Mark A. Foti

Mark A. Foti

Attorney Profile

Top Rated Criminal Defense Attorney in Rochester, NY

The Law Office of Mark Foti
 | 16 West Main Street, Suite 236
Rochester, NY 14614
Phone: 585-461-1999
Selected to Rising Stars: 2015 - 2017
Licensed Since: 2011
Practice Areas:
  • Criminal Defense (50%),
  • Criminal Defense: DUI/DWI (30%),
  • Criminal Defense: White Collar (20%)

About Mark Foti

Admitted: 2011, New York

Professional Webpage: http://www.markfoti.com/experience.html

Honors and Awards:

  • Super Lawyers Rising Star, Thomson Reuters, 2015
  • Top 10 Criminal Defense Attorneys Under 40 in New York, National Academy of Criminal Defense Attorneys, 2014
  • James M. Kieffer Trial Excellence Award: "This award is presented to the member of the graduating class whose proficiency in trial advocacy has been most outstanding.  Selection is based on performance in both coursework and trial competitions.", James M. Kieffer Trial Excellence Award, University at Buffalo Law School, 2009
  • Best Advocate Award: Awarded to the Best Advocate of the National Trial Advocacy Competition, Preliminary Rounds, Region II Tournament, Brooklyn, NY., Best Advocate Award, New York State Bar Association, 2009
  • Law Faculty Award: Awarded for "Oustanding Contributions to the Law School and Participation in the Hurricane Katrina Service Project.", Law Faculty Award, University at Buffalo Law School, 2008
  • Robert J. Connelly Award: Awarded for "Excellence in Trial Advocacy.", Robert J. Connelly Award, Western New York Trial Lawyers Association, 2008

Bar/Professional Activity:

  • American Bar Association | ABA, Criminal Justice Section, 2015
  • New York State Bar Association | NYSBA, Criminal Justice Section, Executive Committee, 7th Judicial District Represenative , 2015
  • Monroe County Bar Association | MCBA, Criminal Justice Section, Chair, 2015 - present | MCBA, Young Lawyers Section, Member, 2013 - present

Scholarly Lectures and Writings:

  • DWI Basics: In-house trainer for new attorneys at the Monroe County Public Defender's Office, Instructor, Continuing Legal Education, 2015
  • Driving While Intoxicated: course open to attorneys within Monroe County, Instructor, Continuing Legal Education, 2014
  • DWI Litigation - Taking on the Breath Test: Course offered in Livingston County on the topic of chemical test suppression, Instructor, Continuing Legal Education, 2013
  • Multiple DWI Offenses: Relicensing & Collateral Consequences at the NYS Dept of Motor Vehicles: course in Monroe County reviewing the new DMV rules and regulations regarding offenders with multiple drinking/driving violations, Instructor, Continuing Legal Education, 2012
  • DWI & DMV Consequences: Lecture given as part of a CLE conference in Ontario County, NY. , Instructor, Continuing Legal Education, 2012

Verdicts and Settlements:

  • People v. A.G. | Outcome: Not Guilty of all charges | Description: One-week violent felony jury trial in Monroe County Supreme Court for charges of Criminal Possession of a Weapon in the Second Degree. Defendant faced up to fifteen years in prison. The jury deliberated for approximately twenty minutes before acquitting the defendant of all charges., 2015
  • People v. D.M. | Outcome: Not Guilty of DWI, convicted of traffic infraction only | Description: DWI Bench Trial in a Erie County Justice Court involving a breath test result of .15. Acquitted of DWI, and only convicted of the lesser violation of DWAI., 2015
  • People v. T.K. | Outcome: Not Guilty of DWI, convicted of traffic infraction only | Description: DWI Bench Trial in a Monroe County Justice Court involving a motor vehicle accident. Acquitted of DWI and only convicted of the lesser violation of DWAI., 2015
  • People v. T.J. | Outcome: Not Guilty of all charges | Description: DWI Bench Trial in a Monroe County Justice Court. Acquitted on all charges including the DWAI traffic infraction., 2015
  • People v. D.B. | Outcome: Not Guilty of all charges after trial | Description: Defendant charged with two counts of Criminal Possession of a Weapon in the Second Degree for allegedly possessing two handguns inside of a motor vehicle. Following a bench trial in County Court, the defendant was found Not Guilty., 2014
  • People v. M.T. | Outcome: Trial Order of Dismissal Granted | Description: Jury trial in Orleans County Court for charges including the violent felony of Robbery in the First Degree. Defendant faced up to 25 years in state prison. Following the prosecution’s presentation of witnesses, Mr. Foti made a motion for a Trial Order of Dismissal based on the insufficiency of the evidence. The Judge granted the motion, and the charges were dismissed., 2014
  • People v. E.M. | Outcome: Not Guilty of DWI, convicted of traffic infractions | Description: DWI charges in Greece Town Court. Blood alcohol test was alleged to be .14. At trial, issues were addressed regarding the validity of the breath test and inconsistencies in the statements of the witnesses. Client was acquitted of DWI and only convicted of the lesser included violation., 2014
  • People v. J.B. | Outcome: Not Guilty of all charges | Description: Client was charged with Resisting Arrest, Obstructing Governmental Administration in the Second Degree, and Disorderly Conduct. The case went to a jury trial in Rochester City Court. Following cross examination of the arresting officer, the presentation of a defense witness, and closing arguments, the jury deliberated for less than thirty minues and returned a verdict of Not Guilty on each charge., 2013
  • People v. W.R. | Outcome: Trial Order of Dismissal granted | Description: Jury trial in Rochester City Court for a NY State Tax Law criminal charge alleging the unlicensed sale of untaxed cigarettes. Following the prosecution’s presentation of witnesses, motion was made for a Trial Order of Dismissal based on the insufficiency of the evidence. The Judge granted the motion, and the charge was dismissed., 2013
  • People v. A.A. | Outcome: Not Guilty of all charges after trial | Description: Lead counsel at a criminal jury trial in a Justice Court in Monroe County. Eight misdemeanors charged under the NY Agriculture and Markets Law. The defendant was acquitted of all charges. , 2012
  • People v. T.W. | Outcome: Not Guilty after trial | Description: Defendant charged with Criminal Possession of a Weapon in the Fourth Degree. Following a trial in a Monroe County Justice Court, the defendant was acquitted of the charge., 2012
  • People v. C.K. | Outcome: Not Guilty after trial | Description: Client charged with misdemeanor marijuana possession charge. At trial, it was successfully established that the physical evidence was inconsistent with the police officer’s testimony. The defendant was acquitted of the charge., 2012
  • People v. M.B. | Outcome: Not Guilty after trial | Description: Jury Trial in Rochester City Court for Criminal Mischief in the Fourth Degree. The government presented four witnesses, including two alleged eyewitnesses and a police officer. The defendant was acquitted of the charge., 2011
  • People v. N.C. | Outcome: Acquitted of DWI after trial, convicted of traffic infractions only | Description: Client was charged with DWI in a Monroe County Justice Court; breath test was more than 50% over the legal limit. Defendant was acquitted of the criminal charge, and only convicted of the lesser included traffic violation., 2011

Industry Groups

  • Criminal Justice
  • Office Location for Mark A. Foti

    16 West Main Street
    Suite 236
    Rochester, NY 14614

     

    Mark A. Foti:

    Last Updated: 5/19/2016

    Page Generated: 0.16002202033997 sec