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,…
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.
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.
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.
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.
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.
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.
2009—Trial of podiatrist on 29 federal charges alleging unlawful distribution of controlled substances through internet pharmacy website. After two-week trial, Foster succeeded in getting the jury to acquit his client on all 29 counts despite the two codefendants (a physician and the website operator) being found guilty of their charges in a joint trial.
2008—Trial of client charged with 2nd degree murder based on deadly head-on conviction while allegedly under the influence of alcohol. Foster’s defense focused on exposing the lack of expertise of State’s accident reconstruction expert on cross-examination and creating reasonable doubt. Result: not guilty of murder, but guilty of lesser offenses, greatly reducing his sentence.
2007—Trial of client charged with felony possession of cocaine in vehicle that belonged to his wife. Jury verdict: Not guilty.