2008—Foster represented a 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—Foster’s client was charged with felony possession of cocaine. The cocaine had been found in the center console of a vehicle that belonged to and was normally driven his wife. Jury verdict: Not guilty.
2005—Mark Foster represented a client charged with DWI. Foster’s defense focused on the margin of error of breath testing machine where client’s blood-alcohol level was .08. Foster’s use of testimony by a defense expert witness undermined State’s case and the jury deadlocked 11 to 1 in favor of not guilty. The State later dismissed case.
2005—Foster went to trial on behalf of a client charged with a federal drug distribution conspiracy charge. The jury acquitted the client on the drug conspiracy charge and convicted only on a possession charge.
2005—Foster was representing a client on 14 counts of wire and mail fraud conspiracy in federal court. Foster’s strategy was to establish through cross-examination of the government’s cooperating witnesses that his client was not privy to the truth that the purported investment was actually nonexistent. This strategy worked. The jury found Foster’s client not guilty on all…
2004—Trial of client charged with possession of cocaine and marijuana with intent to distribute. Case based on results of search warrant of client’s residence while he was not present. Defense focused on State’s inability to prove that the drugs belonged to client. Result: jury found client not guilty of both counts.
2002—Trial of client charged with attempted murder in domestic violence case. Foster’s defense focused on lack of credibility of alleged victim based on inconsistent statements made to police and lack of corroboration. Result: jury found client not guilty of attempted murder, but guilty only of misdemeanor assault on female.
2002—Trial of client on federal gun charges and possession of marijuana. Result: jury acquitted client of the more serious gun charges and found him guilty only of the less serious marijuana charge.
2002—Trial of client on 14 counts of felony forgery of checks. Jury verdict: not guilty on all charges.
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.
