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 [...]
Divorce Finalized After Successful Equitable Distribution Mediation
Family Law Team Type of Case: Divorce & Equitable Distribution Mediation Case Result: Settlement and Divorce Finalized One of our clients had been trying to get his divorce settled for over a year since splitting up with his ex. They shared assets and debts that still needed to be divided, and they desperately wanted to get a divorce as soon as possible. Unfortunately, our client's previous attorneys had taken a long time to make any progress. With Dummit Fradin's help, our client had a settlement, and divorce papers were signed within two months." We aided our client in reaching a resolution that he was happy with so that he could move on with finalizing his divorce. Don't Overlook Equitable Distribution Mediation After reviewing our client's case, our Greensboro family law team knew that they needed to work quickly and efficiently. The client had already endured a [...]
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, [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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. [...]
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.
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