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Excellence in

Criminal Defense

Excellence in Criminal Defense

Michigan Criminal Defense Law Firm

Few things are as stressful as facing criminal charges. Even if you are completely innocent, being charged with a crime can be intimidating, embarrassing, and isolating. When you don’t know what to do next, you need the guidance of an effective Michigan criminal defense law firm.

With over 30 years of experience in criminal defense, attorney Mitch Foster is your trusted guide, helping you navigate the justice system. He advocates for you every step of the way, and he listens to you: your story, your concerns, your needs.

At Mitch Foster Law, we don’t just see your case file or your charges; we see you. We understand what is at stake for you, and we go the extra mile to provide the best legal defense for your unique needs. That includes thorough investigation, creative strategy, meticulous preparation, and powerful advocacy.

Our criminal defense law firm is committed to achieving the best possible outcome in your case. We have the experience, resources, and expertise to get the job done.

Practice Areas

Our law firm provides the focused advocacy our clients need in state and federal criminal defense matters throughout Michigan.

Meet Criminal Defense Attorney Mitch Foster

Prepared to Protect

Mitch Foster has been practicing law since 1992. He practices exclusively in the area of criminal defense and criminal appeals, representing clients in state and federal courts throughout Michigan.

Mitch has helped clients facing a wide range of felony and misdemeanor charges. He works tirelessly to get the best result for his clients, whether that means getting a case dismissed, negotiating for a favorable plea bargain or sentence agreement, or pursuing an acquittal at trial.

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What Our Clients Say

The Criminal Justice Process

Common Questions

Can a case be dismissed at a pretrial conference?

Yes. A prosecutor can dismiss a case at any time. Sometimes a case can be dismissed at a pretrial conference. Usually for a prosecutor to dismiss a case at a pretrial conference, the defense attorney will need to present a compelling reason to dismiss the case.

For some misdemeanors, ther…

Can you be taken to jail at an arraignment?

Yes. Depending on the seriousness of the charge and your background, you could go to jail at the arraignment.

In most cases, a bond is set and if you are able to post bond you can avoid going to jail. The amount of bond varies, based on the nature of the charged offense and the background…

Can you go to jail at a pretrial conference?

Yes, but that typically does not happen if you have complied with your bond conditions. There are many ways to violate bond conditions, such as being arrested for a new crime or leaving the state of Michigan without prior court permission. Speak to your criminal defense attorney to make sure you und…

How can I find out if I have a warrant?

If you suspect you might have a warrant that could result in immediate arrest, the safest option is to contact a lawyer. They can look up any outstanding warrants for you. You can also contact the District Court clerk in the city where the crime was allegedly committed. Be aware that if you have any…

How does a grand jury work?

The grand jury process is used to charge defendants with federal (and in rare cases, state) crimes. The purpose of a grand jury proceeding is for the government to produce enough evidence to prove probable cause for the grand jury to return an indictment against a defendant.

A grand jury…

Should I plead guilty?

The decision to plead guilty depends on the facts of your case, and should be made only after consultation with an experienced criminal defense attorney. Your attorney can advise you of all your options and alternatives to pleading guilty, such as going to trial, seeking a dismissal of charges, plea…

What happens after arraignment?

After the arraignment on a Michigan felony case, the case proceeds to a probable cause conference and then to a preliminary examination. If probable cause exists after the preliminary examination, the case is “bound over” from the District Court to the Circuit Court for trial.

After t…

What happens when you get arrested?

You must submit to a physical pat-down search and some of your property may be seized by police. If taken to jail, you will undergo a more thorough search as part of the booking process. Police are not required to “read you your rights” unless you are in custody and they are questioning you.<…

What is a bail hearing or a bond hearing?

A bond hearing in Michigan is a court proceeding at which a judge decides whether someone accused of a crime can be released from custody and under what conditions. This hearing usually takes place shortly after arrest, but may be later. The amount of bond (often called “bail”) depends on factor…

What is a bench trial?

A bench trial is a trial where only the judge decides the facts and determines if the accused is guilty or innocent. A bench trial can only occur if the defendant and the prosecutor both waive the right to a jury trial.

A person should never waive his or her right to a jury trial unless h…

What is a hung jury?

