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.
An arrest can place your freedom, record, employment, professional license, driver’s license and reputation at risk. It is important to understand what happens next, which evidence exists and what the prosecution must prove.
An arrest or criminal charge is an allegation—not a conviction.
Matthew Fraiberg has practiced law in Michigan since 1997. His background includes service as a city prosecutor, judicial clerk and assistant legal research clerk working with Oakland County Circuit Court judges. He also serves in the Managed Assigned Counsel system connected with the 48th District Court.
Eric L. Pernie is a criminal-defense attorney and former Bloomfield Township police officer. His experience provides firsthand insight into traffic stops, arrests, police reports, body-camera evidence and investigative procedures.
Together, the attorneys at Fraiberg & Pernie evaluate what happened, how the evidence was obtained, whether it is admissible and what strategy fits the individual client and court.
Call (248) 986-2682 to request a confidential consultation.
| Category | Information |
|---|---|
| Community | Birmingham, Michigan |
| County | Oakland County |
| District court | 48th District Court |
| Felony court after bindover | Oakland County Circuit Court |
| Common cases | OWI, domestic violence, assault, drug charges, retail fraud, probation violations, warrants and criminal traffic offenses |
| Attorneys | Matthew A. Fraiberg and Eric L. Pernie |
| Attorney background | Former city prosecutor, former judicial clerk and former police officer |
| Firm offices | Birmingham and Oak Park, Michigan |
| Phone | (248) 986-2682 |
Short answer: Remain calm, do not discuss the incident with police, follow every bond condition, preserve possible evidence and contact a criminal-defense attorney promptly.
Take these practical steps:
Do not resist or interfere with officers.
Clearly exercise your right to remain silent.
Do not try to explain the incident without legal advice.
Follow all bond, testing, travel and no-contact conditions.
Save tickets, court papers, messages, photographs, receipts and other possible evidence.
Write down what happened while the events remain fresh.
Do not discuss the case on social media.
Do not delete potential evidence.
Identify possible witnesses.
Confirm the next court date and every applicable deadline.
Important decisions occur long before trial. Early preparation may help preserve video, locate witnesses, address bond conditions and identify legal or evidentiary issues.
Matthew Fraiberg has practiced law in Michigan since 1997. His work includes misdemeanor and felony defense, OWI litigation, negotiations, evidentiary issues, constitutional challenges, probation matters and trial preparation.
Experience cannot guarantee an outcome. It can help an attorney recognize which facts, procedures and pieces of evidence require closer examination.
Matthew previously served as a city prosecutor, judicial clerk and assistant legal research clerk. That background provides perspective on charging decisions, police reports, witness credibility, negotiations, motion practice and how courts analyze legal issues.
Before becoming a lawyer, Eric Pernie served as a Bloomfield Township police officer. His background helps the firm evaluate traffic stops, searches, arrests, officer observations, reports, body-camera footage, witness interviews and evidence collection.
Fraiberg & Pernie regularly represents clients in Oakland County courts, including the 48th District Court. Understanding how a case moves through the local court helps the lawyer and client prepare for arraignment, bond, pretrial proceedings, motions and possible resolution or trial.
Clients receive clear explanations about the charge, evidence, court process, possible consequences and next steps. The defense strategy is based on the facts of the individual case—not a one-size-fits-all formula.
The 48th District Court handles misdemeanor criminal matters within its jurisdiction and the preliminary stages of felony prosecutions.
Cases may include:
Theft and retail fraud
Reckless driving
Driving while license suspended
A felony case generally begins in district court with arraignment, a probable cause conference and a preliminary examination unless that examination is waived. If the case is bound over, it proceeds to Oakland County Circuit Court.
Although every case is different, a criminal prosecution may include the following stages.
Police may investigate before requesting charges, make an arrest based on alleged probable cause or act on an authorized warrant.
The accused may be processed and released with instructions or held for arraignment. Pay careful attention to every document and deadline.
At arraignment, the court generally addresses the charge, constitutional rights, plea, bond, release conditions and future court dates.
The defense requests and reviews available evidence, which may include reports, recordings, photographs, electronic communications, laboratory records and witness statements.
The parties discuss the case while legal issues, evidence, possible motions and potential resolutions are evaluated.
When supported by the facts and law, the defense may challenge a search, seizure, traffic stop, statement, identification or other evidence.
A case may conclude through dismissal, reduction, negotiated resolution or trial. No particular result can be guaranteed.
If there is a conviction, the court determines the sentence under the applicable law and circumstances. Probation conditions, when imposed, must be followed carefully.
