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Tristan M Shaffer

Tristan Shaffer’s Answers

107 total


  • Can state or federal law add to a plea agreement after it has been signed and carried out?

    I entered a plea and signed it. While incarcerated, laws changed adding a penalty to my crime. At parole hearing, I was told that this is a condition of my release. Now, this law has become a condition for life. My understanding is that a plea is...

    Tristan’s Answer

    You need to talk to an attorney about this matter. I would be happy to consult with you for a fee, but you may want to talk to the attorney that represented you at trial. They might be able to help you out.

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  • If 2 charge is given consectivity 20&15yrs. Do that mean you have to do the whole 35?

    Robbery and aggravate assault./// 6 teenagers fought a guy and took his money and cellphone

    Tristan’s Answer

    Unfortunately yes. By default sc sentences are concurrent but if the judge ordered them consecutive he has a 35 year sentence. He will either do 85% or 51-65% of each sentence depending on the type of conviction. If they are already at scdc, go to the scdc cite search for his name. You will get a better idea of the projected release date. Off hand that seems like a harsh sentence (but I don't know the facts) if you are looking to challenge it please talk to an experienced appeal/Pcr lawyer. I practice statewide and would be happy to discuss it with you

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  • I was charged with Breach of Peace. Never read my rights. I was arrested and sent to jail for 6hrs before released on Bond PR.

    What can I do to prepare for my Court Date? Will I be sent back to jail and what does this mean for me. I was just waiting for my son in carpool line. Administrator walked near my care and told me to move. I did but also stating I'm tired of this....

    Tristan’s Answer

    Please clarify why you came back to the school and what is the alleged basis for beach of peace. If it is just I am tired of this that is not sufficient. you know I can never say jail will not happen but it will likely be a fine up to about $1100. But I would suggest contacting an attorney to fight it. If you win it will keep your record clean and you might have a claim against the cops and or school

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  • My wife and I have currently had the "sex card" thrown our way by my ex wife saying we touched my son. Can we sue??

    Went to a motion hearing and had my visitation suspended until the investigation is done. This is destroying our lives

    Tristan’s Answer

    You might, but honestly I would suggest contacting a criminal attorney. The attorney will likely say not to talk about it essepecially in this type of open forum. I would recommend you consult a criminal defense attorney immediately.

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  • Can I sue for malpractice after I had an epidural which was incorrectly done? I'm still having severe headaches and back pain.

    I was 38 weeks 6 days going into labor. When the anesthesiologist student attempted to place the needle in my spine she tried about 3 times until she realized she was inserting it in the wrong area removing it causing excess fluid to leak from my ...

    Tristan’s Answer

    You probably do have a claim. Although medical malpractice is a very complicated area so you certainly need a lawyer to assist you. I would be happy to meet with you in person for a free consultation.

    As a practical matter, two things are generally needed to sue a doctor for medical malpractice in this state 1) objective signs of negligence where another is doctor is willing to testify that your doctor messed up and 2) damages sufficient where it is worth the great expense of filing a medical malpractice suit. Many people that were likely injured as a result of there doctor's carelessness are unable to recover because they lack one of these two things.

    You should contact an attorney that deals with malpractice cases immediately. I would be happy to speak to you further about this matter at 575-0384.

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  • If the State took over Assault / Assault and Battery, No witness or evidence was in Court, Shouldn't the case be dismissed?

    My Husband was falsely accused of the charges stated above, The "victim" being a personal friend to the Officer who took a false report and then Issued a warrant. Went to court today there were no evidence nor did the "Victim" Show up for the Stat...

    Tristan’s Answer

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    Yes you need an attorney of you can not afford one request a public defender. It is not uncommon for victims to to show and the state getting continuances, but do not rely on it.

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  • My husband has a no no contact order for pointing and presenting a firearm at 3 neighbors he cannot return to his house

    he cannot go within 200 feet of the neighbors he didn't point and present it was what the neighbor statement says it is his first arrest and charge, he did have the gun but he was holding it while stating to the group of neighbor police harassmen...

    Tristan’s Answer

    I am assuming you mean the no contact order is a condition of his bond. He might want to try and resolve the criminal case ASAP.

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  • We get yearly royalties from a wind turbine.

    We are older and have a 17 month old. We have wills and medical. Currently we are using the royalties for paying off bills but plan on putting a decent amount away in two years but is there anyways we can insure the royalty contact will stay wit...

    Tristan’s Answer

    • Selected as best answer

    I am pretty sure of a way to do it. But to adequately address this question you would need to disclose your total assets. However, depending on how much you have, your question might be to complex for this forum.

    I am not an estate planning lawyer, but I know enough about it to say that at if you have substantial assets, you do not want to try an protect them on your own. Especially, in South Carolina because it is hard to protect your assets from creditors in this state.

    I would considered consulting an estate planning attorney. If you have would likely have an average size estate, I would contact Lana Jamrosyk in Charleston 843-868-1198. If you have more substantial assets, I would call Alex Weatherly in Columbia (803) 932-1277.

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  • Do I have a case fighting a speeding ticket in a zone that was altered down without a engineering and traffic investigation?

    I received a speeding ticket of 34 in a 25 when in reality I was ~40 just after crossing the 35 sign. I have a flawless driving record of 16 year and was pulled over in an apparent speed trap ~11:15 PM in a sleepy little town. Upon returning to in...

    Tristan’s Answer

    You can fight this but honestly it is probably not worth your time to research it or fight it. I hate to say that because I am somewhat of an idealist, but 1) you will likely lose and 2) even if you win it will likely be a pyrrhic victory when you look at the time you spent.

    The law basically says that traffic signs are presumed to be correctly placed when the DOT or their authorized agent places them there. So traffic studies are not required so long as the sign was placed there by DOT or an authorized agent of DOT (which includes any contractor).

    That being said, your argument could be used as a bluff. Very few cops have a good grasp on law that they don't use on a regular basis. After spending all of one semester as a student at Erskine, I seriously doubt that the Cops around Due West are up on laws governing DOT. (No offense I honestly love that area I just would don't think small town cops are up on DOT regulations).

    You should approach the cop and say "I understand you a just doing your job, but I don't believe that DOT should have placed that sign there. Is there anyway you can dismiss it. I have a spotless driving record and I really want to keep it that way. I know there is really no non moving charge that you can reduce it to so I am going to have to request a jury trial. As part of that I am requesting under rule 5, SCRCrimP and Brady v. Maryland that you provide me all DOT records concerning that area for the last however many years, and all accident reports arising from that area for the last however many years."

    The cop will look at you as if you are insane and will do one of two things, dismiss it or charge you with 40 in a 25.

    Don't waste your time with a FOIA. Look at www.sccourt.org > click on Court rules (all the way to the right middle of the page) > click on criminal tab > click on Rule 5. Google Brady v. Maryland. Send a written request for all documents you want pursuant to Brady AND Rule 5 to the cop. File a copy of the written request with the court.

    Good luck

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