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.
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 [...]
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 [...]
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 [...]
Mother, Daughter Narrowly Avoid Vehicle Forfeiture
Attorney: Clarke Dummit Type of Case: Vehicle Forfeiture Case Result: Successfully received a court order returning the car County: Forsyth County A mother and her daughter were both on the title of a car. However, it was primarily the daughter's vehicle. A friend of the daughter took it without permission and got charged with DWI. At the time, the friend was driving with a revoked license due to a prior DWI. So, the police seized the car and towed it to Charlotte for forfeiture. The daughter petitioned to get the car returned, but she was denied. Appealing to Avoid Vehicle Forfeiture After getting denied, the daughter decided to seek help from attorney Clarke Dummit. He advised her on how she needed to fix the problem in the petition and told her to try. But because her petition had already been denied, the clerk would not allow her to [...]
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.
Driving is Risky Business: Go with the Flow or Impede Others?
Driving Can Be Risky Business - Do You Go With the Flow or Impede Others? This is one client's story A Typical Commute Goes Awry Driving down our normal paths every day, from work to home, from home to school, from school to work becomes customary, expected, even ordinary. We try to stay alert, we try to stay safe, but these routes become so ingrained in our daily routines that we drive them on autopilot, nearly without thought. We follow along with others on the same paths in life thinking about our jobs, our kids, or singing along to our favorite songs. We know these roads. We know their hazards and their twists and turns. These are our safe zones. For one Forsyth County woman, just going along about her daily drive, the same as she does every day, these familiar spaces [...]
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 [...]
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 [...]
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 [...]
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. [...]
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