Case Results

Mitch's client was charged with five felony counts and up to LIFE in prison with a mandatory minimum sentence of 25 years for criminal sexual conduct first and second degree. A vigorous and thorough cross examination of the nine-year-old accuser revealed that the accusations were fabricated. The defense also included character witnesses and the defendant's own testimony proclaiming his innocence. A Wayne County jury reached five unanimous not guilty verdicts after deliberating for less than an hour.

A judge in the 36th Circuit Court of Van Buren County, Michigan (Paw Paw) granted Mitch's client a new trial. Mitch's client had been convicted of first degree premeditated murder and felony murder back in 2017 after being charged with murder for the tragic death of two of her children from a house fire back in 1992. She was tried and convicted in 2017 but Mitch took on the appeal and after a five year battle and multiple evidentiary hearings he was able to persuade the trial judge that his client was denied the effective assistance of her trial attorney at her trial and this attorney's mistakes were so bad that she did not get a fair trial. She had been serving a sentence of life without the possibility of parole. Now she has a second chance at justice and regaining her freedom.

A jury in the 48th District Court of Bloomfield Hills found Mitch's client NOT GUILTY of domestic violence. Mitch vigorously cross examined his client's accuser exposing inconsistent statements and damaging his credibility. The defense was that the accuser (husband) was trying to get his wife convicted of domestic violence to gain a tactical advantage in their pending divorce. This was a self defense case, so Mitch convinced Judge Marc Barron to instruct the jury on self defense and "stand your ground". The jury deliberated for 20 minutes and quickly decided that Mitch's client was not guilty.

After a jury trial in Wayne County Circuit Court before Judge Mark T. Slavens which started on December 3, 2013, Mitch's client was found not guilty by a Wayne County jury of armed robbery. If convicted of armed robbery, Mitch's client could have been sentenced to life in prison.

Mitch's client was facing a charge of domestic violence for a physical altercation in his home in Royal Oak. Mitch put forth an all out defense preparing for trial with the defense of self-defense, but the Royal Oak prosecutor's office agreed to dismiss all criminal charges before trial. An order of nolle prosequi was entered. The firearms that the police seized during the initial investigation were returned to the client after the case was dismissed.

Mitch represented his client at a preliminary examination in the 50th District Court in Pontiac on a charge of assault with intent to murder (AWIM). After the prosecutor was finished presenting his witnesses, Mitch moved to dismiss the charges and argued that the prosecutor had not proven probable cause. 50th Circuit District Court Judge Cynthia Walker dismissed the charges. Mitch's client was facing up to life in prison if convicted of assault with intent to murder.

Mitch's client found NOT GUILTY of unarmed robbery by a Wayne County jury. He had more than 3 prior felonies on his record, so if convicted he could have been sentenced up to life in prison.

Mitch's client found NOT GUILTY of all counts by a Wayne County jury. He was facing 6 charges; assault with intent to murder, armed robbery, assault with intent to do great bodily harm less than murder, felonious assault, carrying a concealed weapon, and felony firearm. If convicted he could have been sentenced to life in prison.

Mitch's client was facing up to 5 years in prison after being charged with OWI 3rd in Oakland County for a drunk driving case originating in Hazel Park. Mitch conducted a preliminary examination at the District Court and, while cross examining the arresting police officer, showed how the police officer made false statements in a search warrant affidavit. Later at the Oakland County Circuit Court, the prosecutor agreed to dismiss all charges

Mitch’s client found NOT GUILTY of home invasion –first degree and domestic violence by an Oakland County jury. If convicted he could have been sentenced to 20 years in prison.

Mitch's client was charged with two felony counts and up to 10 years in prison for assault with intent to commit great bodily harm less than murder and felonious assault with a knife. The attacker was unarmed and used her fists as weapons and Mitch's client stood her ground and used a knife in self-defense to stop the attack. A Wayne County jury reached unanimous not guilty verdicts after deliberating less than an hour.

ASSAULT BY STRANGULATION AND DOMESTIC VIOLENCE CASE DISMISSED - at the preliminary examination in Detroit, Mitch's motion to dismiss the charges of assault by strangulation and domestic violence was granted by 36th District Court Judge Roberta C. Archer. Mitch's client was facing up to 10 years in prison if convicted of assault by strangulation.

An Oakland County jury found Mitch's client Not Guilty of operating while intoxicated third offense. There was a blood draw analyzed by the Michigan State Police used as evidence of intoxication, showing a result of .081 grams of alcohol per 100 milliliters of blood. Mitch brought in a defense expert on blood testing and analysis and standardized field sobriety tests, and cross examined the State expert who conceded that it was merely a 50/50 chance that the defendant's actual blood alcohol was over the legal limit. During cross examination of the arresting officer, it was revealed that the officer was exaggerating the facts to make it sound like the defendant was intoxicated - his testimony was contradicted by his own dash cam video.

A Wayne County jury found Mitch's client not guilty of assault with a dangerous weapon (felonious assault); a 4 year felony

K. C. was charged with Breaking and Entering a Motor Vehicle. An Oakland County jury found Mr. C. not guilty. There was an eyewitness, an acquaintance of Mr. C., that saw him on the street very close to where the car was. This same eyewitness saw a person leaning inside the car. The defense theory was that the eyewitness was lying and not to be believed. The jury questioned the credibility of the eyewitness, and was persuaded that the prosecutor's burden of proof beyond a reasonable doubt was not met.

Mitch's client was accused of breaking into a home and raping a woman at knife point and was facing up to LIFE in prison if convicted as charged. The prosecutor's best offer was 10 to 20 years in prison - Mitch's client rejected this offer, opted for trial, took the stand in his own defense, and was declared not guilty by a Wayne County jury of all counts in a classic he said/she said case. Mitch's cross examination of the accuser was the key to this case. The defense was consent. This was the second jury trial in this case - the first trial was in February and resulted in a hung jury and a mistrial was declared.

