Often the first question the DUI defense lawyers at Futeral & Nelson get is what happens to a person’s driving privileges. There are two main parts to answering this question. The first part is the initial suspension that might occur depending on whether you gave a breath sample (“blew” into the machine) after you were arrested. The secon
As divorce lawyers in Charleston, South Carolina, clients frequently ask us what are the grounds for divorce in South Carolina. In South Carolina, there are five (5) grounds for a divorce: (1) adultery, (2) habitual drunkenness or narcotics abuse, (3) physical cruelty, (4) desertion for a period of one, and (5) one year’s continuous separation (w
Unfortunately, divorce in the United States happens on a regular basis. In 2014, divorces and annulments in the US occurred at a rate of 3.2 per 1,000 people. Divorce rates for people over the age of 50 doubled from 1990 to 2010. One of the biggest aspects of a divorce is addressing how to divide up property and money. In South Carolina, how proper
As divorce attorneys in Charleston, South Carolina, oftentimes our clients ask us whether they can start dating while they are separated from their spouse. Before you start setting up your profile on eHarmony or swiping through Bumble or Tinder looking for a match, it is important to know how dating during separation may impact your divorce in Sou
As divorce attorneys in Charleston, South Carolina, our clients frequently want to know who gets the house in a divorce. The short answer is that it completely depends on each case. The long answer can be a little complicated, but in this article, our family court lawyers take you through some of the considerations when dealing with a marital resid
In South Carolina, an injured person can file a personal injury claim against a drunk driver in civil court. However, what happens under South Carolina law to the bar, the tavern, the restaurant, or the liquor store that sold or provided alcohol to the driver before the crash? Many other states have dram shop and social host liability statutes that
Like many other states, South Carolina has child restraint laws to address concerns over children who may get injured in a traffic accident. South Carolina's child passenger safety (child restraint) laws apply to motor vehicles including passenger cars, pickup trucks, vans, or recreational vehicles. Last year, South Carolina changed its laws and
At Futeral and Nelson, our attorneys at Futeral & Nelson have used private investigators for a number of reasons over the years, including gathering evidence of adultery in divorce cases, serving papers in family court or civil cases, or interviewing witnesses in criminal cases. To utilize effectively the money you spend on a private investig
The criminal defense lawyers at Futeral & Nelson handle cases for people with special needs, intellectual disabilities, and mental illness. Some people who face these challenges are completely functional in society or are at least very high functioning. Others, however, really can’t distinguish right from wrong. Issues such as impulsivity a
As family law attorneys in Charleston, SC, we've been asked whether South Carolina is a community property state. The short answer is "no." However, South Carolina is called an “equitable division,” sometimes referred to as a “separate property,” state. In most long marriages, the split will not be far from 50/50. In shorter marriages, it i
As personal injury attorneys in Charleston, South Carolina, we order medical records and medical bills in just about every automobile accident or injury case we have. In this article, we explain the laws on medical records in South Carolina including whether a doctor has to give you your medical records, how to get your medical records, the cost o
One of the most exciting times of a teenager’s life is when he or she gets a driver’s license. This might also be one of the scariest times of a parent’s life! A teenager is subject to all of the same traffic laws as an adult and can receive citations or get into accidents, just like an adult. Training is important and required before a teen
Our trial lawyers at Futeral & Nelson are regularly involved in both circuit court (civil court) and family court lawsuits. In nearly every case, it is important to make sure we have the evidence necessary to prove or defend our case in the event it doesn’t settle and goes to trial. The exchange of evidence from other parties is called “d
Our Charleston divorce lawyers often get asked how to fill out a financial declaration form for a South Carolina Family Court. It can be time-consuming, and sometimes confusing, task. Other than the footnotes on the last page, there are no real instructions given anywhere to help with filling out this form.
We've helped hundreds of clients com
“What should I do when my child doesn’t want to go visit the other parent?” As a divorce attorney in Charleston, South Carolina, that is one of the toughest (and most heartbreaking) questions I get asked by some clients. When a child refuses to visit with a parent, this scenario (1) prompts distrust and suspicion between the parents, (2) crea
As criminal defense attorneys in Charleston, South Carolina, we've helped clients who had an outstanding warrant for their arrest in South Carolina. If there’s a warrant out for you and you get stopped for a minor traffic violation, you could get arrested on the way to an important meeting and have your car impounded. Depending on when you get ar
As criminal defense attorneys in Charleston, South Carolina, we've defended people who've been arrested for possession of cocaine, distribution of cocaine, and trafficking cocaine. In this article, we'll explain South Carolina's cocaine laws and the criminal penalties involved with cocaine.
Possession of Cocaine in South Carolina
Possession of co
As criminal defense attorneys in Charleston, South Carolina, our lawyers deal with the defense of arson charges. In South Carolina, a conviction for arson can result in serious consequences including jail time and other penalties. In this article, we explain what is the crime of arson in South Carolina and the penalties for arson.
