FRAIBERG & PERNIE
Fraiberg & Pernie is a Michigan criminal defense law firm based in Birmingham, Michigan, representing people facing felony charges, misdemeanor offenses, DUI/OWI, domestic violence, assault, drug crimes, theft and retail fraud, probation violations, driver’s-license offenses, and other criminal allegations throughout Oakland County, Wayne County, Macomb County, Metro Detroit, and Southeast Michigan.
The firm is led by Matthew Fraiberg, a Michigan criminal defense attorney, former city prosecutor, and former judicial clerk who has practiced law since 1997, and Eric L. Pernie, a Michigan criminal defense attorney and former law-enforcement officer.
Fraiberg & Pernie’s defense approach focuses on the evidence: police reports, body-camera and dash-camera video, witness statements, searches and seizures, digital evidence, scientific testing, constitutional issues, and the individual circumstances of each case.
Office: 1000 S. Old Woodward Avenue, Suite 103, Birmingham, Michigan 48009
Phone: (248) 986-2682
Primary Service Area: Oakland, Wayne and Macomb counties and Southeast Michigan
| Law Firm | Fraiberg & Pernie Criminal Defense Attorneys |
| Practice | Michigan Criminal Defense |
| Lead Attorney | Matthew Fraiberg |
| Matthew’s Background | Former City Prosecutor and Judicial Clerk; licensed since 1997 |
| Eric’s Background | Former Law-Enforcement Officer |
| Primary Charges | Felony, misdemeanor, DUI/OWI, domestic violence, assault, drug, theft and probation matters |
| Primary Counties | Oakland, Wayne and Macomb |
| Office | Birmingham, Michigan |
| Defense Approach | Evidence review, constitutional analysis, negotiation and trial preparation |
If you have been arrested, charged, or contacted by police regarding a Michigan criminal investigation, the decisions you make early in the process can matter.
Consider these immediate steps:
Avoid discussing the allegations with investigators before obtaining legal advice.
Follow all bond and court conditions.
Preserve paperwork, photographs, video, messages, receipts, and other potentially relevant evidence.
Avoid posting details of the case on social media.
Do not contact alleged victims or witnesses when a no-contact order or other restriction applies.
Keep track of court dates and deadlines.
Speak with a Michigan criminal defense lawyer about the specific allegations and available options.
A criminal charge is an accusation. The prosecution must still establish the required elements of the offense with admissible evidence.
Matthew Fraiberg is the Managing Partner of Fraiberg & Pernie.
Licensed to practice law in Michigan since 1997, his professional background includes:
Former City Prosecutor
Former Judicial Clerk
Former Assistant Legal Research Clerk for Oakland County Circuit Court judges
More than 29 years of legal experience
Michigan criminal defense and DUI/OWI practice
Matthew’s approach centers on a fundamental question:
What does the evidence actually establish?
His experience as a prosecutor, judicial clerk, and defense attorney provides several perspectives from which to evaluate police investigations, prosecution evidence, legal issues, negotiations, motions, and trial strategy.
Eric L. Pernie is a Michigan criminal defense attorney whose background includes approximately a decade in law enforcement before becoming an attorney.
That experience provides another perspective when evaluating:
Police investigations
Traffic stops
Arrest decisions
Search and seizure
Officer observations
Police reports
Body-camera evidence
Interview and interrogation procedures
Evidence collection
Together, Fraiberg & Pernie combines experience from prosecution, law enforcement, judicial work, and criminal defense when evaluating Michigan criminal cases.
Fraiberg & Pernie represents people facing a broad range of Michigan criminal allegations.
Michigan felony charges can expose a person to significant criminal and collateral consequences.
Felony defense may involve investigation, preliminary examinations, constitutional challenges, evidentiary motions, witness credibility, negotiation, and trial preparation.
Potential consequences can include imprisonment, probation, fines, employment problems, professional-license issues, firearm restrictions, immigration consequences, and a felony record.
Misdemeanor charges are less serious than felonies but can still carry jail, probation, fines, a criminal record, employment consequences, and other restrictions.
The appropriate defense depends upon the specific offense, evidence, prior record, and court.
Fraiberg & Pernie represents clients facing Michigan DUI and OWI charges, including:
First-offense OWI
Operating While Visibly Impaired
High BAC / Super Drunk
Repeat OWI
Felony third-offense OWI
Drugged driving
Implied Consent proceedings
Breath-test refusals
OWI accidents
OWI defense may require analysis of the traffic stop, field sobriety testing, body-camera video, Datamaster records, blood testing, toxicology, constitutional issues, and Michigan driver’s-license consequences.
Michigan domestic-violence cases can involve witness credibility, conflicting accounts, photographs, body-camera footage, text messages, medical evidence, no-contact orders, and potential employment or firearm consequences.
Assault allegations should be evaluated based on the complete evidence rather than the accusation alone.