T. W. was charged with Fleeing and Eluding the Police and Driving on a Suspended License. An Oakland County Jury acquitted Mr. W. of both counts. A Pontiac Police officer testified that he identified Mr. W. at the first stop and then again after the car fled and Mr. W. was arrested. Through cross examination, the officer conceded there may have been another person in the car that escaped. The evidence revealed that the police did a shoddy investigation. The jury found reasonable doubt.

D. D. was charged with Assault and Battery on a restaurant co-worker at the start of an early morning shift, the day after a holiday. The accuser was the manager of the restaurant and the girlfriend of one of the servers. The defense was self defense, using only enough force reasonably necessary to protect himself to avoid the situation. Through cross examination, one of the accusers revealed he was a convicted felon. An eyewitness testified for the defense that the manager started the altercation by pushing Mr. D. in the chest knocking him off balance. Using demonstrative evidence directly in front of the jury, this eyewitness demonstrated on Mitch, the manager's push on Mr. D., exactly as he remembered it, knocking Mitch off balance and back a step. An all woman jury in Royal Oak found Mr. D. not guilty. Mr. D. was able to avoid jail, probation, fines and court costs.

A jury at the 48th District Court in Bloomfield Township found Mitch’s client not guilty of malicious destruction of a building.

C. S. was charged with Home Invasion - First Degree and Larceny of Firearms. Several witnesses testified that they saw Mr. S. carrying around three gun cases, but upon cross examination none of the eyewitnesses admitted to actually seeing the guns. The Michigan State Police trooper admitted on cross examination that the police did not check for fingerprints or DNA evidence anywhere in the home, not even on the windows or doors and were not able to connect Mr. S. to the entry into the home. Mitch attacked the credibility of the three witnesses that claimed they saw Mr. S. with the gun cases and the jury determined the witnesses were not credible and found Mr. S. not guilty of both counts.

A jury in the 52-2 District Court in Clarkston found Mitch's client NOT GUILTY of domestic violence. The accuser said that Mitch's client grabbed her ankle, wrist, and arm and hit her on the arm while attempting to take a piece of property from her. The defense was accidental touching, but in order to be successful with this defense, the accuser's credibility needed to be attacked. Mitch vigorously cross examined his client's accuser pointing out her motives and exposing her as a liar who could not be trusted to tell the truth in court. The arresting officer, a Michigan State Trooper was also exposed as a liar through cross examination. The jury deliberated for just under an hour and decided that Mitch's client was not guilty.

Mitch's client had been convicted of criminal sexual conduct - second degree in Iron County and was sentenced to prison by Iron County Circuit Court Judge Joseph C. Schwedler. Mitch handled the appeal and after briefs were filed and oral arguments held, a three judge panel unanimously agreed with Mitch that his client had been given ineffective assistance of counsel at his trial for the failure of his trial attorney to make timely objections and for failing to object to critical jury instructions and improper character evidence. The Court of Appeals reversed the conviction of Mitch's client and ordered a new trial.

M. R. was charged with Criminal Sexual Conduct - 4th Degree. A Macomb County Jury acquitted Mr. R. of Criminal Sexual Conduct. Mitch's theory of the defense was that the alleged victim, a former employee or Mr. R's business, was trying to set up a civil lawsuit to get rich off her former employer. Through an extensive cross-examination of the alleged victim, her true motivations were revealed. Mr. R. was acquitted. He avoided a felony conviction, and the requirement of being on the sex offender registry for 25 years. His business would have been lost and he would have been financially devastated if he had been convicted.

Mitch's client was facing a charge of operating while intoxicated in Lapeer County. Mitch was able to negotiate a plea bargain with the Lapeer prosecutor where his client pleaded guilty to "allowing an intoxicated person to operate a motor vehilce". This resulted in a misdemeanor with fines and costs and 60 days of probation with no driver license sanctions from the Secretary of State.

Mitch appealed his client's convictions out of Macomb County for felonious assault after a road rage incident involving two other individuals. Mitch was able to persuade the Court of Appeals that his client's attorney at trial was ineffective for failing to introduce critical evidence at trial and for failing to request an important jury instruction pertaining to self defense. His client's felony convictions were revesered and he now has a right to a new trial.

Mitch was representing his client on two separate incidents of being a felon in possession of a firearm in the U.S. District Court in Detroit. On one of the two charges, Mitch filed a motion to suppress evidence based upon an illegal search and seizure. Judge Victoria Roberts of the United States District Court for the Eastern District of Michigan ruled in favor of the defense finding that the police officer's claimed "inventory search" was invalid and that the officer went beyond the limits of Terry v Ohio when searching the bag in the car where the gun was found. The government knew that their case on the other count was weak, so they decided to agree to a sentence of credit for time served on the remaining count. The client had been facing up to 10 years, but Mitch was able to get him out of jail and sentenced to a short term of supervised release, which is the Federal Court equivalent of probation.

G. B. and M. V., mother and daughter were both charged with domestic violence by the Pontiac Police after an altercation with a family member's girlfriend. A Pontiac District Court Judge found both G.B. and M. V. not guilty of domestic violence after trial. The alleged victim's credibility was severely damaged during Mitch's cross-examination, and the judge would not convict Mitch's clients because the prosecution had not proved its case beyond a reasonable doubt.

Mitch's client was facing felony charges of carrying a concealed weapon; a 5 year felony. A district court judge in Clarkston dismissed charges of carrying a concealed weapon on the date of the preliminary examination

F. R. was accused of getting in a fight and beating another man in Pontiac. After consulting with Mitch, Mr. R demanded his right to trial. The alleged victim was revealed as a drunk, a trouble maker, and a person who could not be trusted. Mr. R testified in his own defense to establish the defense theory that he used only reasonable force in self defense. A Pontiac District Court Judge found Mr. R not guilty after trial. Mr. R was saved from fines, costs, probation, and the possibility of jail time.

