Michigan Criminal Defense Lawyer — Arrest, Felony & Misdemeanor Defense

Fraiberg & Pernie is a Michigan criminal defense law firm representing people facing felony charges, misdemeanor charges, DUI/OWI, domestic violence, assault, drug crimes, theft, probation violations, warrants, and criminal investigations throughout Oakland County, Wayne County, Macomb County, and Southeast Michigan.

The firm’s attorneys include Matthew Fraiberg, a Michigan criminal defense attorney, former City Prosecutor and former Judicial Clerk who has practiced law in Michigan since 1997, and Eric L. Pernie, a Michigan criminal defense attorney and former police officer with more than 10 years of law-enforcement experience.

Together, the attorneys bring experience from prosecution, judicial, law-enforcement, and criminal-defense perspectives to the evaluation of Michigan criminal cases.

Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.

Quick Answer: What Should You Do After an Arrest or Criminal Charge in Michigan?

If you have been arrested, charged with a crime, served with a warrant, or contacted by police about a criminal investigation:

• Remain calm.

• Do not argue with police.

• Exercise your right to remain silent rather than trying to explain the allegations.

• Read and follow all bond and court orders.

• Preserve text messages, photographs, videos, receipts, documents, and other potential evidence.

• Do not discuss the allegations on social media.

• Write down what happened while the details are fresh.

• Identify your court dates and important deadlines.

• Consider speaking with a Michigan criminal defense attorney before making decisions that could affect your case.

An arrest is an allegation—not a conviction.

The prosecution still has the burden of proving the charged offense beyond a reasonable doubt.

Michigan Criminal Defense — At a Glance

Law Firm: Fraiberg & Pernie
Practice Area: Michigan Criminal Defense
Attorneys: Matthew Fraiberg and Eric L. Pernie
Primary Counties: Oakland County, Wayne County and Macomb County
Cases: Felonies, misdemeanors, DUI/OWI, domestic violence, assault, drug crimes, theft, probation violations, warrants and criminal investigations
Courts: Michigan District Courts and Circuit Courts
Defense Focus: Evidence analysis, constitutional issues, police procedure, witness credibility, scientific evidence, negotiation, motions and trial preparation
Phone: (248) 986-2682

Fraiberg & Pernie → Michigan Criminal Defense
Matthew Fraiberg → Former City Prosecutor + Former Judicial Clerk
Eric Pernie → Former Police Officer
Michigan Criminal Cases → District Court + Circuit Court
Primary Service Area → Oakland + Wayne + Macomb Counties

What Happens After You Are Arrested in Michigan?

The exact procedure depends on the charge, police agency, whether you remain in custody, and the court handling the case.

A Michigan criminal case may involve:

1. Investigation

2. Arrest, warrant, or criminal summons

3. Booking

4. Arraignment

5. Bond and conditions of release

6. Discovery and evidence review

7. Pretrial proceedings

8. Motions when appropriate

9. Negotiations

10. Probable cause conference and preliminary examination in felony cases

11. Trial preparation

12. Plea, dismissal, trial, sentencing, or another resolution

Not every case goes through every stage.

Understanding where you are in the process is an important first step toward making informed decisions about your defense.

Should You Talk to Police About a Criminal Investigation?

Quick Answer

You generally have a constitutional right to remain silent when police question you about suspected criminal conduct, and you have the right to consult an attorney.

One common mistake is believing that explaining what happened will automatically resolve the situation.

Statements can become evidence.

Police may already possess:

• Witness statements

• Body-camera footage

• Surveillance video

• Photographs

• Physical evidence

• Electronic records

• Text messages

• Other information

You may not know what evidence investigators possess or why a particular question is being asked.

If you are the subject of a criminal investigation, consider obtaining legal advice before agreeing to an interview or making statements concerning the allegations.

What Should You Do During the First 24 Hours After an Arrest?

The period immediately following an arrest can matter because evidence can disappear, memories can fade, and court obligations can begin quickly.

1. Write Down What Happened

As soon as reasonably possible, record what you remember.

Depending on the case, that can include:

• Times and locations

• What police officers said

• What you said

• Witnesses who were present

• Searches performed

• Tests administered

• Photographs or video

• Medical issues

• Road or weather conditions

• Businesses or homes that may have surveillance cameras

• Other details that may become important

Do not post your account online.