South Carolina's
As attorneys in Charleston, South Carolina, we deal with both criminal defense and auto accident cases that involve texting while driving. Texting while driving is very dangerous because text messaging takes the driver's visual, manual, and cognitive attention away from the task of operating their vehicles.
What are the Texting and Driving Laws i
Over the years, our criminal defense attorneys in Charleston, South Carolina have defended people who have been charged with burglary. In South Carolina, there are different "degrees" of burglary that have different penalties for each. Some of these burglary degrees depend on factors such as whether the burglary was committed in the nighttime or
Our Charleston criminal defense lawyers deal with criminal domestic violence cases in family court and criminal court. In other words, we’ve defended persons accused of criminal domestic violence and have helped victims of CDV. In 2015, our law was changed, and now most prosecutors and criminal defense lawyers refer to the cases simply as Domes
As a nursing home abuse lawyer in Charleston, South Carolina, I've dealt with some heartbreaking cases involving abuse and neglect of the elderly and disabled. Unfortunately, incidents of nursing home abuse and neglect occur far too often in South Carolina and the Charleston area including a woman who was found dead in a James Island marsh after
Often, the family lawyers at Futeral & Nelson are asked whether someone trying for child support can get back support. This situation happens in a couple of different ways. One example is where a child support was awarded earlier in the child’s life, and then the parent receiving support wants to increase it because they found out the parent
As lawyers in Charleston, South Carolina, we represent our clients in civil and criminal jury trials. Serving on a jury in South Carolina is an important role in our judicial system. In this article, we examine exemptions for jury duty, disqualifications from jury duty, voir dire of potential jurors, and other things you need to know about servin
As Divorce Attorneys in Charleston, we deal with the division of marital assets. Sometimes couples split up while one of them has a pending claim resulting from an auto accident, workers compensation injury, or some other type of personal injury claim. Other claims may be on the table as well, such as a case for wrongful termination of employment
As DUI defense attorneys in Charleston, we frequently get questions from lawyers in other states when a South Carolina resident gets a DUI in another state. They want to know what will happen to the person’s driver’s license in South Carolina because that is usually more important than what the person’s home state does before agreeing to a
As family law attorneys in Charleston, we’re often asked about the rights of grandparents in divorce, visitation, and custody cases in South Carolina. Sometimes, one of the parents dies, and the other parent withholds the child from his or her in-laws. Sometimes, the grandparents have a falling out with their own child and are not allowed to see
The Department of Social Services (DSS) serves multiple purposes in South Carolina. Perhaps the most well known service is for the protection of children who have been abused or neglected. This process can be complicated to understand, so here, our Charleston family lawyers and DSS defense attorneys explain the basic process of a DSS case and certa
Some of the most common assets our divorce attorneys in Charleston we see when dividing a marital estate during a divorce include retirement accounts. Many employers offer these types of accounts as an employment benefit, or couples sometimes start these accounts themselves. They offer tax benefits for those who have extra money to save. Divorcing
Oftentimes, our divorce lawyers in Charleston deal with cases where both spouses have lived in South Carolina for years. In these family court cases, it’s clear that South Carolina is the proper state for filing the divorce. However, sometimes the other spouse lives in another state. In these cases, it’s important to understand the laws that de
As Charleston divorce attorneys, we've dealt with cases involving common law marriage in South Carolina. South Carolina is one of the few states that still recognizes a “common law” marriage even though the couple didn't have a ceremony or get a marriage license. In this article, our Charleston divorce lawyers explain what is common law marri
When someone is arrested, our criminal defense attorneys in Charleston, South Carolina usually get a call from the arrested person’s husband, wife, boyfriend, or girlfriend. It’s typical for these callers to be stressed and confused when the person they care about is sitting in jail. They want to know how they can see or speak to their friend o
I’ve been a divorce lawyer in Charleston, South Carolina for over 20 years now and I have handled the division of marital assets including homes. Prior to 2008, property values were soaring, people built financial equity swiftly, and homes sold quickly during a divorce. When the recession hit in 2008, Ben Bernanke, the former head of the Federal
A common question asked of our lawyers in Charleston is whether a person has the right to cut a neighbor's tree branches that hang over their property line. Although this question seems simple, the answer isn't because South Carolina has no law that authorizes you to cut your neighbor's overhanging tree limbs. However, there are statutes that may
As a divorce lawyer in Charleston, South Carolina, I've had clients tell me that another lawyer ripped them off during their divorce by overcharging them. Besides what I hear from clients' past experiences with other divorce attorneys in Charleston, I've had cases where I suspect that the other divorce attorney may be overcharging their client. Ove
As a former member of the armed forces and a military divorce attorney in Charleston, it’s been my privilege to help mothers and fathers who face challenges in custody and visitation because they’ve been deployed for duty. Because members of the armed forces can be deployed, relocated, or stationed in another state or a hostile location overs
[fusion_builder_container hundred_percent="no" equal_height_columns="no" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" parallax_speed="0.3" video_mp4="" v
As a lawyer in Charleston, South Carolina, I’ve spoken to the press on many occasions and I’ve appeared on TV interviews. More often than not, I'm commenting on some case or legal issue, but not about my own clients.