M. C. was charged with Reckless Driving. Two separate motorists called the police and called in Mr. C's license plate and vehicle description. Mr. C. became irate with the Auburn Hills police officer that pulled him over. After Mitch's successful negotiations with the City Prosecuting Attorney, Mr. C. was given a minor civil infraction and the criminal case was dismissed, saving him from possible incarceration, additional fines, costs, probation, and a mandatory 90 suspension of his driver license.

R. V.'s ex-wife accused him of felonious assault with a car. Mitch's investigator went to the scene to interview witnesses and took pictures proving that the ex-wife's story was a fabrication. Mitch and his client rejected several offers to plea bargain the case to a misdemeanor. After a lengthy preliminary examination where the credibility of the accusers was thoroughly attacked, and two successful polygraph results, the case was dismissed by the Domestic Violence unit of the Oakland County Prosecutor's Office. Mr. V. was able to avoid a felony conviction on his record, fines, costs, probation, and incarceration.

D. S. was charged with Domestic Violence by the Wayne County Prosecutor's Office. Mitch demanded a jury trial, rather than having his client accept a diversionary program. On the day of the trial, the accuser told the prosecution that she did not want to go forward with the prosecution and the case was dismissed. Mr. S. and his accuser (his sister), hugged and made up in the halls of the court house. The family was pleased and Mr. S did not have to pay a fine, be on probation, and did not have to take 10 weeks of anger management classes.

Mitch's client had been facing Federal Drug Conspiracy charges in Bay City facing a mandatory minimum prison term of 5 years and up to 40 years in federal prison. Mitch was able to get his client's charges reduced and his client was sentenced to 1 day in jail and a $30,000 fine

M. J., a Pontiac teenager, was accused of Unarmed Robbery in Oakland County after an adult male was beaten, left bloody, and was robbed of his cell phone. Mitch hired an investigator to interview several eyewitnesses. This thorough private investigator's report directly contradicted many of the allegations in the Pontiac Police Department's Report, and several schoolmates said that Mr. J. was not involved, and that another individual was the real perpetrator of this violence. After the Pontiac Police refused to interview additional witnesses and failed to supplement their initial police report, the Oakland County Prosecutor's Office decided to dismiss all charges against Mr. J. The Assistant Oakland County Prosecutor said, “This is the first case I've ever dismissed”

fter preliminary examination and Mr. Foster’s cross examination of the prosecution witnesses, a Troy District Court Judge dismissed both of the two felony counts, including one count of home invasion first degree, a felony punishable by up to 20 years in prison.

Mitch Foster obtains dismissal of domestic violence charges against client in Ypsilanti.

Mitch's client was facing a felony charge of carrying a concealed weapon after police discovered a pistol in the glove compartment of his car. Mitch took his client's case to trial in Oakland County and the jury said NOT GUILTY!

Mitch's client was accused of driving with a high blood alcohol content with children in the car and was charged in the 67th District Court in Davision with high BAC and two counts of child abuse - Mitch was able to work out a plea with the Genesee County Prosecutor's Office where the two child abuse charges would be dismissed and the high BAC would be reduced to operating while impaired

Mitch's client entered into an agreement for pretrial diversion in the U.S. District Court in Detroit in a case alleging Federal crimes of false statements, fraud, and wire fraud. This agreement allows for his client to pay restitution and serve a term of probation to avoid a federal indictment and to keep from having a criminal record.

T. D. was charged with stalking. Mitch demanded a jury trial for his client. After the prosecution rested its case, Mitch moved for a directed verdict. A Macomb County District Judge in St. Clair Shores granted this motion for a directed verdict and the case was dismissed before the jury was even allowed to deliberate. Mr. D. was able to move on with his life, free from a stalking conviction and possible incarceration, probation, fines and costs.

Mitch's client was facing Federal charges involivng a physical altercation at a post office. Mitch's client ended up paying a fine of less than $100.00 and avoided having any criminal record

In Ontonagon County, Mitch’s client was released in time for Christmas after she was sentenced by Judge Pope to 333 days in jail with 333 days credit for time served. The client had been previously convicted by a jury and sentenced to 52 months to 10 years for bringing controlled substance into the Ontonagon County jail and to 8 to 30 years for delivering methamphetamine to another inmate while she was in the jail. But after Mr. Foster raised the fact that the client had been impeached at trial with a misdemeanor theft offense, in violation of MRE 609(a)(2)(A), the prosecutor agreed to dismiss the client’s conviction and add a lesser count with no habitual offender enhancement and to an agreement for a guilty plea with credit for time served.

Mitch's client as facing felony murder, first degree child abuse, and torture. After months of negotiation and on the eve of trial, Mitch negotiated a plea bargain with the Wayne County prosecutor's office to involuntary manslaughter with a 9 to 15 year sentence agreement for his client. If convicted as charged, Mitch's client would have had to serve the rest of her LIFE in prison without the possibility of parole.

D. C. was charged with Home Invasion for allegedly breaking into a home in Pontiac and stealing a stereo system. The case was dismissed by an Oakland County Circuit Court judge on the day of trial because the prosecution was not prepared to go forward with their case. The police re-filed the charges, this time charging Mr. C. with the less serious felony charge of Larceny in a Building. The matter was set for preliminary examination. The key witness for the prosecution, rather than being subject to another day of cross examination, decided not to appear in court, and the case was dismissed.

A District Court Judge in Detroit at 36th District Court dismissed all charges against Mitch's client after conducting a preliminary examination. The dismissal was due to insufficient evidence. If convicted, Mitch's client was facing up to LIFE in prison for the armed robbery count and a mandatory five years in prison on the felony firearm - second offense count.

Mitch's client was charged in Oakland County Juvenile Court of possession of LSD (lysergic acid diethylamide). After months of negotiations with the Oakland County Prosecutor's Office, on the eve of trial, Judge Lisa Langton agreed to dismiss all charges against Mitch's client, saving her from having a juvenile record and saving her from having a drug conviction on her driving record.

