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.
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 [...]
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 [...]
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, [...]
Dismissed – DWI won for Corpus Delicti
Our founder, Clarke Dummit, won another DWI case based upon the Corpus Delicti rule. Our client got charged with DWI after the Winston-Salem police officer heard the crash and drove over to the scene of the wreck 3 minutes later. When the officer arrived our client was out of the car with the hood open looking at the damage to the grill. There was another person at the scene who could have been driving, but our client said he was driving. There was no physical evidence that our client was driving, and the only circumstantial evidence (that our client owned the car, and was at the scene) led equally to the conclusion that he was a passenger. Our client was arrested and blew a .17 at the station. What is Corpus Delicti? Mr. Dummit of Dummit Fradin made a motion to dismiss at the close of the State’s [...]
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.
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. [...]
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 [...]
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 [...]
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 [...]
Dismissed – Carry Concealed Gun and Possession of Marijuana
A Dummit Fradin criminal defense attorney submitted a motion to suppress evidence due to the Winston-Salem law enforcement violating our client's Miranda rights. Our attorney succeeded in getting the charges dismissed after winning his motion to suppress evidence. If you're facing a criminal charge, don't hesitate to contact our criminal defense team at Dummit Fradin. We have offices located in Winston-Salem, Greensboro, High Point. Our attorneys are always ready to listen to your case and give their honest feedback regarding your options. Call today to schedule a free criminal case consultation.
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