Case Results in Winston-Salem and the surrounding areas
Disclaimer: The facts and circumstances of each case are different as such each case must be evaluated upon the unique circumstances and facts. The results summarized here are not necessarily representative of the results obtained in all cases.
Mother Wins Third-Party Custody Battle in Forsyth County
Winston-Salem Family Law Team Type of Case: Third-Party Custody Case Result: Opposing party's claim for custody dismissed County: Forsyth County Our family law team recently helped a woman fight for custody of her child after being incarcerated for six years. While incarcerated, the woman's cousin attempted to take custody of her child. The cousin hadn't been in the child's life for very long. Yet, she refused to give the child back to the mother after the mother's release from prison. Our client, the mother, had worked extremely hard during and after her incarceration towards her rehabilitation. She wanted to make a better life for her and her child, and she was not about to give up that easily. So she reached out to our family law team for guidance on a third-party custody case. Third-Party Custody in NC Our team knew the mother could potentially lose her constitutionally [...]
Third-Party Granted Emergency Custody in Forsyth County
Type of Case: Emergency Custody Granted to Third-Party Case Result: The client was given exclusive legal and physical custody of both children. The opposing party was not given any visitation at this time. County: Forsyth County A client rushed to retain our firm for help getting two children back in her custody immediately. Our family law team, which handles emergency custody cases regularly, quickly met with the client and proceeded to file an emergency ex parte custody motion with the court. But, not before overcoming a few legal challenges along the way. Visitation Goes Wrong The client had been granted Intervenor status. She had cared for the children full-time in her home as their primary caregiver for the past two years. The opposing party, in this case, was the biological mother who had an existing visitation schedule with the children. During the last visitation, the mother took the [...]
Father Attains Child Support with 50/50 Custody
Winston-Salem Family Law Team Type of Case: Child Support Case Result: Father Granted Child Support with 50/50 Custody County: Forsyth County Our attorney recently represented a father in a child support case in Forsyth County. The client held 50/50 custody of his children and now needed Erica's help in getting a fair child support arrangement. Months before the two parties even separated, our client took medical leave from his job while he had shoulder surgery. The parties then separated and our client did not go back to his job after medical leave. Going back meant he'd have to work 2nd shift from 3:00 pm to 2:00 am without anyone to care for his children. So he was forced to take a different job making less money. Accurately Imputing Income for Fair Child Support Although he no longer worked there, the county was trying to impute the first, higher-paying [...]
Stokes County DWI Charge Dismissed
Stokes County DWI Charge Dismissed After Trial Strategy Success A client approached our Winston-Salem legal team with a Stokes County DWI charge. On the second court date, DWI attorney informed the State that the Defense was taking the case to trial. The trial grounds were contesting that the State Crime Lab blood tests did not sufficiently establish impairment. After negotiating with the State Trooper and Assistant District Attorney, the case was dismissed. Meet With a Stokes County DWI Attorney Today A DWI also referred to as a DUI, is a very serious charge. Don't take the risk of going to court with an experienced DWI attorney on your side. Call today to set up a consultation to learn your options. Our attorneys will listen to and answer each and every question or concern you may have.
Careless & Reckless Driving Charge Dismissed
Attorney: Clarke Dummit Type of Case: Careless and Reckless Driving Case Result: Dismissed County: Yadkin County Our client in Yadkin County was in a single-car accident. She hydroplaned on some water, hit a guard rail, and flipped the vehicle. She was hospitalized and not interviewed about the wreck for several days. Eventually, the Trooper completed the accident report. In the report, the Trooper estimated our client was going 80 mph in a 65 mph zone. As such, our client faced a Careless and Reckless Driving Charge in Yadkin County. With this charge, there was the possibility that her insurance premiums would skyrocket. Aside from the Troopers estimate, there was no evidence of careless and reckless driving except the fact an accident occurred. Attorney Clarke Dummit was prepared for trial on the issue that it was not possible to estimate speed in a hydroplane situation; with no skid marks [...]
Dismissed – Under 21 DWI
Mr. Dummit wins again! This time, our client was a young woman who had been charged in Winston-Salem with Driving After Consuming under the age of 21. This charge is different from an over 21 DWI. When under 21, a breathalyzer reading of anything over 0.0 is, by law, enough for the charge. Mr. Dummit was able to show that proper procedures were not followed at the time our client was charged, and so the breath test could not be used as evidence. Without a breath test, the state could not prove the charge, and our client’s charge was dismissed. Dummit Fradin shows, yet again, that the state has to follow the same rules as the citizens.
Case Result: Father Maintains Child Custody in Forsyth County
Case Result: Father Maintains Custody After Motion to Dismiss Out-of-State Modification For a parent, few things are more distressing than the fear of losing time with your children. This anxiety is often amplified when an ex-spouse moves to another state and then attempts to change a custody order from afar. Our firm recently represented a father in Forsyth County who faced this exact challenge. This case underscores the crucial importance of understanding legal jurisdiction in interstate custody disputes and how a strategic legal motion can effectively protect a parent's rights. The Challenge: An Out-of-State Motion to Modify Custody and Visitation Our client, a dedicated father of two, had an established child custody order in North Carolina. His ex-wife subsequently moved out of state. Sometime after her move, she filed a "Motion to Modify Child Custody" with the court, seeking to drastically change the existing arrangement and [...]
DWI for a Local Guy but the Numbers Just Don’t Add Up
A Bad Day Just Gets Worse With an Unjustified DWI Imagine you’ve had a hard day at work, and you stop for dinner, a little bite after a bad day. We’ve all done it. Perhaps you’ve decided to have a drink with your food. You’re an adult, it’s legal. You aren’t impaired in any way. You can drive home. Now imagine on that drive home you get into an accident. It’s the cherry on top of the sundae, the icing on the cake, the very worst thing on this already bad day. Unfortunately, this is exactly what happened to one Forsyth County man, and his day was about to deteriorate even further. Investigating the Truth or Investing in an Arrest? When the police officer showed up, naturally, he began to ask questions. After all, he had a job to do, find [...]
Clients Not Guilty for Possession of Marijuana
Our clients were cruising along when they were abruptly rear-ended. A deputy arrived on the scene and said he smelled marijuana. He ordered the two clients out of the vehicle. One client admitted that she had been smoking a hemp cigarette. Eventually, after an illegal search, the deputy found what he thought was marijuana in two places in the vehicle. As a result, the two individuals were charged with Possession of Marijuana in Forsyth County. Our client owns several hemp shops and maintains an ABC permit. A conviction for Possession of Marijuana meant they’d likely lose their ABC permit and face huge financial losses. So, they turned to criminal defense attorney Clarke Dummit for help. You Can’t Tell by the Smell At trial, the deputy was testifying about his training and experience in smelling and identifying marijuana based upon the smell and appearance. During a [...]
Dismissed | Breaking and Entering, Larceny, Resisting Officer
Our client was facing sentencing on multiple counts in Winston-Salem and hired criminal defense attorney Clarke Dummit. Mr. Dummit presented multiple potential evidentiary issues, and possible suppression and identification issues if the case went to trial. Rather than continue with trial, the State agreed to dismiss all charges once our client paid restitution and did community service.
Our Recent Distinguished Achievements