W. S., an innocent man, was charged with Retail Fraud in Oakland County. He was accused of stealing prescription drugs from a local Rite Aid drug store without paying for them. He actually thought that the item was prepaid and innocently walked out of the store with the item. Rather than making a courtesy call, the store contacted the police and a criminal prosecution was initiated. After months of preparation for trial, and subpoenas sent for important corporate documents, the accusers chose not to appear for trial and the case was dismissed by the district judge in Novi.

Mitch moved to dismiss the charges of criminal sexual conduct - third degree. On the date of the preliminary examination a 36th District Court judge at the Frank Murphy Hall of Justice in Wayne County dismissed the charges.

Mitch's client was sentenced to probation with no jail time after the Oakland County Prosecutor dismissed a felony drug charge in exchange for pleading guilty to a misdemeanor drug charge before the Honorable Derek W. Meinecke in the 44th District Court in Royal Oak.

Mitch's client was sentenced by Judge Michael K. McNally at the 33rd District Court in Woodhaven to probation without any jail time for a conviction of operating a motor vehicle while visibly impaired. The datamaster breath test results were .19 and .20. Mitch was able to get a plea bargain reduction from the prosecutor for his client to impaired driving from the original charge of operating while intoxicated (drunk driving). The prosecutor also agreed to not charge his client as a "superdrunk". Michigan's "superdrunk" law can be used for people testing at .17 or higher on the chemical breath or blood test and includes more severe penalties for drivers convicted under this law.

B. L. was coerced by the Macomb County Prosecutor's Office and his family members, who were also charged as co-defendants, into taking a plea bargain to Maintaining a Drug House, a crime punishable by up to 2 years in prison, and considered a felony for most purposes. Mr. L. agreed to plead guilty because his family members would not have been offered this same plea bargain if he did not plead guilty. Mitch took over the case and appealed all the way to the Michigan Supreme Court, gaining a reversal, and an order allowing Mr. L. to withdraw his guilty plea and demand his trial by jury. His conviction was reversed, and he avoided a felony on his record. The case was remanded to the District Court in Clinton Township. Mitch demanded a preliminary examination. The prosecutor caved in and agreed to dismiss all criminal charges.

Mitch advised his client to reject a misdemeanor plea bargain. After several months the prosecutor agreed to completely dismiss the case. Client was facing up to 5 years in prison and a $10,000 fine if convicted as charged of malicous destruction of property over $1,000. Instead, he is now able to move on with his life without any court supervision - free from jail time, fines, costs, or probation.

S. W. was charged in Oakland County with writing three bad checks in 10 days, a felony punishable by up to two years in prison. It turned out that a friend of hers stole one of her checks and her balance was $500.00 lower than she thought it was, causing her to bounce several checks. Because she didn't rat out her friend to the police, the police charged her with a crime. During the preliminary examination, Mitch cross examined the police officer that interviewed Ms. W. The cross examination revealed that the police report was filled with false assumptions and exaggerations. The police officer was found to be jumping to conclusions, rather than simply reporting the facts. Knowing the case was falling apart, the prosecutor's office offered a plea bargain to a misdemeanor. The district court judge and the prosecutor were both pressuring Mitch to convince his client to take a misdemeanor, but Mitch steadfastly refused to sell out his innocent client. The prosecution threatened to re-write the complaint to Obtaining Money by False Pretenses, a more serious felony but Mitch called their bluff and the case was dismissed. Ms. W. walked out of court with no criminal record, free from fines, costs and probation, and the possibility of incarceration.

A. W. was a teenager accused in Oakland County of Reckless Driving, a misdemeanor. If convicted, she would have faced probation in the juvenile court, and possible placement in juvenile detention. Mitch was able to persuade the police, prosecutor, and juvenile referee to dismiss the criminal charge of reckless driving, and have Ms. W pay a small fine for impeding traffic, a civil infraction with no points. This saved her and her family thousands of dollars in auto insurance premiums and 6 points on her driving record and a mandatory 90 day suspension of her driving license.

Mitch's client was facing charges of Home Invasion - 3rd Degree - at the preliminary examination a 36th District Court Judge in Detroit dismissed all charges.

Mitch's client was charged with domestic violence in Dearborn Heights. After Mitch investigated the case and appeared for court ready to proceed with a vigorous defense, the Wayne County Prosecutor's Office agreed to a full dismissal of the charges. This pretrial dismissal allowed Mitch's client to avoid jail, probation, and fines and costs and to keep from having a criminal record.

Mitch's client was charged with disorderly conduct in the 36th District Court in Detroit after an altercation outside of a nightclub in Detroit. Mitch negotiated an agreement with the Detroit City Attorney's office where his client's charge would be dismissed after 3 months of probation.

M. H. was charged with Larceny in a Building, a felony punishable by up to 4 years in prison, after stealing a camera from his friend's father. Mitch worked with the Oakland County Prosecutor's Office and Mr. H. was allowed to participate in the Oakland County Prosecutor's first offender program, a program designed for people without a criminal record to keep their record clear and free from criminal convictions, after completing a term of probation.

A judge in Farmington Hills dismissed a felony charge of Larceny in a Building against Mitch's client. The client was on parole and was facing a possible parole revocation if convicted of this charge. Now he is free to go home.

Mitch's client was charged in a 3 count criminal complaint - Felon in Possession of a Firearm, Felony Firearm, and Possession with the Intent to Deliver Marijuana. This was a result of a search warrant on a suspected drug house. Mitch demanded a preliminary examination and got the two testifying officers to admit that they never saw the defendant in possession of the shotgun and that the shotgun was never sent to the Michigan State Police crime lab for fingerprint analysis, and that they did not know who actually owned the home or who lived in the home. Mitch's client had been sitting on a couch in the living room when the police entered and the shotgun was found in the kitchen. Mitch prepared and filed a motion to quash (dismiss) the two felony gun charges. Rather than answering and defending against this motion, the Wayne County Prosecutor's Office dismissed both gun charges. Mitch's client then pleaded guilty in front of Wayne County Circuit Judge Craig Strong to Possession with Intent to Delivery Marijuana. At his sentencing, Mitch's client could be released on probation. If convicted of Felon in Possession of a Firearm, Mitch's client was facing up to 5 years in prison consecutive to Felony Firearm, and if convicted of Felony Firearm, Mitch's client would have been required to do a mandatory 2 year prison term.