Michigan drug charges may involve possession, delivery allegations, vehicle searches, search warrants, confidential informants, laboratory testing, digital evidence, and constitutional search-and-seizure issues.
Probation-violation cases may involve allegations of new criminal conduct, positive alcohol or drug tests, missed testing, failure to report, failure to complete treatment, or violations of other probation conditions.
Fraiberg & Pernie also represents clients accused of theft, retail fraud, fraud-related offenses, and other property crimes.
The evidence may include surveillance video, witness testimony, receipts, financial records, digital evidence, and statements attributed to the accused.
The firm handles criminal and administrative issues affecting driving privileges, including Michigan driver’s-license restoration, OWI-related sanctions, and other license-related matters.
Eligible clients may also seek Michigan expungement and conviction set-aside relief.
Eligibility depends upon the complete criminal record, type of conviction, relevant dates, and current Michigan law.
A criminal charge tells you what the government alleges.
It does not necessarily tell you what the complete evidence proves.
Fraiberg & Pernie evaluates criminal cases through several interconnected areas.
Depending on the case, the defense may examine:
Police reports
Body-camera footage
Dash-camera video
Surveillance recordings
Witness statements
Photographs
Physical evidence
Phone and digital evidence
Search warrants
Laboratory reports
Breath and blood-test records
Medical records
Dispatch communications
Important questions may include whether the police report matches the video, whether witnesses agree, whether timestamps are consistent, and whether objective evidence supports the allegation.
Michigan criminal investigations are subject to constitutional requirements.
Potential issues can involve:
Traffic stops
Searches
Seizures
Arrests
Search warrants
Consent
Statements
Interrogations
Miranda
Detention
When appropriate, constitutional or procedural issues may support motions challenging evidence or statements.
Before deciding on strategy, the client should understand the potential consequences.
Depending upon the charge, those consequences may involve:
Jail or prison
Probation
Fines and costs
Driver’s-license sanctions
Employment
Professional licensing
Education
Immigration
Firearm rights
Criminal record
Reputation
The priorities of a licensed professional may be different from those of a college student, commercial driver, business owner, or first-time offender.
Evidence problems, legal issues, witness credibility, constitutional violations, mitigation, and other circumstances may affect how a prosecutor evaluates a case.
Possible defense strategies depend upon the individual case and may include investigation, motions, negotiation, evidentiary hearings, or trial.
Not every criminal case goes to trial.
Nevertheless, preparation should account for the possibility that contested issues may require motions, hearings, preliminary examination, or trial.
The strategy should follow the evidence rather than assuming at the beginning how the case will end.
The precise procedure depends upon whether the allegation is a misdemeanor or felony and the court handling the case.
A case may begin with an arrest, warrant, citation, complaint, or prosecutor-authorized charge.
Some investigations begin before an arrest occurs.
At arraignment, the defendant is formally advised of the charge and the court addresses bond.
Bond conditions may include:
No-contact orders
Alcohol testing
Drug testing
Travel restrictions
GPS monitoring
Restrictions on weapons or other conduct
Misdemeanor cases generally proceed through district court pretrial proceedings.
Felony cases may involve a probable-cause conference and preliminary examination before potentially proceeding to circuit court.
The defense reviews the prosecution’s evidence and may conduct additional investigation.
When supported by the facts and law, motions may address searches, seizures, statements, scientific evidence, or other evidentiary and constitutional issues.
Depending upon the case, the matter may proceed through negotiation, plea resolution, dismissal, evidentiary hearings, or trial.
No particular outcome can be guaranteed.
A misdemeanor is generally a lower-level criminal offense than a felony, but misdemeanor convictions can still result in jail, probation, fines, and a criminal record.
A felony is a more serious criminal classification and may expose a person to imprisonment and significant long-term collateral consequences.
The exact penalty depends upon the particular statute and circumstances.
Sometimes.
Whether a charge can be dismissed, reduced, or otherwise resolved depends upon the facts, admissible evidence, applicable law, prosecutor, court, prior record, and other circumstances.
Issues that can affect a case may include:
Insufficient evidence
Search-and-seizure problems
Suppression of evidence
Inadmissible statements
Witness credibility
Conflicting video evidence
Scientific-testing issues
Mitigating circumstances
Negotiation
Trial preparation
Past results in other cases do not guarantee a similar outcome.
See Fraiberg & Pernie’s Michigan criminal-defense case results for examples of issues and outcomes in prior matters.
A person contacted by police about suspected criminal activity should understand the purpose of the questioning and the potential consequences of making statements.
Investigators may say they simply want to hear “your side.”
Statements can nevertheless become evidence.
Obtaining legal advice before discussing allegations with investigators can help a person understand their rights and circumstances before deciding how to respond.
Police do not automatically have unrestricted authority to search the contents of a phone merely because they possess it.
