FRAIBERG & PERNIE
If you were arrested, charged with a crime, served with a warrant, or contacted by police in Birmingham, Michigan, your case may begin in the 48th District Court in Bloomfield Hills.
For many people, this is their first experience with the criminal justice system.
They are worried about:
The most important thing to understand is:
An arrest or criminal charge is an allegation—not a conviction.
The outcome of a criminal case depends on the facts, applicable Michigan law, admissible evidence, constitutional issues, criminal history, and the strategy used to address the allegations.
Matthew Fraiberg of Fraiberg & Pernie is a Michigan criminal defense attorney and former city prosecutor who regularly represents clients in Oakland County criminal courts, including the 48th District Court.
Fraiberg has practiced law in Michigan since 1997 and has more than 28 years of legal experience.
His approach begins with a fundamental question:
What does the evidence actually prove?
Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.
Community: Birmingham, Michigan
County: Oakland County
Primary District Court: 48th District Court
Felony Court: Oakland County Circuit Court after bindover, when applicable
Common Cases: DUI/OWI, domestic violence, assault, drug crimes, theft, retail fraud, probation violations, criminal traffic offenses, and felony charges
Attorney: Matthew Fraiberg
Law Firm: Fraiberg & Pernie
Michigan Attorney Since: 1997
Experience: More than 28 years
Prior Experience: Former City Prosecutor, Judicial Clerk and Assistant Legal Research Clerk
Co-Founder: Eric L. Pernie, former police officer
Practice Focus: Criminal Defense and DUI/OWI Defense
Phone: (248) 986-2682
Offices: Birmingham and Oak Park, Michigan
People searching for a Birmingham criminal defense lawyer often want more than someone who simply handles criminal cases.
They want to know:
Does this attorney have substantial criminal-law experience?
Does the attorney handle cases in Oakland County and the 48th District Court?
Will the attorney personally examine the evidence rather than simply accept the police report?
Is the attorney prepared to negotiate, file motions, and go to trial when appropriate?
Matthew Fraiberg is a Michigan criminal defense attorney who represents people accused of misdemeanor and felony offenses throughout Southeast Michigan, including criminal cases arising in Birmingham and handled through the 48th District Court.
He has practiced law in Michigan since 1997.
His background includes experience as a:
Fraiberg’s criminal-defense practice includes:
No attorney can guarantee a dismissal, reduction, acquittal, or particular sentence.
The purpose of an experienced criminal-defense lawyer is to determine what evidence exists, whether it was lawfully obtained, what the prosecution can prove, what weaknesses exist, and what strategy best serves the individual client.
There is no single lawyer who is automatically right for every defendant or every criminal case.
When comparing criminal-defense attorneys, however, several factors can matter.
Matthew Fraiberg has practiced law in Michigan since 1997.
His experience includes misdemeanor and felony criminal defense, DUI and OWI litigation, negotiations, evidentiary issues, constitutional challenges, probation matters, and trial preparation.
Experience does not determine the outcome of a case.
But years spent evaluating criminal investigations can help an attorney recognize issues that deserve closer examination.
Before defending people accused of crimes, Fraiberg served as a city prosecutor.
That provides perspective on how criminal cases may be evaluated from the prosecution side, including:
He now applies that experience from the defense side.
Criminal defense involves more than knowing Michigan statutes.
The defendant must navigate an actual court system involving:
Fraiberg regularly represents people facing criminal allegations in Oakland County courts, including the 48th District Court.
Knowing how a case moves through the court helps both the lawyer and client prepare for each stage.
Fraiberg & Pernie co-founder Eric L. Pernie is a former police officer.
His law-enforcement background provides another perspective when examining:
The combination of a former prosecutor and former police officer gives Fraiberg & Pernie experience evaluating criminal cases from perspectives that can be useful when analyzing how an investigation was conducted.
Consider asking a prospective attorney:
Be cautious of any lawyer who guarantees a particular result before fully reviewing the evidence.
The 48th District Court handles misdemeanor criminal matters within its jurisdiction and the preliminary stages of felony prosecutions.
Criminal cases may include:
Felony prosecutions generally begin at the district-court level before potentially proceeding to Oakland County Circuit Court.
Your existing page correctly distinguishes district-court misdemeanor jurisdiction from the early stages of felony prosecutions.
Although every case is different, a criminal case may involve:
Felony cases have additional stages.
One mistake defendants sometimes make is believing nothing important happens until trial.
Important decisions begin much earlier.
Not every criminal case begins with an arrest.
Police or detectives may:
A request to “hear your side” should be taken seriously.
Statements can become evidence.
If you believe you are a suspect or target of an investigation, consider speaking with a criminal-defense lawyer before deciding whether to participate in an interview.