Mitch's client was on probation for drunk driving and was facing his second probation violation charge at the 52-1 District Court in Novi. Just as he did in his first probation violation, Mitch's client was able to avoid jail time. Ultimately, he was able to complete his probation and get discharged from probation without jail time.

In the 67th District Court in Fenton, Mitch Foster gets client’s reckless driving charge dismissed. If convicted of this misdemeanor, client would have been assessed 6 points, had a mandatory suspension of driver license and faced up to 93 days in jail and up to 2 years court probation. Client agreed to plead responsible to a non-criminal civil infraction instead of the criminal offense of reckless driving.

J.B. was in prison for violating his probation. Mitch took over the case. After reviewing the file and the transcripts of the probation violation hearing, Mitch discovered several errors made by the prosecutor, judge, and defense attorney. An investigator was hired and interviewed several witnesses and determined that the rape allegations were a fabrication. Mitch appeared in court and successfully argued for a new probation violation hearing which was granted by the Mecosta County Circuit Judge. Before the new hearing was to begin, Mitch persuaded the county prosecutor to allow Mr. B to be released from prison and to be placed back on probation. All violation of probation charges were dismissed and Mr. B's probation was reinstated.

Mitch's client had taken bad advice from an appointed attorney in Oakland County to plead no contest to resisting police. Before he was sentenced, the client hired an excellent attorney who wanted to take this case to trial. Before anything could happen, the no contest plea had to be withdrawn. Mitch filed a motion to withdraw his client's no contest plea arguing that his client was innocent and that the police had made an illegal arrest and that the previous attorney was ineffective for giving bad advice to the client about the client's ability to sue the police. Oakland County Circuit Court Judge Shalina Kumar granted Mitch's motion. Later, Judge Kumar granted a motion to quash finding that the officer did not have any grounds to make an arrest. Case dismissed.

Y. C. was one of several bank employees that were asked to submit to a polygraph done by a police officer. She consulted with attorney Mitch Foster. Mitch told the police that she was not guilty, and would not submit to a polygraph. She was never charged with a crime, and didn't have to submit to a polygraph examination as was requested of her.

H. C. was investigated by the Oakland County Sheriff for Criminal Sexual Conduct. Wisely, Mr. C. hired Mitch and consulted with Mitch about whether or not he should talk to the police. Mitch told him absolutely not. No statements were made, no charges were filed, and Mr. was saved from the possibility of jail, prison, fines, costs, registering as a sex offender, and being a convicted felon.

Mitch’s client had been facing a first-degree home invasion charge but was given a delayed sentence with a reduction after the delay period to misdemeanor malicious destruction of property. At the final delayed sentence hearing, the complainant – an ex-girlfriend – accused the client of having online contact with her. The client passed a polygraph test on the contact issue, and Judge Matthews abided by the terms of delayed sentence, resulting in a misdemeanor conviction

Mitch appealed his client's three felony convictions out of Berrien County after another attorney from Grand Rapids did a poor job representing the client at his jury trial. Mitch filed a motion to remand in the Court of Appeals which was granted. Then Mitch filed a motion for a new trial. An evidentiary hearing (Ginther hearing) was held where Mitch cross examined his client's trial attorney, exposing numerous instances of ineffective assistance of trial counsel, which prejudiced the client, denying him his constitutional right to a fair trial. Judge Angela M. Pasula of the Berrien County Trial Court agreed with Mitch's arguments and granted his client a new trial and vacated all of his convictions.

E. L., a college bound high school senior, was arrested by the White Lake Police and charged with Reckless Driving in Oakland County. Mitch worked out a plea agreement with the township attorney and the district court judge where the case would be dismissed after a period of probation. Mitch then successfully motioned the court to terminate probation early, so that Ms. L. could begin her college career without being on probation and without a criminal record, and no points on her driving record. The case was dismissed.

J. W., a mortgage loan officer and branch manager for a Southfield mortgage company, was charged with 4 counts of Felony Embezzlement. After a preliminary examination was held in the Southfield District Court, Mitch was able to reach a plea bargain agreement with the Oakland County Prosecutor's Office where all 4 counts were reduced to misdemeanors, keeping Ms. W free from a felony on her record, and allowing her to be put on misdemeanor probation, without being required to serve any jail time.

R. V. was convicted in Chippewa County of multiple counts of Assault with Intent to Commit Great Bodily Harm Less Than Murder. Mitch took over the case on appeal and filed a motion for boot camp. The Chippewa County Circuit Judge in Sault Ste. Marie granted this motion, and ordered that Mr. V. be considered for boot camp. The Michigan Department of Corrections was then able to screen and place Mr. V. in boot camp if he qualified. This is always an important consideration, because once a prisoner completes the three month boot camp, the prisoner gets an automatic parole.

Mitch appeared in Clinton County Circuit Court in St. John's Michigan for a re-sentencing for his client. His client was given minimum sentences of 9 years in prison. Previously, the client had been given three concurrent 15 year minimum sentences for breaking and entering and unlawfully driving away an automobile. Mitch appealed the original sentences to the Michigan Court of Appeals, and the Court of Appeals ordered a remand for a re-sentencing because his client's sentencing guidelines were incorrectly scored. Client will be eligible for parole in 2026, rather than his previous parole eligibility date in 2032

Judge Roy C. Hayes, III of the 33rd Circuit Court in Charlevoix County re-sentenced Mitch's client to a minimum prison sentence of 7 years for her assault with intent to murder conviction. Mitch appealed her original 12 year minimum sentence imposed by the previous judge and won a remand from the Court of Appeals on constitutional grounds. Mitch then persuaded Judge Hayes to re-sentence his client. With over 5 years credit for time served, she will become eligible for parole in September 2020, rather than September 2025.

