Client Avoids Gun Charge after Traffic Stop in Kernersville
Sep 15, 2023
OUTCOME: Not Guilty on Conceal Carry; Not Responsible Unsafe Movement
Court: Forsyth County (Kernersville)
Charges: Carry Concealed Gun (Dismissed)
Unsafe Movement (Not Responsible)
Improper Turn (Responsible)
Method of Resolution: Trial
Case Summary: The client..., a recent North Carolina resident from Jamaica, was pulled over for making an improper left turn by driving over a median. During the stop, the officer requested a search based on suspicion of a firearm and marijuana. A motion to suppress the subsequent search was granted due to lack of probable cause.
Key Findings: The traffic stop itself was valid based on the observed improper turn.
The officer's request to search the vehicle lacked probable cause based solely on the client's hands being out the window and a faint odor of marijuana (allegedly from a previous encounter). The prosecution failed to establish all elements of the "unsafe movement" charge.
Outcome: The charge of carrying a concealed gun was dismissed due to the suppressed evidence. The client was found responsible for the improper turn and received a corresponding citation. The court ordered the return of the client's firearm.
Additional Notes: This case highlights the importance of challenging unreasonable searches and seizures. It also demonstrates the potential consequences of improper driving maneuvers.
Criminal defense
Misdemeanor Larceny
N/A
OUTCOME: Voluntary Dismissal with Court-Ordered Expungement
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 advanc...ement. 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. No one has pending charges without knowing about them, and yet, he did.
After thinking, struggling, and racking his brain for what could possibly have happened, our soon-to-be client became convinced someone was using his identity. A few years prior, he misplaced his wallet, which contained his ID and his social security card. He never found that wallet. He went and replaced the missing items instead. Throughout the years, he had also received several suspicious calls saying he was trying to open accounts that he had not tried to open. Until this point, he assumed they were spam, but perhaps they were not. It was time to seek help. He called Tyler Chriscoe with Dummit Fradin.
When the client called and explained his story, Attorney Chriscoe was understandably skeptical, but there was something so earnest about the client, he decided to take the story seriously. The client steadfastly maintained the name, date of birth, and license number were his, but that he had not stolen anything. At the first court date, Chriscoe obtained the officer’s police report and requested the video footage of the incident. As he poured over the video, Chriscoe’s sharp eyes noticed something unusual which might explain the whole debacle. The officer never asked the male suspect to produce his ID; rather, the officer simply asked the man for his name, date of birth, and street address. The suspect did not even give the officer our client’s correct birth date, but instead, one that was 1 day off. Chriscoe thought this was likely indicative of someone who had tried to memorize the information on a fake ID. But likely was not proof. He needed more to win the case.
Chriscoe decided to go back and watch the video one more time. Even though he had seen what happened with the officer, he still had the nagging feeling he missed something the first time through. Then, just when hope was beginning to fade, Chriscoe discovered the one thing that could clear our client’s name. The male suspect wore a hat pulled low to shield himself as much as possible and was adamant about keeping his face mask up during the entire incident. Except for one moment. The box store the man was allegedly stealing from asked the suspect to remove his mask and hat so they could obtain a picture since he was banned from the premises. That picture would determine once and for all if our client was an innocent man standing accused or a guilty one with a crazy story. Chriscoe issued a subpoena to the store to produce a copy of the photo they took of the suspect’s face.
In court, Attorney Tyler Chriscoe introduced our client to the assistant district attorney and the Loss Prevention Staff who were there to testify about the incident. When the photo was brought forward, it was very clear to everyone involved the men were not the same. The State quickly took a voluntary dismissal. Chriscoe asked for and got a judge to sign an order of immediate expungement based on mistaken identity. Our client was completely exonerated and eligible for his promotion. But Chriscoe wasn’t finished yet. He followed up with a representative of the store. A few weeks later, he was able to obtain the actual identity of the man trying to pass himself off as our client. The matter was then turned over to the police and a report was filed for identity theft against the suspect.
Criminal defense
Victory for Veteran Driver
N/A
OUTCOME: All charges dismissed
Charges: Carrying a Concealed Gun, Possession of Marijuana & Paraphernalia, Expired Registration, Unlawful Rear Light Color
Outcome: All charges dismissed. Motion to suppress evidence granted. Clien...t eligible to apply for a concealed carry permit.
Details: The client, a 20+ year retired veteran, was pulled over for minor traffic violations. During the stop, the officer suspected marijuana use and conducted a vehicle search. This search uncovered a concealed weapon, marijuana, and drug paraphernalia. Tyler successfully argued that the search lacked probable cause and the judge suppressed the evidence. With no admissible evidence, the prosecution voluntarily dismissed all charges. The client is now pursuing a concealed carry permit.
Criminal defense
Love on the Line: Speeding Ticket Resolved, CDL saved
N/A
OUTCOME: Reduced and Dismissed
Court: Davie County
Type of Case: High Speed (104 mph in a 70-mph zone) & Reckless Driving
Result: Reduced Charge and Dismissal
Details: The client, a CDL holder, was pulled over for exceeding the... speed limit by 34 mph (104 mph in a 70-mph zone) and cited for reckless driving. The client explained to the officer the urgency of the situation - his fiancée's hospitalization and his need to reach her quickly. However, the officer issued the citations. The client misplaced the ticket and missed the court date, resulting in a "Failure to Appear" charge.
Representation: Dummit Fradin was retained to represent the client. We presented the full case details to the District Attorney, including the client's CDL status and the potential job loss associated with a reckless driving conviction or license suspension.
Outcome: The District Attorney agreed to a favorable resolution:
Reduced Charge: The speeding charge was reduced to a "9-over" (79 mph in a 70-mph zone).
Dismissed Charge: The reckless driving charge was dismissed.
Conditions:
The client agreed to: Complete a driving school course. Pay a fine associated with the reduced speeding charge.
Consequences Avoided: This successful outcome preserved the client's CDL, protected his job, and minimized the impact on his insurance compared to the original charges. Additionally, a potential misdemeanor conviction was avoided through the charge reduction.
Criminal defense
GPS Tracking & Custody Battle
N/A
OUTCOME: Voluntary Dismissal with Expungement
Court: Davie County
Type of Case: Misdemeanor Cyberstalking
Result: Voluntary Dismissal with Expungement
Details: The client faced a cyberstalking charge stemming from a GPS tracker found on the o...ther party's car during an ongoing child custody dispute. Dummit Fradin represented the client in both the civil custody case and the criminal charge.
Investigation and Defense: The investigation revealed the client had lawfully hired a licensed private investigator to conduct an investigation as part of the custody case. This investigator, acting within legal bounds, placed the GPS tracker on the other party's vehicle. Evidence gathered included: A written contract between the client and the private investigator firm outlining the investigation scope. A signed affidavit from the investigator firm explicitly stating their responsibility for placing the tracker. Copies of relevant statutes highlighting the legal exception for using a private investigator.
Outcome: Equipped with this evidence, on the first court date, Tyler successfully demonstrated the client's innocence. The prosecution, recognizing the lawful use of a private investigator, agreed to a voluntary dismissal of the charges.
Additional Steps: Tyler further assisted the client by pursuing an expungement of the arrest record, ensuring this incident no longer appears on their background check.
Consequences Avoided: This proactive approach protected the client from:
A potential criminal conviction could have impacted the child custody case. A permanent blemish on their record that could have hindered future opportunities.
