answer to your question is that, with the facts that you have supplied, you probably do not have a cause of action for which you or your granddaughter can sue and recover. If you were arrested or charged for Driving Under the Influence, and you were not intoxicated, you will want to consult a local attorney who can defend you in a criminal matter. To find such an attorney, you can search the internet or you can call the South Carolina Bar Lawyer Referral Service.... Read More
The answer to your question is that, with the facts that you have supplied, you probably do not have a cause of action for which you or your... Read More

Can you be arrested two weeks after police catch you with Prescption pills

Answered 11 years ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
Yes. There is no statute of limitations on criminal violations. However, if she has a prescription for the drugs it shouldn't be too much trouble to have the charges dismissed.
Yes. There is no statute of limitations on criminal violations. However, if she has a prescription for the drugs it shouldn't be too much trouble to... Read More

How/When to file for motion to dismiss?

Answered 11 years ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
The fact that you were not issued a speeding ticket in and of itself is not grounds for dismissal. Grounds for dismissal would be a 4th Amendment violation (illegal search and seizure).
The fact that you were not issued a speeding ticket in and of itself is not grounds for dismissal. Grounds for dismissal would be a 4th Amendment... Read More

what is a hold harmless agreement

Answered 11 years ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Automobile Accidents
It is essentially an agreement whereby you agree to hold someone or something harmless (in other words you will not sue them). 
It is essentially an agreement whereby you agree to hold someone or something harmless (in other words you will not sue them). 

What will filing for a bankruptcy do to my taxes?

Answered 11 years ago by Richard N. Gonzales (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Bankruptcy
Assuming you filed tax returns, income tax liability is dischargeable three years after a timely filing, and two years after a late filing. You also have to wait 240 days after an "assessment" by the IRS (i.e., an audit). There are a few other rules that come into play, so you must be very careful. Pay an experienced lawyer for an hour of their time to get the answers you need.... Read More
Assuming you filed tax returns, income tax liability is dischargeable three years after a timely filing, and two years after a late filing. You also... Read More

what elements must be proven according to south carolins law for a defendant to be convicted on the charges of aemed robbery attempted murder,kidnappi

Answered 11 years ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
If you are asking this as a defendant, then you are asking the wrong question.
If you are asking this as a defendant, then you are asking the wrong question.

In a traffic stop where a k9 is used can you be charged with anything not related to drugs?

Answered 11 years ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
Interesting question. It sounds like a law school hypothetical. If the officer observed you commit a traffic violation then he may detain you. The K9 sniff is tantamount to a "plain view" inspection. If the K9 (let's just call it a dog) alerts, then the officer will have reasonable suspicion to detain you beyond what is necessary for the traffic stop and may search the vehicle without your consent. Your best defense is to show you were wrongfully detained and your 4th Amendment rights were violated.... Read More
Interesting question. It sounds like a law school hypothetical. If the officer observed you commit a traffic violation then he may detain you. The K9... Read More

Does one sibling need approval from the other parties when incurring expenses if property is jointly owned by 4 siblings?

Answered 11 years ago by David B. Greene (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, if 4 parties own the property as joint tenants, each has a right to participate in decisions about the property.
Yes, if 4 parties own the property as joint tenants, each has a right to participate in decisions about the property.

can i testify i have been subpoenaed against my girlfriend lastyear bc she cut me not deep but she was charged with cdvhan

Answered 11 years ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Domestic Violence
What is the point in testifying that you have been subpeonaed? Your very presence at court will be proof that you were served.
What is the point in testifying that you have been subpeonaed? Your very presence at court will be proof that you were served.

when a case is dismissed by the judge because the officer did not show up when it was called and then at the last minute does can the case be reopened

Answered 11 years ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
Once a case is dimissed it can be reopened at the discretion of the judge by filing a motion with the court.
Once a case is dimissed it can be reopened at the discretion of the judge by filing a motion with the court.

How long does it take until the children can be listed as dependants?

Answered 11 years ago by Ronald K. Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Taxation
No one is allowed to list a child as a dependent unless they lived at least 6 months with the adult. However, there is not much that can be done about 2010 taxes forms at this late date. Usually, three years after they are filed tax forms are final and can't be changed (April 15, 2011 plus 3 years was April 15, 2014).... Read More
No one is allowed to list a child as a dependent unless they lived at least 6 months with the adult. However, there is not much that can be done... Read More

If a defendant is charged with the murder of a missing person and never took a polygraph but the missing person's family took them are the results fro

Answered 11 years and a month ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Criminal Law
What is the question?
What is the question?
Legal Issue
South Carolina