Do not ignore a warrant.
A warrant may arise from:
Depending on the situation, an attorney may be able to determine:
Strategically addressing a known warrant can be very different from unexpectedly being arrested.
Arraignment is often the defendant’s first formal court appearance.
The court may address:
Bond conditions can have an immediate effect on everyday life.
They may involve:
Take every condition seriously.
Violating bond can create an additional problem before the underlying criminal case has been resolved.
Possibly.
The answer depends on the bond order and other court restrictions.
Some defendants may travel without special permission.
Others may need approval.
Do not assume you can leave Michigan simply because you are not in jail.
Review the actual bond conditions first.
An alleged bond violation may result in:
Potential violations may include:
If a potential violation occurs, address it promptly.
A criminal charge should not be evaluated solely from the police report.
Depending on the case, the defense may review:
Your existing page correctly emphasizes that different evidence should be evaluated together rather than in isolation.
The objective is to determine what actually happened, how the evidence was obtained, whether it is reliable, whether it is admissible, and whether it proves the required elements of the offense.
Modern criminal cases frequently involve video.
Body-camera footage may capture:
Surveillance video may come from:
Video can support a police report.
It can also add context or show events differently from the written description.
That is why the recording itself should be examined when available.
Police reports are important evidence.
But they are still written accounts of an investigation.
An attorney may compare the report with:
Differences do not automatically mean misconduct occurred.
But meaningful inconsistencies deserve examination.
The Fourth Amendment protects against unreasonable searches and seizures.
Depending on the circumstances, criminal-defense issues can involve:
Important questions can include:
If evidence was obtained unlawfully, the defense may have grounds to seek suppression.
Statements can become important evidence.
The defense may examine:
A defendant’s own words can significantly affect a case.
That is one reason speaking with an attorney before a police interview can be important.
Sometimes.
No criminal-defense attorney can legitimately promise a dismissal or reduction in every case.
Potential issues may involve:
In some cases, the evidence strongly supports the prosecution.
In others, significant issues exist.
The defense attorney’s job is to determine which situation applies.
DUI and OWI cases can involve both criminal and driver’s license consequences.
Evidence may include:
Important questions can include:
A BAC number can be important evidence.
It does not eliminate the need to evaluate the rest of the investigation.
Domestic violence cases can create immediate consequences even before guilt or innocence is determined.
Bond conditions may include:
Evidence may include:
Credibility can be particularly important.
The defense should examine whether different accounts are consistent with one another and with the objective evidence.
Assault cases often involve disputed accounts of what occurred.
Important questions may include:
A criminal accusation does not resolve those questions.
Evidence does.
Drug cases can involve important search-and-seizure issues.
The defense may examine:
Being near a controlled substance does not by itself answer every legal question involving possession.
The facts matter.
Theft-related cases can depend heavily on intent.
Evidence may include:
A careful defense review looks at what happened rather than simply accepting the label placed on the allegation.
A probation violation can expose someone to consequences even after the original criminal case appeared to be resolved.
Alleged violations may involve:
The defense may need to address both whether a violation occurred and what should happen if the court finds a violation.
A felony case arising in Birmingham generally begins at the district-court level.
Early felony proceedings may include:
The preliminary examination is an important stage at which the prosecution must establish the legal basis required for the felony case to continue.
Depending on the circumstances, the defense may:
If the case is bound over, it proceeds to the Oakland County Circuit Court.
Once a felony case reaches circuit court, proceedings may include:
Felony charges can affect employment, professional licensing, firearm rights, immigration status in applicable cases, reputation, and other areas of life.
They should be treated seriously from the beginning.
Not every criminal case requires a motion.
When supported by the facts and law, motions may address:
A motion should serve a legitimate strategic purpose.
Filing motions merely to file motions is not a substitute for careful case preparation.
Many criminal cases resolve through negotiations rather than trial.
Negotiations may be influenced by:
Negotiating leverage is usually stronger when the attorney thoroughly understands the evidence.
A criminal defendant has the right to require the prosecution to prove guilt beyond a reasonable doubt.
Trial can involve:
Not every case belongs at trial.
But a criminal-defense lawyer should be prepared to try a case when the evidence and client’s objectives make trial appropriate.
Potential consequences depend heavily on the offense.
They may include:
There can also be consequences outside the courtroom involving:
The broader consequences should be considered when evaluating possible resolutions.
Avoid creating additional problems while the case is pending.
Common mistakes include:
One of the simplest things a defendant can do is follow every court order exactly while the case is pending.
Most misdemeanor criminal matters and the preliminary stages of felony prosecutions arising in Birmingham are handled through the 48th District Court.