When fellow Charleston attorney David Aylor took on the high-profile case of North Charleston police officer Michael Slager,
As injury attorneys in Charleston, South Carolina, we’ve helped families who’ve lost a loved one in an accident. In South Carolina, there are two separate legal claims that can be brought when someone dies in an accident. The first type of claim, a wrongful death action, compensates the survivors and beneficiaries of a deceased for their loss.
As criminal defense attorneys in Charleston, South Carolina, we’ve helped people who’ve been charged with an open container (of alcohol), public intoxication, and disorderly conduct charges. The reason why we mention all three charges is that these offenses seem to go hand-in-hand with drinking in public. Many outdoor social gathers, such as co
Although it’s illegal in South Carolina to sell alcohol to someone who is under 21 years old, kids still find access to it. Unfortunately, they sometimes drive a vehicle after consuming alcohol. For drivers under 21, they can be charged under South Carolina’s Zero Tolerance Law or under traditional DUI laws. In this article, our DUI defense la
Our criminal lawyers in Charleston regularly review driving records and help our clients make decisions based upon their past driving records. We’ve noticed that many folks don’t fully understand what the driving points system in South Carolina means. For example, many people think that the number of points on their records will determine their
Our defense lawyers in Charleston, South Carolina have helped people who've forgotten that they’ve left a handgun or firearm in their carry-on luggage while going through airport security at Charleston International Airport, Myrtle Beach International Airport, Columbia Metropolitan Airport, and others. If this happens to you, then besides facin
As criminal defense attorneys in Charleston, South Carolina, we’ve dealt with cases where law enforcement searched our client’s home without a warrant. Generally, the Fourth Amendment protects your privacy by requiring police officers to obtain a warrant before they can search your home in South Carolina. Even if the police have "probable cause
As juvenile justice lawyers in Charleston, we’ve helped children who’ve been accused of committing a crime in South Carolina. In South Carolina, a minor who is taken into custody is treated differently than an adult. For example, instead of going through adult criminal court, juveniles go through the South Carolina Juvenile Justice System. In
As I drive through my neighborhood, I notice that more and more of my neighbors and their children are driving golf carts. On one occasion, I saw a neighbor take his golf cart out of the neighborhood and down on a busy highway as he tried to reach another neighborhood. What my neighbor and many others don’t realize is that there are specific law
As traffic lawyers in Charleston, South Carolina, we’ve helped drivers who’ve lost their license because the Department of Motor Vehicles (DMV) declared them to be a Habitual Traffic Offender (“habitual offenders”). The consequences of being designated as a habitual offender in South Carolina can be devastating especially because you can
As DUI defense lawyers in Charleston, we’ve been asked questions about the Ignition Interlock Device (IID) Program in South Carolina. The IID Program is part of “Emma’s Law” that was enacted in October in 2014 and revised June 2015. A significant part of this law concerns the use of Ignition Interlock Devices for certain people convicted
As a family lawyer in Charleston, South Carolina, I've listened to the frustrations of many divorced parents who are dealing with a passive-aggressive parent. In my experience as a divorce lawyer, passive-aggressive behavior is one of the most common problems divorcing parents experience. Unfortunately, a passive-aggressive parent turns mundane, r
As a lawyer in Charleston, I’ve helped many clients in South Carolina’s Small Claims Court. Having said that, Small Claims Court (also known at Magistrate’s Court) is designed to make it easier for people handle their legal claims without the expense of hiring an attorney. This article explains how to handle yourself in Small Claims Court and
I've been a lawyer in Charleston, South Carolina for over 20 years now. Naturally I know at lot of them and deal with them every day. Of course, I also deal with many folks who aren't exactly fond of lawyers. Some of you may like them, many of you may loathe them, and all of you would rather not deal with them. Lawyers are constantly criticized by
As criminal defense attorneys in Charleston, South Carolina, we deal with cases involving forfeiture of assets which is when law enforcement seize money and property concerning drug-related and other crimes. Although many people refer to this as "criminal forfeiture," it actually is "civil forfeiture" because it takes place in civil court. In this
In South Carolina, law enforcement may briefly stop drivers at a checkpoint or a roadblock for the limited purpose of verifying a driver's license, vehicle registration, and proof of insurance. Also, authorities may set up checkpoints to detect drunk drivers. However, in every case involving an arrest for a DUI at a checkpoint, the prosecution m
As child custody lawyers in Charleston, South Carolina, we deal with cases where one parent turns the parties’ children against the other parent. Many refer to these acts poisoning of a child’s relationship with a parent as Parental Alienation Syndrome (PAS). This article examines what is PAS, whether PAS is recognized by South Carolina’s fam