C. S. was serving an 18 month to 10 year prison sentence for embezzling over $500,000.00 from her former employer. Mitch appealed her sentence, arguing that her sentence guidelines were improperly scored. The Circuit Court Judge and the Prosecuting Attorney in Charlevoix County agreed with Mitch that the sentence guidelines were scored improperly. The judge ordered a re-sentencing and re-sentenced Ms. S. to a period of 10 months in the Charlevoix County Jail, giving her credit for time served and putting her on probation. She regained her freedom, and was reunited with her family after serving nearly a year in prison.

S. Z. pleaded guilty to Felony Third Offense Drunk Driving in Oakland County and was serving a 3 to 10 year prison term with the Michigan Department of Corrections. Mitch appealed Mr. Z's guilty plea and found a defect in the plea process. Mitch persuaded the Oakland County Circuit Court Judge to allow Mr. Z. to withdraw his guilty plea. Mr. Z. later pleaded guilty to the same offense with a sentencing agreement of 30 months to 10 years, making him eligible for parole 6 months sooner than his previous sentence.

S. J. was serving a 2 to 4 year prison term after pleading guilty to felonious assault. Mitch appealed Mr. J's sentence. Mitch found out that the sentencing guideline calculations were improperly scored and Mr. J's previous attorney had not challenged them. Mitch was able to persuade the sentencing judge to correct Mr. J's sentence. After serving over 500 days in prison, the Wayne County Circuit Court Judge re-sentenced Mr. J. to 1 year in the Wayne County Jail, credit for time served and probation. Mr. J. was then released from prison.

After a thorough, aggressive, and effective defense, the Oakland County Prosecutor dismissed Felonious Assault charges against Mitch’s client.

D. D., a Waterford teenager, was pulled out of his school one day by the Waterford Township Police, and accused and charged with Possession of Marijuana. Mr. D. maintained his innocence and Mitch demanded a jury trial for his client. After Mr. D. went to the Oakland County Sheriff Department and submitted his fingerprints for comparison, it was revealed that there was not a match with the booking fingerprints taken by the youth that was actually arrested and booked by the Waterford police. It was a case of mistaken identity that could have led to a false conviction. Even after this mistake was revealed, the Oakland County Assistant Prosecutor still wanted to take Mr. D to trial, but the forensic fingerprint examiner was able to persuade her that there was no match on the fingerprints. All charges were dismissed by an Oakland County Circuit Judge on the day of trial.

J. W. was charged with felony possession of narcotics. A plea bargain was reached with the Wayne County Prosecutor's Office where the felony was dismissed and Mr. W. was able to plead guilty to a misdemeanor, which allowed him to stay out of jail, keep his job, and remain free from a felony conviction on his record.

Mitch's client had previously pleaded guilty in Kalamazoo County Circuit Court to maintaining or operating a meth lab, a felony punishable by up to 20 years in prison. The inducement for this plea was a promise to get "swift and sure" drug court probation - this was a Cobbs agreement with the judge. At sentencing, the prosecutor accused the defendant of misconduct while in jail and sentenced the defendant to 88 months to 20 years in prison and did not permit the defendant to withdraw his guilty plea. Mitch took on the appeal seeking to allow his client to be able to withdraw his guilty plea. On October 29, 2015 the Michigan Court of Appeals reversed the lower court in Kalamazoo and ruled that Mitch's client be given the opportunity to withdraw his guilty plea and go to trial. Often people plead guilty when they are not in fact guilty - for a variety of reasons. Sometimes, like this case, there is a promise for a really good deal. Other times, a defendant is tricked by his or her own attorney into pleading guilty. It is rare to get a guilty plea withdrawn, but it can be done in some cases.

Mitch negotiated a plea bargain for his client who was facing 3 felony counts (1 count of felonious assault and 2 counts of resisting and obstructing police officer) and 1 misdemeanor count, so that his client ended up with only 3 misdemeanors (1 count of misdemeanor domestic violence and 2 counts of attempt - resisting and obstructing police) at the Allegan County Circuit Court in Allegan. A misdemeanor is defined as an offense having a maximum possible penalty of not more than 1 year in jail. Prosecutor Fred Anderson approved this reduction before a trial was scheduled in front of Judge Kevin Cronin and after multiple court hearings. This plea bargain allowed his client to not have a felony on his record.

C. S. was serving a prison term for fraudulently using someone else's credit card and for being a habitual offender. Mitch appealed Mr. S's sentence. After thoroughly reviewing the court records, transcripts, and presentence investigative report, Mitch found that the sentencing guidelines were improperly scored, and that Mr. S's previous attorney did not object to the scoring of these guidelines, and that Mr. S. should have been given no longer than a 12 month jail sentence. After serving nearly 2 years in prison, Mitch persuaded the Macomb County Circuit Court Judge to resentence Mr. S. to 12 months in the Macomb County Jail, with credit for time served and probation. Mr. S. was then released from prison and placed on probation. He was able to enjoy freedom, rather than being in the prison system at the mercy of the parole board.

W. C. was placed on probation for Attempt Assault with Intent to Commit Sexual Penetration. He later pleaded guilty to violation of probation and was sentenced to 2 to 5 years in the Michigan Department of Corrections. Mitch appealed Mr. C's conviction for violation of probation. The guilty plea to violation of probation was not taken properly and Mitch persuaded the Genesee County Circuit Court Judge to allow Mr. C. to withdraw his guilty plea to violation of probation and allow him to have a hearing. Once the plea was withdrawn, Mr. C 's 2 to 5 year prison sentence was vacated. Mr. C. was later discharged from probation and released from prison. The plea withdrawal allowed him to gain his freedom about 3 years ahead of schedule.