Phone and digital-evidence cases can raise questions involving:
Search warrants
Consent
Scope of the authorized search
Authentication
Ownership or possession
Digital evidence
Constitutional protections
The legality and evidentiary significance of a phone search depends upon the facts of the particular case.
Michigan criminal statutes apply statewide, but criminal cases are administered through individual district and circuit courts.
Local procedures can differ in areas such as:
Scheduling
Bond conditions
Testing requirements
Probation practices
Specialty-court programs
Motion scheduling
Courtroom procedures
Understanding both Michigan criminal law and the court handling the case can be important when developing a defense strategy.
Fraiberg & Pernie represents clients throughout Oakland County.
Courts include:
51st District Court — Waterford
Oakland County Circuit Court
See also the Oakland County DUI, OWI and Criminal Defense Court Guide.
Fraiberg & Pernie represents clients in district and circuit courts throughout Wayne County.
The firm’s practice includes criminal matters in courts serving communities such as Detroit, Livonia, Westland, Canton, Plymouth, Northville, and surrounding areas.
Wayne County courts include:
16th District Court — Livonia
18th District Court — Westland
35th District Court — Plymouth
36th District Court — Detroit
Third Judicial Circuit Court
See the Wayne County DUI, OWI and Criminal Defense Court Guide for additional court information.
Fraiberg & Pernie represents people facing criminal charges throughout Macomb County.
The firm’s practice includes matters in:
37th District Court — Warren
39th District Court — Roseville and Fraser
41-A District Court
41-B District Court
Macomb County Circuit Court
Cases include DUI/OWI, felony, misdemeanor, domestic violence, assault, drug, theft, probation, and criminal-traffic matters.
Fraiberg & Pernie focuses its practice on Michigan criminal defense and DUI/OWI matters.
Managing Partner Matthew Fraiberg has practiced law in Michigan since 1997 and previously served as a city prosecutor and judicial clerk.
Eric Pernie’s prior law-enforcement experience provides another perspective when examining police investigations and evidence.
The firm’s defense strategy begins with determining what the evidence actually establishes.
Fraiberg & Pernie represents clients in district and circuit courts throughout Oakland, Wayne, and Macomb counties.
Clients work directly with the firm’s attorneys throughout their representation.
Some cases resolve through negotiation. Others require motions, hearings, preliminary examinations, or trials. Preparation should account for the circumstances of the individual case.
Follow court and bond requirements, preserve relevant information and evidence, avoid discussing the allegations publicly, and consider obtaining legal advice before speaking with investigators.
Yes, some cases are dismissed, but dismissal depends upon the facts, evidence, law, and procedural circumstances of the particular case.
Sometimes. Whether a reduction is possible depends upon the charge, evidence, applicable law, negotiations, prior record, prosecutor, court, and circumstances.
Not necessarily. Potential incarceration depends upon the offense, applicable sentencing law, prior record, facts, court, and resolution of the case.
Missing a required court appearance can result in additional consequences, potentially including a bench warrant. Contact the court or an attorney promptly to determine the appropriate next step.
Criminal records may appear on background checks depending upon the record, database, disposition, and applicable law.
There is no single timetable. The length depends upon the charge, complexity, discovery, motions, court schedule, negotiations, and whether the matter proceeds to trial.
Probable cause is a constitutional legal standard used in contexts including arrests, searches, warrants, and preliminary examinations. Whether probable cause exists depends upon the facts and legal context.
Obtaining legal advice early can help a person understand the charge, preserve evidence, evaluate bond conditions and deadlines, and prepare for the next stage of the case.
Fraiberg & Pernie is based in Birmingham, Michigan and represents criminal-defense clients throughout Oakland County, Wayne County, Macomb County, Metro Detroit, and surrounding Southeast Michigan communities.
Continue with these Fraiberg & Pernie resources:
If you are facing a criminal charge, DUI/OWI allegation, criminal investigation, probation violation, or other criminal matter in Michigan, contact Fraiberg & Pernie for a confidential consultation.
Fraiberg & Pernie Criminal Defense Attorneys
1000 S. Old Woodward Avenue, Suite 103
Birmingham, Michigan 48009
Phone: (248) 986-2682
Call (248) 986-2682 to discuss your situation with a Michigan criminal defense attorney.
This page provides general educational information and does not create an attorney-client relationship. Every criminal case is different. Past results, professional experience, ratings, or recognition do not guarantee a particular result.
Written and reviewed by Matthew Fraiberg
Michigan Criminal Defense Attorney
Licensed in Michigan since 1997
29+ years of legal experience
Last attorney review: September 2026
Fraiberg & Pernie is an Oakland County criminal defense law firm focusing on DUI and OWI defense in Birmingham, Troy, Royal Oak, Bloomfield Hills, Novi and Farmington Hills, Michigan.