Preserve it for discussion with your attorney.

2. Preserve Potential Evidence

Potentially relevant evidence can include:

• Text messages

• Emails

• Photographs

• Cell-phone video

• Surveillance footage

• Receipts

• GPS information

• Phone records

• Social-media records

• Medical records

• Financial records

• Witness information

Some surveillance systems automatically overwrite recordings. Digital information can disappear and memories can change.

Identifying potential evidence early can therefore be important.

Do not delete, alter, or destroy potentially relevant evidence.

3. Read Your Court and Bond Paperwork

Determine:

• Your next court date

• Which court is handling the case

• Whether alcohol or drug testing is required

• Whether there is a no-contact order

• Whether travel is restricted

• Whether firearm restrictions apply

• Whether there are reporting requirements

• Whether deadlines require immediate attention

Bond conditions are court orders.

If you do not understand a condition, obtain clarification rather than guessing.

What Happens at a Michigan Arraignment?

An arraignment is generally the first formal court appearance in a criminal case.

At arraignment, the court may:

• Advise you of the charge

• Explain applicable constitutional rights

• Address bond

• Establish conditions of release

• Address no-contact provisions

• Impose alcohol or drug testing when appropriate

• Schedule future proceedings

An arraignment is not a trial.

The prosecution ordinarily does not have to prove the entire criminal case at arraignment.

However, decisions concerning bond and conditions of release can affect a defendant while the case is pending.

What Are Bond Conditions in a Michigan Criminal Case?

Bond addresses whether a defendant can remain out of custody while the criminal case is pending and what conditions must be followed.

Depending on the allegations and circumstances, conditions may involve:

• Court appearances

• Alcohol or drug testing

• No-contact orders

• Travel restrictions

• Firearm restrictions

• Counseling or treatment

• GPS or other monitoring

• Reporting requirements

• Restrictions on particular locations or activities

Never assume a bond condition can simply be ignored.

An alleged violation can create additional court proceedings separate from the original criminal allegations.

What Happens After Arraignment?

After arraignment, the defense can begin evaluating the prosecution’s allegations and available evidence.

Depending on whether the case involves a misdemeanor or felony, subsequent proceedings can include:

• Discovery

• Pretrial conferences

• Probable cause conferences

• Preliminary examinations

• Evidentiary hearings

• Motion hearings

• Plea negotiations

• Trial preparation

• Bench or jury trial

Some cases resolve relatively quickly.

Others require months of investigation, evidence review, litigation, negotiation, expert analysis, or trial preparation.

There is no universal timeline for a Michigan criminal case.

What Is Discovery in a Michigan Criminal Case?

Discovery is the process through which evidence relevant to the prosecution and defense becomes available for review.

Depending on the case, discovery can include:

• Police reports

• Body-camera recordings

• Dash-camera footage

• Witness statements

• Photographs

• Laboratory reports

• Breath- or blood-testing records

• Search warrants

• Surveillance footage

• 911 recordings

• Medical records

• Cell-phone information

• Electronic communications

• Social-media evidence

• Financial records

• Expert reports

A police report should not automatically be treated as the complete story.

The report contains information collected or recorded during an investigation. Other evidence can confirm, contradict, supplement, or place those observations in context.

What Does a Michigan Criminal Defense Lawyer Look for in the Evidence?

At Fraiberg & Pernie, evaluating a criminal case means looking beyond the name of the charge and examining the evidence supporting each allegation.

Important questions can include:

• Can the prosecution prove every required element?

• Do police reports match body-camera and dash-camera recordings?

• Are witness accounts consistent?

• Are there credibility issues?

• Was potentially favorable evidence overlooked?

• Was a search supported by appropriate legal authority?

• Was evidence lawfully seized?

• Were statements obtained in compliance with constitutional requirements?

• Were identification procedures reliable?

• Is scientific evidence reliable and being interpreted correctly?

• Are laboratory records complete?

• Is surveillance or digital evidence missing?

• Are there innocent or alternative explanations for important evidence?

Every case is different.

A criminal-defense strategy should be based on the actual evidence, applicable Michigan law, and the client’s objectives—not a predetermined approach applied to every case.