Mitch appealed his client's murder case to the Michigan Supreme Court because the Wayne County Prosecutor's Office and the Detroit Police Department withheld evidence favorable to the defense (Brady evidence) before trial and because of new evidence discovered of a new eyewitness to the shooting. The Supreme Court remanded the case to Wayne County for an evidentiary hearing on the Brady violation and the new evidence.

Mitch's client was previously sentenced to 8 to 30 years for two armed robbery convictions in Oakland County. Mitch appealed these sentences and convinced the prosecutor to agree to a re-sentencing. Mitch's client was then re-sentenced to 6 to 30 years in prison. He is now eligible to be released from prison two years earlier.

L. B. was charged with a violating a Birmingham city ordinance for not fixing her house and keeping it up to code. Mitch aggressively represented her and demanded a jury trial. Rather than try to fight this poor homeowner and her attorney, the city backed down and dismissed the case.

Mitch represented an honorably discharged U.S. Army veteran and negotiated a reduction of felony larceny in a building to a less serious misdemeanor larceny with probation, restitution, and no jail time. There is no longer any risk of a felony conviction in this case.

Mitch persuaded the Oakland County Prosecutor’s Office to enter into a plea bargain to have his client’s felony resisting and obstructing police charge reduced to a misdemeanor, enabling Mitch’s client to keep his record clear of a felony and to keep his job.

Mitch was prepared for trial, but at a pretrial conference in the Oakland County Circuit Court before Judge Rae Lee Chabot, Mitch's client agreed to plead no contest to a reduced charge of disturbing the peace, a misdemeanor - with an agreement to serve a period of probation with no time in jail. The original charge was fleeing the police - third degree - a felony which is punishable by up to 5 years in prison. This felony was dismissed by the Oakland County Prosecutor in exchange for the misdemeanor plea.

Mitch's client was originally charged with Larceny over $20,000.00 for the alleged theft of township property, a felony punishable by up to 10 years in prison. After conducting a preliminary examination, thorough investigation through the use of a private investigator and Freedom of Information Act Requests, and multiple trips to court, the Livingston County Prosecutor agreed to reduce the charge to a misdemeanor. Mitch's client was then sentenced by Livingston County Circuit Court Judge Michael Hatty to a fine with costs and restitution but with no probation and no jail time. He remains a free man, without a felony conviction on his record - and can now enjoy hunting season without any restrictions on his right to bear arms.

An Oakland County Judge dismissed violation of probation charges against Mitch’s client. Client had been on probation for Home Invasion – First Degree and was facing up to 20 years in prison if convicted of this probation violation.

Mitch's client was originally charged with armed robbery, a felony punishable by up to LIFE in prison in Wayne County Circuit Court. At the preliminary examination date at the 19th District Court in Dearborn, Mitch persuaded the assistant Wayne County prosecutor to reduce the charges from Armed Robbery to Home Invasion - First Degree.Mitch was then able to persuade the prosecutor to a further reduction to Home Invasion - Second Degree, a felony punishable by not more than 15 years in prison. At sentencing, Wayne County Circuit Court Judge Megan Maher Brennan agreed to sentence Mitch's client to only 1 year in prison under HYTA (the Holmes Youthful Trainee Act).This result will give Mitch's client the opportunity to continue with his life without a felony conviction if he successfully completes his prison term and probation. HYTA is a provision for youthful offenders (aged 17 to 20 years old on the date of the offense) that allows for certain offenses to be dismissed upon successful completion of probation. HYTA is available only at the sentencing judge's discretion, but is not available for certain offenses such as capital crimes, sex crimes, and traffic/drunk driving offenses. Armed Robbery is a capital crime, so Mitch's client would not have been eligible for HYTA if he wasn't granted the plea bargain to home invasion.

Mitch's client was facing a violation of his felony probation. A circuit court judge in Oakland County discharged Mitch's client from probation without imposing any jail time.

Mitch's client was charged in Wayne County with 2 felony counts: (1) Malicious Destruction of Property $1,000 or more but less than $20,000.00; and (2) Possession of Metallic Knuckles - Dangerous Weapon. It was critical that the client remain felony free to preserve his employment. The case was set for trial before Wayne County Circuit Court Judge Dana Margaret Hathaway. Four days before trial both felony counts were dropped and Mitch's client pled guilty to one misdemeanor. This saved his job.

Mitch's client's ex-wife attempted to have a personal protection order entered against him. Mitch was able to persuade the ex-wife's attorney that her client's PPO petition was frivolous so the ex-wife decided to agree to dismiss her PPO petition

Mitch's client, originally charged in Oakland County with Home Invasion First Degree, a twenty year felony, was sentenced by a Clarkston judge to probation with no jail time, after pleading guilty to a reduced charge of misdemeanor aggravated assault.

Mitch's client had been sentenced to prison for a term of 29 months to 15 years for home invasion second degree and 29 months to 10 years for breaking and entering by Gladwin County Circuit Court Judge Roy Mienk. Mitch appealed and filed a motion to withdraw his client's plea. This motion resulted in a negotiation with the Gladwin County Prosecutor and with Judge Mienk for a re-sentencing to a minimum sentence in both cases to 24 months in prison which resulted in Mitch's client being eligible for prison boot camp. Mitch's client has now completed boot camp and has been released from prison and was placed on parole.

W. B. was charged with Home Invasion - First Degree, a 20 year felony. He was facing a minimum prison term of 7 years. During trial, Mitch was able to negotiate a plea agreement where Mr. B would be able to be released from prison after serving only 26 months if he was granted parole. Mr. B., likely would have been acquitted of the Home Invasion charge, (after the trial several jurors agreed that they would not have convicted on home invasion) but decided to take the sure thing and plead guilty before the trial was over to a guaranteed lesser sentence, rather than risk a minimum prison term of 7 years. Mr. B now has his parole and is a free man.

Mitch’s motion to withdraw client’s guilty plea granted – felony conviction on weapons charge reversed by Chippewa County Judge.

