Case Results » Other

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.

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

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.

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.

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'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.

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

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.

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.

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 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.

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 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.

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 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, 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.

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.

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.

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 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.