Why Video Evidence Matters in Criminal Defense

Body cameras, dash cameras, surveillance systems, doorbell cameras, and cell phones have changed criminal investigations and criminal defense.

Video can sometimes show information that is missing from a written report.

Depending on the case, video may help determine:

• What an officer actually observed

• What was said

• How instructions were given

• How a person responded

• Whether a witness’s description is accurate

• Timing of events

• Physical or environmental conditions

• Whether important events occurred outside the camera’s view

Video should be evaluated together with the rest of the evidence rather than in isolation.

Can Michigan Criminal Charges Be Reduced or Dismissed?

Quick Answer

Yes, criminal charges can sometimes be reduced or dismissed, but no attorney can responsibly promise that result simply because someone has been charged.

Potential issues can involve:

• Insufficient evidence

• Unreliable witnesses

• Conflicting testimony

• Constitutional violations

• Unlawful searches or seizures

• Problems with statements or interrogations

• Missing or unavailable evidence

• Scientific or laboratory issues

• Evidentiary problems

• Failure to prove an element of the charged offense

Some issues can be addressed through negotiations.

Others can require motions or evidentiary hearings.

Some cases proceed to trial.

Whether reduction or dismissal is realistic depends on the facts, evidence, law, and circumstances of the individual case.

Michigan Misdemeanor vs. Felony Charges

Michigan criminal cases generally fall into two broad categories: misdemeanors and felonies.

Michigan Misdemeanor Cases

Misdemeanor cases are generally handled in Michigan District Courts.

A misdemeanor conviction can still have significant consequences involving:

• Jail

• Probation

• Fines and costs

• Driver’s-license consequences in some cases

• Employment

• Professional licensing

• Background checks

A misdemeanor should not be ignored simply because it is not classified as a felony.

Learn more about Michigan misdemeanor defense.

Michigan Felony Cases

Felonies are more serious criminal offenses.

Felony cases generally begin in District Court, where proceedings can include:

• Arraignment

• Bond

• Probable cause conference

• Preliminary examination

If a felony case is bound over, subsequent proceedings generally occur in Circuit Court.

Felony allegations can carry consequences involving incarceration, probation, fines, employment, professional licensing, firearm restrictions, and a felony criminal record.

Michigan District Court vs. Circuit Court

Understanding which court is handling a case helps explain what happens next.

Michigan District Courts

District Courts generally handle matters including:

• Misdemeanor criminal cases

• Traffic offenses

• Arraignments

• Bond proceedings

• Probable cause conferences

• Preliminary examinations in felony cases

Michigan Circuit Courts

Circuit Courts generally handle felony proceedings after bindover from District Court, including:

• Felony pretrial proceedings

• Motion hearings

• Felony pleas

• Felony jury trials

• Felony sentencing

Court procedures can vary by jurisdiction, judge, and type of case.

Michigan law applies statewide, but criminal cases are administered through individual courts.

Common Criminal Charges Fraiberg & Pernie Defends in Michigan

Fraiberg & Pernie represents people accused of a range of Michigan criminal offenses.

DUI and OWI

Operating While Intoxicated cases can involve:

• First-offense OWI

• OWVI

• High BAC OWI

• Second-offense OWI

• Third-offense felony OWI

• Drugged driving

• Breath-test evidence

• Blood-test evidence

• Field sobriety testing

• Implied-consent issues

• Driver’s-license consequences

Related resource: Michigan DUI & OWI Defense

Domestic Violence

Domestic violence allegations can involve immediate bond conditions and no-contact orders.

Evidence can include:

• Witness statements

• Recordings

• Photographs

• 911 calls

• Injury evidence

• Text messages

• Body-camera footage

Related resource: Michigan Domestic Violence Defense

Assault and Battery

Assault cases can involve competing versions of what occurred.