Mitch filed a motion in Crawford County Circuit Court in Grayling in front of Circuit Judge Janet Allen requesting that his client be removed from Michigan's Sex Offender Registry. After determining that the victim was 13 years old but less than 16 years old and that the client and his victim's age difference was within 4 years and that there was no force used to engage in sexual intercourse, Judge Allen signed an order removing Mitch's client from the sex offender registry. This order was sent to the Michigan State Police Sex Offender Registry Unit and on March 29, 2012, Mitch's client was sent a letter from the State Police informing that he had been successfully removed from the registry and that he no longer had to register as a sex offender.

Mitch's client was convicted of criminal sexual conduct - fourth degree and sentenced to 30 days in jail and five years of probation. One of his probation conditions was that he could not live or work within 1,000 feet of a school. Mitch filed a motion with Judge Suzanne Geddis to remove this condition because it was unconsitutional under the due process clause of the Fourteenth Amendment. The Livingston County Prosecutor's Office and the judge both agreed to remove this onerous probation condition. Now Mitch's client no longer needs to make sure that he keeps 1,000 feet away from any school and no longer has these restrictions on his life.

Client re-sentenced in Wayne County after a successful appeal of his sentence - original sentence of 90 months to 15 years for home invasion second degree was reduced to a sentence of 60 months to 15 years - a 30 month reduction on the minimum sentence

Mitch appeared in court at the Bay County Circuit Court for a re-sentencing after a successful appeal to the Michigan Court of Appeals of the sentence that Judge Joseph K. Sheeran imposed for his client's unarmed robbery conviction that exceeded the sentencing guidelines (a departure sentence). Upon re-sentencing, Mitch pointed out the positive qualities and attributes of his client and persuaded Judge Sheeran to not depart above the guidelines. Mitch's client had previously been sentenced to 100 months to 15 years in prison. Upon re-sentencing, Mitch's client received a reduced minimum sentence of 86 months in prison, a reduction of 14 months. The judge at re-sentencing agreed to not exceed the sentencing guidelines for Mitch's client. This means that this client will be eligible for parole and to be released from prison 1 year and 2 months earlier than his previous earliest release date (ERD).

Mitch's client was sentenced to 45 days in jail and probation with Oakland County's Adult Treatment Court by Judge Colleen A. O'Brien after a conviction for operating while intoxicated - third offense (a felony). This sentence was based upon a sentence agreement for not more than 45 days in jail. Mitch's client was facing up to life in prison as a habitual fourth felony offender, with sentencing guidelines which called for up to 46 months as a minimum prison sentence.

Saginaw County Circuit Court Judge Fred L. Borchard re-sentenced Mitch's client to a minimum sentence of 60 months to a maximum sentence of 15 years for a conviction for assault with intent to commit great bodily harm less than murder - after a successful appeal to the Court of Appeals. Mitch's client had originally been sentenced to a 95 month minimum sentence sentence and then re-sentenced to an 83 month minimum sentence. With jail credit Mitch's client's ERD (earliest release date) has been moved up to February 11, 2014 - this means that he can be paroled and released from prison on that date.

S. D. was serving a 9 month sentence in the Mecosta County Jail after a plea based conviction for drug possession. Mitch filed a motion for a 25% reduction in jail time and appeared in the Mecosta County Circuit Court in Big Rapids to argue on behalf of Mr. D. The judge granted the motion, releasing Mr. D. that same day, putting him on “day reporting” status.

Mitch's client was sentenced to a prison term by Oakland County Circuit Court Judge Leo Bowman of 71 months to 270 months for a criminal sexual conduct - second degree conviction. Mitch appealed this sentence by filing a motion to correct an invalid sentence because of the "10 year gap" rule that applied to the Michigan Sentencing Guidelines. Judge Bowman agreed to a re-scoring of the guidelines and to a re-sentencing and re-sentenced Mitch's client to a new prison sentence of 48 months to 270 months, a 23 month reduction in the minimum term that his client has to serve.

Mitch’s successful appeal of a felony drunk driving sentence in Jackson County resulted in the Jackson County Circuit Judge re-sentencing Mitch’s client to 19 months to 90 months in prison, instead of having to serve a sentence of 28 months to 90 months. This means he will be eligible for parole after serving 19 months, and could be released from prison 9 months sooner than his original minimum sentence of 28 months.

Mitch filed a motion to correct his client's judgment of sentence to increase the jail credit his client received. A judge in Calhoun County agreed that Mitch's client was entitled to an additional 184 days of jail credit. This means that Mitch's client will be eligible to be released from prison 6 months sooner than the original sentencing order required.

Mitch's client had been sentenced to 5 1/2 to 25 years in prison for criminal sexual conduct - first degree with the requirement that when he is released from prison he will be required to submit to lifetime electronic monitoring. Mitch appealed this part of his client's sentence by filing a motion to correct an invalid sentence before Oakland County Circuit Judge Leo Bowman, claiming that the monitoring requirement was a violation of the ex post facto clause of the Michigan and United States Constitutions. The Oakland County Prosecutor and Judge Bowman agreed and Mitch's client's judgment of sentence was removed to elimate the requirement of lifetime monitoring. This saved his client (in his 20's) from decades of being monitored and tracked electronically by the state.

Mitch's client was released early from probation after Mitch filed a motion to terminate probation and represented his client at a hearing in front of Judge Brian MacKenzie in the 52-1 District Court in Novi.

A three judge panel of the Michigan Court of Appeals unanimously overturned Oakland County Circuit Judge Wendy Potts and 48th District Court Judge Marc B. Barron (Bloomfield Township) - reversing the possession of marijuana conviction of Mitch's client, suppressing the evidence and remanding the case for a new trial because of an illegal and unreasonable search and seizure by a Keego Harbor police officer in violation of the 4th Amendment of the United States Constitution (part of our bill of rights as Americans). Without evidence of marijuana, the prosecution will now be forced to dismiss the case.