Stephan Victor Futeral’s Answers

Stephan Victor Futeral

Mount Pleasant Divorce / Separation Lawyer.

Contributor Level 13
  1. Could i be summoned for dui if police didn't do sobriety test?

    Answered 11 months ago.

    1. John A. Jackson
    2. Stephan Victor Futeral
    3. Christian K. Lassen II
    4. Dale Martin Savage
    5. Andrew Daniel Myers
    6. ···
    6 lawyer answers

    In my professional experience, if they intended to arrest you for DUI, they would have done so on the night of the incident. Assuming that they do arrest you, under SC law they had to give you a breath test first. They could only take a blood test if you were unconscious or otherwise couldn't physically give a breath sample (for example, if your mouth was injured). I have attached a link to an article regarding blood samples in DUI cases.

    10 lawyers agreed with this answer

  2. What is settlement amount I should Start at?

    Answered about 2 years ago.

    1. Stephan Victor Futeral
    2. Ryan S Montgomery
    3. Robert A. Stumpf
    4. David Alan Wolf
    5. David McCormack
    5 lawyer answers

    In South Carolina, you are entitled to compensation for various different forms of damages including those that are tangible, such as lost wages and medical bills, and those that are intangible, such as pain and suffering and loss of enjoyment of life. There is no precise way to value a personal injury case. For example, value can depend on which venue you are in. The same injury case in Hampton County, SC is typically worth more than in Charleston County, SC because the potential jurors in...

    6 lawyers agreed with this answer

  3. Couple has been separated over a year, can adultery be claimed on someone who has been identified as positively pregnant?

    Answered 11 months ago.

    1. Stephan Victor Futeral
    2. Alexandria Broughton Skinner
    3. Jeffrey Michael Schreiber
    3 lawyer answers

    Yes. He can still claim adultery and seek and divorce on those grounds.

    5 lawyers agreed with this answer

  4. Can a minor refuse a breathalyzer test?

    Answered about 1 year ago.

    1. Ethan Patrick Meaney
    2. Stephan Victor Futeral
    3. Jonathan Brooks Davis
    4. Anthony Michael Solis
    5. Christopher Daniel Leroi
    6. ···
    7 lawyer answers

    Yes, a minor can refuse a breath test. Assuming this minor is old enough to drive, the minor's license will be suspended for refusing the breath test just as it would be for an adult driver.

    5 lawyers agreed with this answer

  5. Can my husband get PreTrial Intervention if he is charged with possession of weapon while committing a violent crime

    Answered about 2 years ago.

    1. Stephan Victor Futeral
    2. David F Stoddard
    3. James Regan
    3 lawyer answers

    No. PTI is a Diversionary Program designed for first-time offenders of non-violent crimes. This system allows the defendant to be diverted from court and enter into a program consisting of counseling and guidance, community service work, and restitution. Successful completion of the program requirements will allow the defendant's arrest record to be expunged (destroyed). The goal of this program is to give first-time offenders a second chance. Offenders may participate in this program only one time.

    5 lawyers agreed with this answer

  6. I was arrested for kidnapping, CDVHAN, and possession of weapon during violent crime. I have no prior record. Waiting for DA to

    Answered about 2 years ago.

    1. Stephan Victor Futeral
    2. J. Michael DeTreville
    3. David F Stoddard
    4. Harry Edward Hudson Jr
    5. Charles Joseph Michael Candiano
    5 lawyer answers

    There really no way to answer your question without knowing all of the details of the charges against you. Even knowing your side of the story, your question cannot be answered without engaging in discovery to review the prosecutors file, the evidence against you, and whether law-enforcement followed proper procedures in making an arrest. If you don't have a lawyer, then you should hire one or ask the court to appoint one for you.

    5 lawyers agreed with this answer

  7. I am an unwed mother and I live in SC, and my sons dad is in NY. What does a typical custody agreement look like?

    Answered 9 months ago.

    1. Stephan Victor Futeral
    2. Robert J Adams Jr.
    2 lawyer answers

    If your son has resided here in SC for six months or more, then SC has jurisdiction to decide matters of custody and visitation. As to whether you get full custody, that depends on many factors including who has been the primary caretaker for your child. As for visitation, assuming there are no issues with the father (such as drug use, living with a woman he isn't married to, etc.), then he will get to see the child on a regular ongoing basis. Because you are in two states and your child is...

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  8. What order/motion must be filed to stop your spouse from doing unethical things & leaving the marital state with your children?

    Answered 11 months ago.

    1. Stephan Victor Futeral
    2. Jeffrey Michael Schreiber
    3. Dale Martin Savage
    4. David Michael Smith
    4 lawyer answers

    The first thing that needs to happen is to file for a temporary hearing requesting a temporary order granting you visitation with your children, restraints against harassment, restraints against disposing of your assets, and a restraint against relocating your children to another state.. Without a temporary order in place, you have no protection. I have attached a link that explains in detail what a temporary hearing is. If they are actually getting ready to move, you need to act QUICKLY. It...

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  9. Can i stop my exes weekend visits

    Answered 12 months ago.

    1. Stephan Victor Futeral
    2. Jeffrey Michael Schreiber
    3. John A. Jackson
    3 lawyer answers

    If your child has resided in South Carolina for six months or more, then SC has jurisdiction over issues regarding visitation. You can visit South Carolina Legal Services for information about getting a lawyer to help you. As for suspending visitation, that is a possibility. The court may order him to take and pass drug tests before he can visit with your child again.

    4 lawyers agreed with this answer

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  10. My niece is pregnant & wants me to take custody right after birth. Said she can't handle 3 kids financially how can we do this?

    Answered about 1 month ago.

    1. Stephan Victor Futeral
    2. Kevin Michael Seibert
    2 lawyer answers

    In order to do this without things falling apart later, you will have to seek a family court order to make things official. How easy or difficult this may depends on the father's stance. As the biological parent, he has a paramount right to custody as does the mother. If the father consents, then you along with both parents will need to appear in family court to seek an order giving you physical and legal custody of the child. Without this court order, you will find it challenging to seek...

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