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.
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 [...]
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 [...]
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 [...]
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.
Finding Peace Through Mediation: A Tenacious Effort
Outstanding Results from the Family Law Attorneys in Winston-Salem: Settlement of All Divorce Issues in Mediation Difficult and Emotional Time Divorce is never easy. It's the end of a huge chapter in a person's life. However, it is usually not a good sign when a client comes to us seeking a second attorney. In this case, the client had already attempted mediation, which resulted in a deadlock and high levels of hostility between both parties. The previous counsel had not been able to get the case settled, and the other side was making unreasonable offers. Our client was facing litigation and would most likely fare poorly. Dummit Fradin was determined to help the client get the best outcome possible. Back to Mediation The first step in the process was to persuade the opposing counsel, client, and the judge to order the parties [...]
Assault on a Female Charge Dismissed
Assault on a Female Charge Dismissed in Forsyth County, NC A husband was charged with Assault on a Female in Forsyth County, NC for allegedly assaulting his wife. The charge was holding our client back from applying to become a United States Citizen. Fortunately, our Winston-Salem criminal defense attorney secured a dismissal of the charges against the husband. There are two sides to every story. Never is that more important than when you are faced with a domestic violence charge involving an assault on a female in Forsyth County. In an effort to crack down on domestic violence, prosecutors around North Carolina are refusing to dismiss or reduce assault on a female charge, even if there is evidence showing innocence. You must have a committed trial attorney if you are facing these charges in Forsyth County. Contact a Forsyth County Criminal Defense Attorney Today [...]
Mistaken Identity: Clearing our Client’s Name
Attorney: Tyler Chriscoe Type of Case: Misdemeanor Larceny Case Result: Voluntary Dismissal with Court-Ordered Expungement Location: Winston-Salem, Forsyth County A Promotion Denied Our soon-to-be client, a normally hardworking guy, was ecstatic when his name came up for a significant promotion at work. Not only would he receive more money but more responsibility and faster advancement. There was only one hurdle left, a review with his bosses that included a background check. He was not concerned, he had a troubled past, but nothing new. He had been through these reviews before, his bosses knew about his history and more importantly, how he had cleaned his life up. This should have been a formality. However, when they showed him the background check, he was dumbfounded. It showed he had a pending larceny charge. Stuck in a state of utter confusion, he simply couldn't understand what had happened. [...]
An Unexpected DWI Refusal Hearing Win
Type of Case: DWI Refusal Hearing at the DMV Case Result: Hearing Won! Attorney: Clarke Dummit When our firm takes on DWI defense cases we often look for the needle in the haystack. Many times, we find it and many times we don’t. Occasionally we find a defense we were not expecting, and a case that looks like a pure losing case turns into a win. Attorney Clarke Dummit recently had that experience in a DWI refusal administrative hearing at the DMV. Know Your Rights When a person is arrested for DWI and taken to the breath testing room they will be read their Implied Consent Rights from the government form DHHS 4081. Afterward, the charging officer or trooper will request the person to submit to a breath or blood test. If the person refuses to take the test they will be marked as a Willful Refusal. [...]
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 [...]
Cyberstalking Dismissal as Custody Battle Rages on
Child custody cases often become difficult and messy, but rarely do they lead to cyberstalking charges. In one recent case, however, our Winston-Salem-based Criminal Defense Attorney Tyler Chriscoe had to step in and help out a client who experienced exactly that. Custody Dispute Gets Complicated Our Firm was assisting a client with an ongoing child custody dispute. Sometimes it becomes necessary for one parent to investigate the activities of another when it pertains to the safety and well-being of their mutual children. As part of that investigation, our client hired a private investigator to gather information about the other party involved. The private investigator placed a GPS monitor on the other party's car as part of their contract. This is legal when done for a lawful purpose. However, the other party discovered the tracker and accused our client of cyberstalking. Unfounded Cyberstalking Accusations Fortunately, [...]
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