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.
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 [...]
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 [...]
Primary Care Taker Granted Motion for Contempt
Our client is the primary caretaker for the parties’ special-needs teenager. His mother repeatedly refused to pay any financial support. Our Attorney filed in Winston-Salem and successfully argued a Motion for Contempt in Forsyth County and the Judge found the mother in contempt of court, ordering her to immediately pay her past-due child support for the benefit of the parties’ child. Our client no longer has to financially support his son alone.
Dummit Fradin Wins $6.6M Verdict Against Rapper Yo Gotti
[Winston-Salem, North Carolina, Tuesday, May 28, 2019] Dummit Fradin litigation attorneys recently won a high profile trial against mainstream rapper Yo Gotti. Yo Gotti, aka Mario Mims, was slapped with a hefty $2.2 million verdict in a North Carolina courtroom today. The amount was then tripled by a Forsyth County judge to $6.6 million because of a finding of unfair and deceptive trade practices. In 2016, Yo Gotti recorded a verse for Young Fletcher. Young Fletcher, aka Lamont Fletcher, is a local North Carolina rapper who hoped to "jump start" his career with the release of this collaboration. Yo Gotti received $20,000 for the recording, but never got approval from his label Epic Records. Nor did he provide the required “side artist agreement” which would have allowed Young Fletcher to release the song. Yo Gotti then tried to go around Young Fletcher’s manager, Michael Terry, and steal [...]
Improper Turn Leads to Unlawful Search and Deportation?
Improper Turn Leads to Unlawful Search, Seizure, and Possible Deportation? We've all made unfortunate mistakes while driving. Most of us try our best to be safe, obey all traffic laws, and pay attention to the road at all times. However, even with the best of intentions, sometimes we fall short of the goal of being the perfect driver. This is exactly what happened one evening to one man from Jamaica. The Mistake: A Clearly Illegal Left Turn Criminal Defense Attorney Tyler Chriscoe recently met with a client in dire straights indeed. He was an immigrant from Jamaica who lived most of his life in Florida. He moved to the Triad area of NC in order to help his grandmother, but was unfamiliar with the roads yet. One evening while trying to maneuver around the downtown [...]
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 – 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.
Bringing a Firearm onto Courthouse Property
Our client was incorrectly charged with bringing a firearm onto courthouse property in Davidson County. In fact, our client had a concealed carry permit and was arrested for lawfully having a firearm on the parking lot beside the courthouse. A Dummit Fradin criminal defense attorney recently represented this client and successfully got the case voluntarily dismissed. Getting the Charge Dismissed The deputy perceived danger and acted quickly. The deputy, however, failed to observe the law. Thus, our attorney filed a pretrial motion to dismiss. He spoke with the deputy and the prosecutor and explained that he was not contesting the facts of what happened. Instead, he was focusing specifically on an entirely legal argument. When the NC General Assembly drafted the prohibition of firearms on certain government property, their statutory intent clearly did not prohibit lawful concealed carry on property outside of the courthouse building. Our attorney also [...]
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 [...]
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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Winston-Salem
Criminal & Immigration Attorneys
1133 West First Street
Winston-Salem, NC 27101
(336) 485-4907
Winston-Salem
Family Law Attorneys
3400 Healy Drive
Winston-Salem, NC 27103
(336) 962-7221
Greensboro
Criminal & Family Law
328 E. Market Street
Greensboro, NC 27401
(336) 360-5528
High Point
Criminal & Injury Law
820 North Elm Street
High Point, NC 27262
(336) 814-8118
Our service area includes Forsyth County, Guilford County, Surry County, Stokes County, Yadkin County, Davie County, Davidson County, Randolph County, and Alamance County.