Case Results » Dismissals

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 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

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.

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

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.

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.

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.

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 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.

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.

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.

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.

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.

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 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'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