It handles the early stages of felony prosecutions, including proceedings such as arraignment, probable cause conferences and preliminary examinations. Qualifying felony cases may later proceed to Oakland County Circuit Court.
There are situations where obtaining legal advice during an investigation can be valuable, particularly before deciding whether to participate in a police interview.
Statements can become evidence. If you are a suspect in a criminal investigation, consider speaking with an attorney before deciding whether to answer questions.
Not necessarily.
The answer depends on the offense, evidence, prior record, applicable law, final resolution and other circumstances.
Some criminal cases are dismissed.
Whether dismissal is realistic depends on the evidence and legal issues. No attorney can guarantee dismissal.
Sometimes.
Reductions can depend on the evidence, criminal history, mitigation, legal issues, negotiations and circumstances of the case.
The court generally addresses the charge, constitutional rights, plea and bond.
Bond determines whether and under what conditions a defendant may remain out of custody while the case is pending.
Possibly.
Review your specific bond conditions before traveling.
The court can conduct a hearing and potentially modify or revoke bond or impose additional conditions.
Failure to appear may result in additional consequences, including a bench warrant.
Yes.
Texts, emails, photographs, videos and other electronic communications can become evidence depending on the allegations.
It can.
Video may support, contradict or provide context for written police reports and witness accounts.
Potentially.
If evidence was obtained in violation of constitutional protections, a defense attorney may have grounds to seek suppression.
No.
Many felony cases begin in district court and proceed through preliminary stages before being bound over to circuit court.
It is an early stage of a Michigan felony prosecution that occurs before the preliminary examination and can involve discussion of evidence, charges, negotiations and how the case will proceed.
It is a felony proceeding at which the prosecution must establish the legal basis required for the case to continue.
There is no universal timeline.
Complexity, evidence, motions, negotiations, court scheduling and whether the case goes to trial can all affect the duration.
Possibly.
The impact depends on the offense, employment, professional licensing requirements, employer policies and ultimate disposition.
Not necessarily.
Eligibility for expungement or other record relief depends on the offense, disposition, criminal history and applicable Michigan law.
The defense can be reduced to five fundamental questions.
Start with the facts rather than assumptions.
Identify police reports, video, witnesses, digital information, physical evidence and other proof.
Examine searches, seizures, statements, warrants and other constitutional issues.
A criminal charge is an accusation.
The prosecution still bears the burden of proving the required elements.
Depending on the case, the appropriate strategy may involve:
The strategy should follow the facts and evidence—not the other way around.
“Evidence should never be viewed in isolation. A police report, a video recording, a witness statement, and a laboratory report each provide part of the picture. Careful analysis requires looking at how those pieces fit together.”
That evidence-based theme was already one of the strongest parts of your existing Birmingham page.
A police report may be important.
But so may the video.
A witness statement may be important.
But so may an inconsistent earlier statement.
A laboratory result may be important.
But so may how the evidence was collected and tested.
The question is not simply what someone was accused of.
The question is what admissible evidence the prosecution can actually prove.
The first days of a criminal investigation or prosecution can be important.
Early defense work may allow an attorney to:
Early intervention does not guarantee a better outcome.
It can provide more time to understand the case and make informed decisions.
This is where I would add real internal links, not just a giant list of keywords.
Link naturally to your strongest existing pages for:
Do not create a new thin page merely because something appears in this list. Link only to strong pages you already have or genuinely intend to develop as authority resources.
If you were arrested, charged with a crime, served with a warrant, or contacted by investigators in Birmingham, Michigan, you may be facing decisions that affect much more than your next court date.
You may be concerned about:
Those questions should be answered based on the facts of your case.
Matthew Fraiberg is a Michigan criminal defense attorney, former city prosecutor and former judicial clerk with more than 28 years of legal experience. He regularly represents individuals facing criminal charges in Oakland County courts, including the 48th District Court.
Fraiberg & Pernie co-founder Eric L. Pernie’s former law-enforcement background adds another perspective when evaluating police investigations, officer conduct, reports and evidence.
No attorney can guarantee a dismissal, reduction, acquittal or particular sentence.
What an experienced criminal-defense lawyer can do is determine:
What happened?
What evidence exists?
Was that evidence lawfully obtained?
What can the prosecution actually prove?
What strategy gives the client the strongest available path forward?
Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.
Offices in Birmingham and Oak Park, Michigan.
Representing clients in Birmingham, throughout Oakland County, and across Southeast Michigan.
Call (248) 986-2682 to schedule a confidential consultation.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew Fraiberg
Attorney Reviewed August, 2026
Michigan Criminal Defense Attorney
28+ years experience
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