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Mark Foster is an experienced and respected criminal defense attorney who focuses on felony defense in federal and state court. He is a Board Certified Specialist in Federal and State Criminal Law. He has tried some of the most serious, lengthy, and complex criminal trials in federal and state court that have taken place in Charlotte during the 15 years that he has practiced here. During his 29 years of practice in North Carolina, California, and the military, Mr. Foster has tried over 120 jury trials and hundreds of bench trials, has litigated hundreds of motions, and has handled dozens of appeals.
PROFESSIONAL
Mr. Foster graduated with a bachelor’s degree in International Relations from the University of Southern California in 1978 and next graduated from the UCLA School of Law in 1981. He served for over five years as a deputy district attorney in Orange County, California, where he prosecuted felonies and misdemeanors in superior and municipal court. Mr. Foster also served as an active duty Marine Corps officer from 1984 to 1987, serving as a judge advocate representing Marines in court-martial trials. He then served in the Reserves until retiring as a Lieutenant Colonel in 2004.
Mr. Foster also gained valuable experience as a business litigation attorney with Palmieri, Tyler, Wiener, Wilhelm & Waldron in Irvine, California, from 1988 to 1990 and as a Trial Attorney in the Office of General Counsel of the National Credit Union Administration in Washington, D.C. from 1993 to 1995.
Since relocating to Charlotte in 1995, Mr. Foster has practiced primarily criminal defense in state and federal court. Mr. Foster has obtained a number of notable trial victories, including the following highlights. In U.S. District Court in 2009, Mr. Foster obtained not guilty verdicts on all 28 counts charged against his client, a podiatrist, following a two-week jury trial on federal drug distribution conspiracy charges involving an Internet pharmacy operation. In Mecklenburg County Superior Court in 2008, Mr. Foster obtained a jury verdict of not guilty on a second degree murder charge premised on a drunk driving death, and the client was convicted only of the less serious offense of involuntary manslaughter. In 2007, Mr. Foster obtained jury acquittals on felony cocaine and oxycodone possession charges for his client in a Mecklenburg County Superior Court trial. In U.S. District Court in 2006, Mr. Foster obtained dismissal of all federal charges against his client by winning a motion to suppress evidence unlawfully found and seized by police.
In U.S. District Court in Statesville in 2005, Mr. Foster obtained not guilty verdicts from the jury on all 14 counts charged against his client in a federal investment fraud case. Later in 2005, Mr. Foster obtained a jury acquittal on a federal drug conspiracy charge in U.S. District Court and the client was convicted only of the possession charge. In Mecklenburg County Superior Court in 2004, Mr. Foster obtained dismissals of all robbery charges against his client by winning a motion to suppress his client’s statements based on police violations of his client’s rights during arrest and interrogation.
In a Mecklenburg County Superior Court jury trial in 2002, Mr. Foster obtained not guilty verdicts for his client on all 14 counts of felony check fraud. Also in 2002, Mr. Foster obtained a jury acquittal of his client on attempted murder and the client was convicted only of misdemeanor assault. Finally, after a three-week jury trial in U.S. District Court in 2001, Mr. Foster obtained not guilty verdicts on all counts for his client charged in a federal drug conspiracy, home invasion robbery and murder case where the client would have been sentenced to mandatory life without parole if convicted.
On the appellate side, Mr. Foster has successfully appealed the thirty-year sentence of a client who was convicted in federal court by getting the U.S. Supreme Court to vacate his sentence and remand for a new sentencing hearing at which the client eventually received a reduced sentence of 16 years. Mr. Foster has briefed dozens of appeals and has presented oral arguments before the following courts: U.S. Court of Appeals for the Fourth Circuit; North Carolina Supreme Court; U.S. Court of Appeals for the Armed Forces (formerly U.S. Court of Military Appeals).
In 2011, Mr. Foster joined Eben Rawls, Tony Scheer and Amanda Mingo to form the law firm of Rawls, Scheer, Foster & Mingo, PLLC.
PERSONAL
Mark Foster grew up in Southern California and ended up on the East Coast as a result of his Marine Corps service. He met his wife in Washington, D.C, and they relocated to Charlotte in 1995, where they have been raising their four children. Mr. Foster’s interests include traveling, running, tennis, reading, and spending time with his wife and children.
CERTIFIED LEGAL SPECIALTIES
BAR ADMISSIONS
EDUCATION
PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS
BAR LEADERSHIP POSITIONS
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