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David F Stoddard
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David Stoddard’s Answers

569 total


  • Do you have to ask for a warrant to assist with a pick up order of child?

    We are filing a RTSC due alienation of my child in a ex parte motion. Once a judge hears our case will he place a warrant on that parent withholding child or do we ask in the motion

    David’s Answer

    Your motion should ask for whatever relief that you are seeking from the court. Normally, the court will not issue relief that is not requested in pleadings or motions.

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  • How can I protect my rights as an unwed mother in South Carolina for custody of my son?

    I live in south Carolina, I am wanting to know, how to protect my rights as an unwed mother. My sons father and I signed his birth certificate when he was born. Our son is 2 years old, although we lived together for the 1st year of our son's life,...

    David’s Answer

    In South Carolina, the mother of a child born out of wedlock has legal custody, and it would be illegal for the father to keep the child from you. That being said, the police to not always enforce this law and you may need to file a custody case to get the child back if this happens.

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  • Can they put a no contact order between co defendant husband and wife? And how can I get it changed?

    Husband accused of attempted robbery. Then arrested me for accessory after the fact. I have no prior arrests or anything. Judge put on my bond that I can't have any contact with my husband. Anything I can do to get that changed bc we have a child...

    David’s Answer

    The Judge can do this. However, I see no reason for such a no contact order in this case. If the bond was set by a magistrate, you could file a motion before a Circuit Judge to lift this restriction.

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  • Is it a bad idea to hire a criminal attorney who usually defends crimes to help build a case to hand off to a prosecutor.

    There is a very long pattern of harassment and impersonation however the individual(s) are masking their behavior through anonymity. I think they made a big enough mistakes now where they can be caught. Previously there have been 4 prior police...

    David’s Answer

    Usually, a private attorney cannot help get a case prosecuted. Prosecutors are lawyers, with a police force to investigate the crimes. It is difficult for a private attorney to match those resources unless you are wealthy. Some victims who are getting nowhere with the justice system hope a private attorney speaking on their behalf might persuade the police/prosecutors to take the case seriously. Normally, police and prosecutors are very confident in their own judgment and they perceive an attorney "lobbying" for charges to be brought as telling them how to do their jobs, which does not help.

    What you describe is somewhat different. You describe something that sounds like computer crime that is beyond the scope of what police normally investigate. It might help to have a lawyer or private investigator gather evidence to present to law enforcement. However, lawyers cannot just issue subpoenas for evidence. This must be done pursuant to discovery rules regarding a specific pending case. If you think you can get evidence with subpoenas, you might consider hiring a lawyer to bring a civil lawsuit against your suspect(s) and engage in discovery (most crimes are also grounds for a civil lawsuit). After discovery is concluded, if you have obtained evidence of a crime, you could share the information with police. This will be expensive and you should be prepared to spend tens of thousands of dollars at a minimum. Also, the lawsuit would have to be brought in good faith on its own merits. If it is brought for the purpose of gathering evidence for criminal prosecution, that could be considered abuse of process.

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  • What could he be convicted with and what is the amount of time? Could he be granted bond?

    My 17 yr old brother was arrested recently and is being held without bond.So far he's been hit with 14 counts of Larceny/breaking Into Motor Vehicle Of Tanks,pumps,where Fuel,lubricants Stored, 10 counts of Petit Larceny <$2,000, and 1 First Degre...

    David’s Answer

    He can seek to have a Circuit Judge review his case and set bond unless a Circuit Judge has already denied bond. I agree with all of the attorneys, he is seeking significant time - life in prison for burglary 1st. However, the good news is, for someone his age with no adult records, an attorney might be able to plea bargain to a few years, if not probation. He might even get a youthful offender sentence, or drug court , which results in dismissal of the charges if you complete the program. there is no guarantee of such an outcome, but it is possible.

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  • What would we have to do? What rights do we have? Who would have the right to get custody of them besides their mother?

    My husband and I have legal and physical temporary custody and guardianship of our god-children (legal custodians for 11 months). They were removed by DSS from their mother and placed in foster care before they came to live with us. The mother's ...

    David’s Answer

    You can hire an attorney to help you with an adoption. It will be easier if the mother and father both relinquish parental rights. That would be totally up to them. If the parents have willfully failed to visit the children for over 6 months or have willfully failed to visit the children for over 6 months, then you have grounds to seek termination of the parent's parental rights (TPR) and adopt without their consent. Also, if the children were removed form their care because of abuse or neglect (which I understand is the case) and the parents have failed to remedy the conditions that caused the removal within a certain amount of time (I think it is 12 months, but would have to look it up), that would also by grounds for TPR/Adoption.

    However, in addition having legal grounds for TPR, the court also has to find that TPR is in the best interest of the children. Some Judges will not terminate rights if the mother is making an effort to get her act together.

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  • Can I sue the district, if yes how, if no, why? Thank you

    A student hit me with a ball in class, after I have asked for an administrator to be in that particular class period at all time. Administrators tried to sweep it under the rug.

    David’s Answer

    In addition to the questions the attorneys have already posed, I would ask whether you were at the school as an employee. If so, your sole remedy may be to file a workers compensation claim. The good news there is that the school is automatically liable in workers comp for an injury that occurs in the course of your employment. The bad news is that you could not get damages for main and suffering, etc.

    If you were not an employee, the question is whether the school as negligent, or reckless, and whether this negligence or recklessness caused your injury. If the decision to refrain from putting and Administrator in the class involved the exercise of discretion, the SC Tort Claims Act may require that you prove more than simple negligence.

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