Important issues can include:

• Self-defense

• Witness credibility

• Video evidence

• Injuries

• Intent

• Whether the prosecution can prove the required elements

Drug Crimes

Drug cases can involve questions concerning:

• Possession

• Knowledge

• Searches

• Traffic stops

• Search warrants

• Laboratory testing

• Constructive possession

• Circumstances under which evidence was discovered

Related resource: Michigan Drug Crime Defense

Theft and Retail Fraud

Theft-related allegations can involve:

• Surveillance footage

• Witness statements

• Receipts

• Identification evidence

• Statements

• Questions concerning intent

Probation Violations

A probation violation can arise from allegations involving:

• A new offense

• Failed or missed testing

• Failure to report

• Failure to complete required programming

• Failure to pay required amounts

• Violation of another probation condition

Related resource: Michigan Probation Violation Defense

Warrants

If you discover that a Michigan court has issued a warrant for your arrest, ignoring it generally does not make it disappear.

Determine which court issued the warrant and why it was issued before deciding how to address it.

Criminal Defense in Oakland, Wayne and Macomb Counties

Fraiberg & Pernie represents criminal defendants throughout Southeast Michigan, with a particular focus on Oakland County, Wayne County and Macomb County.

Oakland County Criminal Defense

Oakland County criminal cases can be handled in local District Courts or the Oakland County Circuit Court depending on the charge and location.

Fraiberg & Pernie’s Oakland County resources include information concerning:

• 43rd District Court

• 44th District Court

• 46th District Court

• 47th District Court

• 48th District Court

• 52-1 District Court

• 52-2 District Court

• 52-3 District Court

• 52-4 District Court

• Oakland County Circuit Court

Related resource: Oakland County Criminal Defense

Wayne County Criminal Defense

Fraiberg & Pernie represents defendants in Wayne County District Courts and felony matters proceeding through the Wayne County Circuit Court.

Related resource: Wayne County Criminal Defense

Macomb County Criminal Defense

Macomb County criminal cases can begin in one of several District Courts.

Felony proceedings can ultimately continue in the Macomb County 16th Judicial Circuit Court.

Related resource: Macomb County Criminal Defense

Does Experience With the Local Court Matter?

It can.

Michigan criminal law applies statewide, but individual courts can have different:

• Scheduling procedures

• Courtroom practices

• Probation procedures

• Testing programs

• Administrative requirements

• Motion calendars

Familiarity with the court handling a case can help an attorney understand local procedures and prepare a client for what to expect.

Local experience does not guarantee a particular result.

It provides practical knowledge that can be useful when preparing and managing a criminal case.

How Do You Choose a Michigan Criminal Defense Lawyer?

Quick Answer

Look beyond advertising claims such as “best criminal defense lawyer.”

Instead, consider objective factors that can matter to the representation.

Criminal Defense Experience

Ask how much of the attorney’s practice involves criminal defense and whether the attorney has handled cases involving similar charges or evidence.

Experience With the Court Handling Your Case

Michigan criminal cases are administered locally.

Familiarity with the particular District or Circuit Court can be relevant.

Former Prosecutorial Experience

A former prosecutor can bring experience evaluating criminal allegations from both prosecution and defense perspectives.

Former Law-Enforcement Experience

Prior police experience can provide additional perspective when evaluating:

• Investigations

• Traffic stops

• Officer observations

• Police reports

• Evidence collection

• Arrest procedures

Evidence Analysis

Ask how the attorney approaches:

• Police reports

• Body-camera footage

• Video evidence

• Scientific evidence

• Witness statements

• Digital evidence

• Constitutional issues

Trial Preparation

Even cases that ultimately resolve without trial can benefit from thorough preparation.

Communication

You should understand:

• Who will handle your case

• How you will communicate

• What happens next

• What decisions you may need to make

Reputation and Independent Information

Consider legitimate client reviews and independently verifiable professional information rather than relying solely on claims appearing on a lawyer’s own website.

No rating, award, review, or credential guarantees the outcome of a particular case.

Michigan Criminal Defense Attorneys Matthew Fraiberg and Eric Pernie

Fraiberg & Pernie combines two professional backgrounds that can be particularly relevant when evaluating criminal cases.

Matthew Fraiberg — Former City Prosecutor & Judicial Clerk

Matthew Fraiberg is the Managing Partner of Fraiberg & Pernie and a Michigan criminal defense and DUI/OWI attorney.

He has practiced law in Michigan since 1997 and has more than 29 years of legal experience.

