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.
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.
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 [...]
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 [...]
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.
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 [...]
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.
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. [...]
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 [...]
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 [...]
Winston-Salem Traffic Attorney Saves Senior’s Holiday
Winston-Salem Traffic Attorney Races to Save One Senior's Holiday Season Our Traffic Attorneys always strive to provide the best defense possible for each and every one of their clients. Generally, though, they can't perform miracles. But a Holiday miracle is exactly what Winston-Salem Traffic Attorney Tyler Chriscoe managed for one Stokes County Senior. The Incident A senior citizen of Stokes County found herself with a unique problem this Holiday Season and was at a loss as to what to do. You see, back in October, she was doing her normal errands, nothing unusual, when she was cited for speeding 15mph over the limit and failing to wear a seat belt. Taking care of this type of thing was not within her knowledge base since she had not had a traffic citation in nearly 36 years. The ticket said she could pay it [...]
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