A hung jury occurs when jurors cannot reach a unanimous verdict. If the judge determines they are deadlocked, a mistrial is declared. This does not dismiss the charges—the prosecutor may choose to retry the case.

What is a jury trial?

Every person charged with a crime has a constitutional right to a jury trial. Those charged with a misdemeanor have a right to a jury trial with a jury of no fewer than six people. If charged with a felony, the jury has no fewer than twelve people. All twelve jurors in a felony case and all six j…

What is a preliminary examination?

Probable cause is required for a felony case to proceed to trial. A preliminary examination is an evidentiary hearing where the prosecutor presents witness testimony to prove probable cause. The defense has an opportunity to cross-examine each witness at this hearing. At the end of the preliminary e…

Are police allowed to trick or deceive people to get them to talk?

Yes, and they often do. That is why it is critical to talk with an experienced criminal defense attorney first before talking to the police.

What is a pretrial conference?

A pretrial conference is a court hearing held after the initial complaint but before the trial. It may take place in person or via video, depending on the judge. Its main purpose is to update the judge on the status of the case—whether a plea will be entered or the case will go to trial. It also a…

I did it, do I still need a lawyer?

Yes. Anytime you are accused or charged with a crime you need a lawyer. People can be acquitted by a jury even if they may have actually committed the crime. A good criminal defense attorney can successfully represent you in many different ways, including plea bargaining and sentence negotiation.…

What is a probable cause hearing?

A probable cause conference (PCC) is the next court hearing after an arraignment on a felony case. This is a hearing held in the District Court where you and your attorney decide if you wish to hold a preliminary examination. This is an evidentiary hearing where witnesses testify to prove to the jud…

If I'm charged with criminal sexual conduct, can my children be taken away from me?

Yes. Often there is a separate investigation with child protective services that could result in the temporary removal of your children from your home, or even the termination of your parental rights. This investigation and legal proceeding is different from a criminal case. You have certain righ…

What is an arraignment?

An arraignment is a court appearance at which the judge or magistrate formally reads the charges against you. At your arraignment, you will make your initial plea of “guilty” or “not guilty.” For state law crimes, arraignment is often the same day or day after you have been arrested. For fed…

What if I am with someone else and that person commits a crime, can I get in trouble?

Yes. You could actually be charged with a serious felony even if you weren't the person who committed the crime. You could be accused of aiding and abetting and could be charged as an accomplice.

What is an indictment?

When someone is “indicted” it means they have been charged with a crime, usually in federal court. Indictment is a term which references the charging document in a federal criminal case. The charging document informs the accused what federal offenses he or she is accused of.

To obtain…

What if the police tell you, “we just want to clear things up” or “we just want your side of the story” what should I do?

Speak with an experienced criminal defense lawyer first.

What is booking?

The booking process includes recording your personal information, conducting a medical screening, taking your mugshot, collecting a DNA sample and fingerprints, and documenting any personal property you have with you at the time of arrest.

When should I talk to the police?

Never. You should always talk to your lawyer first before talking to the police. Your lawyer can make arrangements for you to speak with the police if it is in your best interest.

What is discovery?

Discovery is a process where the prosecutor and the defense share their evidence with each other before trial. The defense has a right to review all of the evidence the prosecutor and law enforcement have in order to be able to prepare a defense.

If the prosecutor withholds evidence from…

When should I hire a criminal defense attorney?

A criminal defense attorney can help you at any stage of the legal process, even after a conviction. However, the earlier you hire an attorney, the better. If you are under investigation by the police or have been arrested, contact an attorney right away to protect your rights.

Won't it be better for me if I just tell the truth?

Usually not. You always have the option of not saying anything. Sometimes your own words or statements are the strongest evidence the police have against you. You have an absolute right under the 5th Amendment of the U.S. Constitution to remain silent and refuse to answer anybody's questions abou…

Why should I hire a criminal defense attorney?

Your attorney is the only person standing between you and the immense resources of the criminal justice system. Your attorney protects your constitutional rights, strategizes for a more effective defense, guides you through the process, and negotiates and advocates on your behalf. Having an experien…

I’m not happy with my attorney. Is it too late to hire Mitch Foster?

It is important to have a good working relationship with your attorney. If you are considering a change, it is in your best interest to do this as early as possible in the process.

You may want to change attorneys for a variety of reasons.

You no longer trus…

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