His professional background includes service as a:

• Former City Prosecutor

• Former Judicial Clerk

• Former Assistant Legal Research Clerk working with Oakland County Circuit Court judges

• Michigan criminal defense attorney

Fraiberg represents clients facing allegations involving:

• DUI/OWI

• Felonies

• Misdemeanors

• Domestic violence

• Assault

• Drug offenses

• Theft and fraud

• Probation violations

• Criminal traffic offenses

His prior prosecution and judicial experience provides perspective when evaluating how criminal allegations are charged, supported by evidence, litigated, negotiated, and resolved.

Eric L. Pernie — Former Police Officer

Eric L. Pernie is a Michigan criminal defense attorney and co-founder of Fraiberg & Pernie.

Before becoming an attorney, Pernie served as a Michigan police officer for more than 10 years.

His law-enforcement background provides additional perspective when evaluating:

• Police investigations

• Traffic stops

• Officer observations

• Police reports

• Arrest procedures

• Searches

• Evidence collection

• Body-camera recordings

• DUI/OWI investigations

Together, Fraiberg & Pernie bring experience from prosecution, judicial, law-enforcement and criminal-defense perspectives to the evaluation of criminal cases.

Frequently Asked Questions About Michigan Criminal Defense

Do I Need a Lawyer if This Is My First Criminal Charge?

A first offense can still have significant consequences.

Whether representation is appropriate depends on the circumstances, but being unfamiliar with the criminal justice system is not a reason to take a criminal allegation less seriously.

Am I Guilty Because I Was Arrested?

No.

An arrest is an allegation, not a conviction. The prosecution must prove the required elements of the charged offense beyond a reasonable doubt.

Should I Explain My Side to Police?

Be cautious about making statements concerning suspected criminal conduct without understanding your rights and the circumstances of the investigation.

Statements can become evidence.

Can I Travel While My Criminal Case Is Pending?

Possibly.

Your ability to travel depends on bond conditions and other court orders.

Review your paperwork before leaving Michigan or making significant travel plans.

Can I Work While My Case Is Pending?

Many defendants continue working.

Certain occupations, employers, professional licenses, commercial driver’s licenses, and security clearances can create additional issues.

Can I Contact the Alleged Victim?

Not if a court order prohibits contact.

A no-contact order must be followed unless and until the court changes it.

What Happens if I Miss Court?

A missed court appearance can result in a bench warrant and other consequences.

If you believe you missed a hearing, address the issue promptly.

What Happens if I Violate Bond?

The court can modify or revoke bond or impose additional conditions depending on the circumstances.

Can Michigan Criminal Charges Be Dismissed?

Sometimes.

Dismissal can potentially result from evidentiary, legal, constitutional, or other case-specific issues.

No lawyer can responsibly guarantee dismissal simply because charges were filed.

Will My Criminal Case Go to Trial?

Many criminal cases resolve without trial.

Others require motion hearings or trial.

The appropriate course depends on the evidence, applicable law, circumstances, and client’s objectives.

How Long Does a Michigan Criminal Case Take?

There is no universal timeline.

Some cases resolve relatively quickly. Others take months or longer because of discovery, motions, negotiations, expert review, trial preparation, or court scheduling.

Can a Criminal Charge Affect My Driver’s License?

Certain offenses—particularly OWI and driving-related crimes—can affect driving privileges.

Some driver’s-license proceedings can involve separate rules or deadlines through the Michigan Secretary of State.

Can a Criminal Charge Affect My Job or Professional License?

Potentially.

The effect depends on the charge, outcome, occupation, employer, and licensing authority.

What’s the Difference Between a Misdemeanor and Felony in Michigan?

Misdemeanors are generally handled in District Court.

Felony cases generally begin in District Court and, if bound over, continue in Circuit Court.

What Should I Bring When Meeting With a Criminal Defense Attorney?

Bring documents relating to the case, including:

• Court paperwork

• Bond documents

• Police paperwork

• Tickets

• Notices

• Driver’s-license documents when applicable

• Other potentially relevant records

Also identify evidence or witnesses that may be important and prepare questions you want answered.

Michigan Criminal Case Checklist

Immediately After an Arrest

• Read your paperwork.

• Record your next court date.

• Identify which court is handling the case.

• Understand your bond conditions.

• Write down what happened.

• Preserve potential evidence.

• Avoid discussing the allegations on social media.

• Pay attention to deadlines.

