2001—Client charged in federal court with drug conspiracy and home invasion robbery/murders. Defense strategy was to show through cross-examination and presentation of impeachment evidence, that each of 12 cooperating government witnesses had lied to the jury about important facts. Jury verdict: client not guilty of all charges.
2013—Represented realtor in complex federal mortgage fraud and racketeering trial. Vigorously contested case, but lost in a tough verdict by jury. Appealed case to Fourth Circuit Court of Appeals, decision pending.
2014—Trial of wife of professional athlete charged with two counts of assault with deadly weapon on security guard and one count of resisting police officer. Result: jury acquitted on both counts of assault with a deadly weapon, convicting only on lesser charge of resisting police officer’s instructions.
March, 2016—Trial of client charged with multiple counts of child rape. Defense strategy focused on establishing implausibility of alleged victim’s story, the lack of corroboration, and presentation of alibi evidence. Result: jury acquitted client on all charges, client released from jail.
August, 2016—Trial of client charged with multiple felony counts of sexually assaulting child many years earlier. Foster’s trial strategy focused on the prosecution’s lack of physical, medical, or eyewitness corroboration for the alleged victim’s claims. Result: jury deadlocked 9 to 3 in favor of acquittal. State has yet to decide whether to retry case.
September, 2016—Successfully obtained reduced plea to voluntary manslaughter in first degree murder case, obtaining reduced prison sentence and saving client from mandatory life imprisonment without parole in case where the State had a strong case.
April 3, 2017—Wilkesboro, NC—After two-and-a-half years of investigation and plea negotiations, Mark Foster succeeded today in saving his client from a mandatory prison sentence of 225 to 282 months (18 to 23 years) in an opiate pill trafficking case. By highlighting his client’s cooperation, his childhood traumatic brain injury, and his drug addiction treatment efforts,…
STATESVILLE, NC–August 7, 2017–Attorney Mark Foster capped two years of representation of a client charged with knowing receipt of child pornography with an excellent sentencing result. The client faced a guideline sentencing range of 121 to 151 months and the government was seeking 121 months. The statutory mandatory minimum sentence was 60 months. Foster’s client…
August 15, 2017: It was announced today that Mark Foster has been selected by his peers for inclusion in The Best Lawyers in America for his work in Criminal Defense: General Practice. @BestLawyers www.BestLawyers.com
2012—Trial of motel owner charged with maintaining motel for purpose of drug possession and distribution. Result: judge granted Foster’s motion to dismiss at close of State’s case. Motion was based on State’s failure to allege necessary elements in pleading.