As divorce attorneys in Charleston, we know that custody disputes can be among the most difficult cases for a Charleston divorce lawyer to handle. Many of our clients want to know whether their child or children can choose which parent to live with in South Carolina. The answer is more complicated that a straightforward “yes” or “no.” In So
As divorce attorneys in Charleston, South Carolina, we deal with cases involving allegations of adultery (or other martial misconduct such as physical abuse) and the defense of “condonation.” As discussed in more detail in our article about the impact of adultery in South Carolina (click here to read), adultery is not only a ground for divorce
Our Charleston divorce lawyers run into situations where a client is ordered to pay attorney’s fees to the other party. In South Carolina, the family court is supposed to looks at 4 factors in determining whether to award fees to one party: (1) each party’s ability to pay his or her own fees, (2) the respective financial condition of each party
So you’ve prepared for court and you’ve got all of your legal ducks in a row. Then the day comes that you find yourself standing before the judge. Justice will be served this day, and your client will be in awe of your legal prowess! But before you open your mouth to say “may it please the court,” the judge launches into a tirade of critic
My wife and I love animals. I guess that’s why we have 5 dogs (2 of which are therapy dogs), one cat, and a powerful vacuum cleaner! As a lawyer and a pet owner, clients have asked me about claims of veterinary malpractice or about other claims for injuries caused by others to pets. This article covers how South Carolina law treats these types of
As divorce lawyers in Charleston, South Carolina, we've handled cases where a spouse files for bankruptcy. Bankruptcy law doesn't require a married couple to file jointly. In other words, your spouse can file without you and may leave you "holding the bag" when it comes to your marital debts and other liabilities. This article explains the impact
As an employment lawyer in Charleston, South Carolina, I’ve helped people who’ve lost their job for missing time from work for medical leave. Employers in South Carolina are subject to the federal Family and Medical Leave Act (FMLA) that allows eligible employees to take unpaid leave, with the right to be reinstated to their job, for certain re
As an employment law attorney in Charleston, South Carolina, I’ve represented pregnant women who’ve been discriminated against by employers. Even in today’s modern workplace, pregnancy discrimination still exists. That is why, in 2014, the Equal Employment Opportunity Commission updated its guidelines against pregnancy discrimination to make
Over the years, our DUI defense lawyers in Charleston have handled many cases involving an auto accident. Under South Carolina law, Section 56-6-6170, "no police officer in investigating a traffic accident shall necessarily deem the fact that an accident has occurred as giving rise to the presumption that a violation of the law has occurred." Yet,
As divorce lawyers in Charleston, South Carolina, we regularly deal with situations of abuse between spouses. Many of these cases involve criminal domestic violence and Orders of Protection in family court. In this article, we discuss how physical abuse (physical cruelty) can be a ground for divorce in South Carolina and what other effects physica
As criminal defense attorneys in Charleston, SC, we frequently go to preliminary hearings (sometimes called a "probable cause" hearing) for our clients. In South Carolina, any person arrested in South Carolina for a felony (and some misdemeanor charges) has a right to a preliminary hearing. If you don't request the hearing within ten days of receiv
As divorce lawyers in Charleston, South Carolina, we often deal with claims for legal fees in family court. South Carolina's family court judges have the ability to award attorney’s fees to one party in most family court cases. Whether the issues are custody, divorce, contempt, or nearly anything else, attorney’s fees are on the table. What
Because the attorneys of Futeral & Nelson, LLC are both criminal defense and family court lawyers, we've helped clients get restraining orders or family court orders of protection in Charleston, Dorchester, and Berkeley Counties. In this article, we answer some of the most common questions people ask lawyers about restraining orders and orders
As false imprisonment lawyers located near Charleston, South Carolina, we've written this article to educate consumers and shoppers about their rights when they're falsely accused of shoplifting or theft. For example, imagine you're shopping in Wal-Mart, you buy a bag of Doritos and a Coke, and a security guard stops you in front of other customer
Our Charleston DUI lawyers defend drivers from losing their commercial driver’s license (CDL) as a result of a DUI or a traffic ticket. We know that the inability to drive for any length of time can ruin a commercial driver’s finances whether you’re from South Carolina or you have a CDL from another state. If you’ve been stopped on I-26, I-
As Charleston family lawyers who handle name changes, we're often asked about how to change a name (or my child's name) in South Carolina. Legal name changes generally fall in one of three categories: (1) resuming a maiden name after a divorce; (2) changing an adult's name; or (3) changing a child's name. In this article, we explain all three.