While the Case Is Pending

• Attend every court appearance.

• Follow every bond condition.

• Complete required testing.

• Keep court documents organized.

• Preserve new evidence.

• Inform your attorney about changes or problems.

• Ask questions when you do not understand something.

Before Court

• Confirm the date, time, and location.

• Arrive early.

• Dress appropriately.

• Bring requested documents.

• Follow courthouse security procedures.

• Silence your phone.

• Understand the purpose of the hearing.

Official Michigan Criminal Justice Resources

For authoritative information concerning Michigan criminal law and court procedures, consult official government sources:

• Michigan Judicial Branch — Michigan courts, court rules, forms, and official judicial information.

• Michigan Legislature — Michigan statutes and current statutory language.

• Michigan Secretary of State — Driver’s-license suspensions, revocations, and restoration information.

• Michigan State Police — Michigan law-enforcement and criminal-justice information.

Fraiberg & Pernie also maintains detailed resources concerning Michigan DUI/OWI law, driver’s-license issues, warrants, domestic violence, assault, drug crimes, individual courts, and other criminal-defense topics.

About the Authors

This Michigan Criminal Defense Guide was written and reviewed by attorneys at Fraiberg & Pernie, a Michigan criminal defense law firm representing clients in misdemeanor and felony matters throughout Oakland County, Wayne County, Macomb County, and Southeast Michigan.

Matthew Fraiberg — Author

Managing Partner | Michigan Criminal Defense Attorney | Former City Prosecutor | Former Judicial Clerk

Matthew Fraiberg has practiced law in Michigan since 1997 and has more than 29 years of legal experience.

His criminal-defense practice includes DUI/OWI, felonies, misdemeanors, domestic violence, assault, drug crimes, theft, fraud, probation violations, and criminal traffic matters.

Read Matthew Fraiberg’s attorney profile.

Eric L. Pernie — Legal Review

Partner | Michigan Criminal Defense Attorney | Former Police Officer

Eric Pernie is a criminal defense attorney and co-founder of Fraiberg & Pernie.

Before becoming an attorney, Pernie served as a Michigan police officer for more than 10 years.

His law-enforcement background provides additional perspective when evaluating police investigations, traffic stops, officer observations, reports, arrest procedures, evidence collection, and body-camera recordings.

Read Eric Pernie’s attorney profile.

Written by: Matthew Fraiberg
Reviewed by: Eric L. Pernie
Jurisdiction: Michigan
Practice Area: Criminal Defense
Last Legally Reviewed: October 2026

Speak With a Michigan Criminal Defense Lawyer

If you have been arrested, charged with a crime, served with a warrant, accused of violating probation, or believe you are under criminal investigation, understanding your options early can be important.

Fraiberg & Pernie represents clients throughout Oakland County, Wayne County, Macomb County, and Southeast Michigan in matters involving:

• DUI/OWI

• Felonies

• Misdemeanors

• Domestic violence

• Assault

• Drug crimes

• Theft and fraud

• Probation violations

• Warrants

• Criminal traffic offenses

• Other criminal allegations

Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.

Every criminal case is different. Prior results, professional experience, ratings, and reviews do not guarantee a particular outcome.

Related Michigan Criminal Defense Resources

• Michigan DUI & OWI Defense

• Oakland County Criminal Defense

• Wayne County Criminal Defense

• Macomb County Criminal Defense

• Michigan Domestic Violence Defense

• Michigan Drug Crime Defense

• Michigan Probation Violation Defense

• Michigan Misdemeanor Defense

• Michigan Felony Third-Offense OWI

• Fraiberg & Pernie Case Results

Key Takeaways

• An arrest is an allegation, not a conviction.

• You have the right to remain silent.

• Follow all bond and court orders.

• Preserve potentially relevant evidence as early as possible.

• Do not assume a police report contains the entire story.

• Video, digital evidence, witness credibility, scientific evidence, and constitutional issues can matter.

• Michigan misdemeanors are generally handled in District Court.

• Felony cases generally begin in District Court and can proceed to Circuit Court after bindover.

• Criminal-defense strategy should be based on the evidence and circumstances of the individual case.

• Local court familiarity, criminal-defense experience, evidence analysis, communication, and independently verifiable credentials are factors to consider when choosing an attorney.