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Frequently Asked Questions



What should I do if I am involved in a traffic accident?

If you’re involved in a traffic accident, the first thing you need to do is contact law enforcement for proper investigation of the accident. Next, if you’re seriously injured you need to call an ambulance. Then, we ask that you take pictures of your vehicle and the other vehicle(s) involved. Finally, we ask that you call an attorney.  At the Chandler Law Firm, we offer free consultations in auto accident cases.



How long will my auto accident case take?

In auto accident cases, the severity of the injuries determines the length of the case. Soft tissue injury cases normally can settle in a matter of six months (as long as it takes for treatment from a physical therapist or chiropractor).  More and more of our most serious cases sometimes take years to resolve.


 


Does the Chandler Law Firm handle both felonies and misdemeanors?

The Chandler Law Firm handles both felony and misdemeanor charges, as well as federal criminal charges.



What do I do if a loved one is arrested?

If a loved one is arrested, the first thing you should do is contact an attorney.  An attorney can be instrumental in having them released on bond.  Normally, the attorney will represent them in bond hearings.  If the bond hearing has already happened, the attorney can negotiate the bond and allow the person to be out home free until their case is resolved.



How long will my case take?

When someone is charged with a crime, the severity of the crime will determine how long it takes for the case to be resolved.  Most misdemeanor charges are resolved within months, but some of the more serious felony charges can take years to be resolved.



How are juveniles prosecuted?

Juveniles are prosecuted in family court and it is not in the same manner as adults.  The goal of the juvenile crime adjudication or conviction is rehabilitation, with adults the goal is punishment.



How do I find out if there is a warrant for my arrest?

If someone believes that they have a pending arrest warrant the safest thing for them to do is contact an attorney.  The attorney will be able to contact all of the local agencies and determine if there is, in fact, a warrant.  If there is a warrant, the attorney will be in a better position to schedule a bond hearing, to schedule a turn in and to maximize the likelihood the person will be released after being charged.


 


Can addiction be a defense to a crime?

Addiction is never a defense to possession of drugs or distribution of drugs.  However, if a person is addicted, that would give us other opportunities to resolve their case through drug court or pretrial intervention or other intervention programs that will allow someone to not be prosecuted fully for the crime.


 


What happens if I am arrested for DUI/DUAC?

When someone is arrested for DUI/DUAC, normally law enforcement would take them in to offer a breath sample.  The inference level for impairment is .08 in the state of South Carolina.  If your blood alcohol is .08 or higher it is likely that you will be charged with driving under the influence.  If you are arrested for driving under the influence charge you really need to contact an attorney.


Can I be guilty of drunk driving if I only had one drink?

A person cannot be charged or be guilty of drunk driving just because they had a drink.  In the state of South Carolina, a person can only be charged with driving under the influence if their ability to operate the motor vehicle is materially and appreciably impaired as a result of either drugs or alcohol.  It is not about the amount you drink it is about whether or not you are impaired.


Can I get my license back once it is suspended?

There are a number of opportunities to get your license back if it is suspended, whether it’s for failure to offer a breath test, or because you blew a high blood alcohol level.  Contact a lawyer because time is very sensitive. Normally you have 30 days to request either a restricted license or a temporary alcohol license.


Can I refuse a breathalyzer test?

If you refuse the breathalyzer test you will immediately be arrested and your license will be suspended.  However, there is the opportunity for you to have a temporary alcohol license so you’re able to drive if you request an administrative hearing.  During that administrative hearing, if in fact, they uphold the refusal, then you would need a device in order to start your vehicle.


 



What is personal injury law?

Personal Injury law covers when anyone is injured, hurt or harmed by the act of another - which could cover anything from a simple slip and fall to a wrongful death auto accident claim.


What is a slip and fall case?

Slip and fall cases occur when someone is invited onto a property and (because there is a hazard that the owner of the premises knows about or failed to correct) somebody slips, falls and injures themselves.  We treat slip and falls like we do all personal injury cases - we contact the insurance company that’s responsible for the premise and we send our clients for treatment.  At the completion of their treatment, we request and/or demand funds to cover not only their lost wages and their injury, but also any future medical bills that they may have.


 



What are my rights as a worker?

When someone is injured on a job the first thing the employer has to do is report the injury to the South Carolina workers compensation commission.  Then they have to make sure that you receive treatment, and (if you are out of work) that you receive disability payments, and ultimately, they are to make sure that you receive compensation for any permanent injury.  However, it doesn’t always happen so when someone is injured on the job the first thing they need to do is contact an attorney.


What kinds of injuries are covered?

In workers compensation, all injuries to all body parts are covered.  In fact, there’s a value to each and every body part under the state workers compensation code. A person who is injured while on the job is entitled to temporary total benefits -which is a check for lost wages. They are also ultimately going to be entitled to any permanent damage they have to any body part.


What are my employer’s obligations if I am injured at work?

In the state of South Carolina workers are entitled to have all of their treatment paid for by their employer.  If the injury requires that they're out of work they are also entitled to 2/3 of their average weekly wage, which includes overtime that they would normally work.


 

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