Not every case begins with an arrest. An officer or detective may call, leave a message, request an interview, ask for access to a phone or seek consent to search property.
A request to “hear your side” should be taken seriously. Statements can become evidence, even when the person believes an explanation will end the investigation.
If you may be a suspect or target, consider obtaining legal advice before deciding whether to answer questions, provide access to property or participate in an interview.
Do not ignore an arrest or bench warrant. A warrant may result from a newly authorized charge, failure to appear, an alleged probation violation or failure to comply with a court order.
Depending on the circumstances, an attorney may be able to determine:
Which court issued the warrant
Why it was issued
Which charge or alleged violation is involved
Whether arrangements can be made to address it
What to expect concerning surrender, arraignment and bond
Addressing a known warrant strategically is different from waiting to be arrested unexpectedly.
Bond determines whether and under what conditions a person may remain out of custody while a case is pending.
Conditions may involve:
Alcohol or drug testing
No contact with a protected person
Travel restrictions
Restrictions involving alcohol, drugs or weapons
Reporting requirements
Attendance at court
Other case-specific requirements
An alleged violation can result in a hearing, additional restrictions, modified bond or revocation of bond in serious circumstances. Follow the written order exactly and address any uncertainty promptly.
Possibly. The answer depends on the actual bond order. Some people may travel without special permission; others must obtain approval. Never assume travel is permitted without reviewing the court’s conditions.
A police report is a starting point—not the entire case. Depending on the allegations, the defense may review:
Police reports
Body-camera and dash-camera footage
Business, home or doorbell-camera video
911 calls and dispatch audio
Witness statements
Photographs
Text messages and emails
Social-media and digital evidence
Search warrants
Medical and laboratory records
Physical evidence
Breath-, blood- or toxicology-test records
The key questions are:
What actually happened?
What evidence exists?
How was that evidence obtained?
Is it reliable and admissible?
Can the prosecution prove every required element?
What strategy best serves this client?
Video may capture officer observations, statements, witness interviews, searches, physical appearance, injuries, scene conditions and the arrest itself.
Sometimes video supports the written report. Sometimes it supplies important context or reveals an inconsistency. That is why the recording itself should be reviewed whenever it is available.
Police reports are important, but they are written accounts prepared after an investigation. Comparing the report with video, audio, photographs, witness accounts and scientific evidence can reveal whether the descriptions are fully supported.
A difference does not automatically establish misconduct. A meaningful inconsistency still deserves careful examination.
The Fourth Amendment protects against unreasonable searches and seizures. Depending on the case, the defense may ask:
Did police have lawful grounds for the detention or traffic stop?
Was consent actually and voluntarily given?
Was a warrant required?
Was the warrant legally sufficient?
Did officers remain within the warrant’s authorized scope?
Was a vehicle, home, person or digital device searched lawfully?
If evidence was obtained in violation of constitutional protections, the defense may have grounds to seek suppression.
The defense may examine what was said, when it was said, whether the person was in custody, whether questioning occurred, whether Miranda warnings were required, whether rights were invoked and whether the statement was voluntary.
A person’s own words can significantly affect a criminal case. That is why legal advice before a police interview can be important.
OWI cases can create both criminal and driver’s-license consequences. Evidence may include driving observations, video, field-sobriety tests, preliminary breath testing, Datamaster records, blood testing, toxicology reports and statements.
The defense should examine whether the stop was lawful, whether probable cause supported the arrest, whether testing procedures were followed and whether the recordings support the officer’s account. The governing Michigan OWI statute is MCL 257.625.
Domestic-violence allegations can lead to immediate no-contact and residence restrictions. Evidence may include 911 calls, body-camera footage, photographs, medical records, texts, witness statements and the accounts of the people involved.
The defense should compare those accounts with one another and with the objective evidence.
Assault cases often involve disputed versions of an encounter. Important issues may include who initiated the confrontation, whether self-defense applies, the nature of any injuries, witness consistency and whether video or photographs exist.
Drug cases may involve traffic stops, searches, warrants, consent, alleged possession or control, laboratory analysis, chain of custody, statements and digital communications. Being near a controlled substance does not by itself resolve every legal question about possession.
Theft-related cases can depend heavily on intent. Evidence may include surveillance footage, receipts, store records, loss-prevention reports, witness testimony, statements and financial or digital records.
Alleged violations may involve testing, failure to report, new charges, failure to complete treatment, unauthorized travel or prohibited contact. The defense may address both whether a violation occurred and what consequence is appropriate if the court finds a violation.
Felonies can affect freedom, employment, professional licensing, firearm rights, immigration status for noncitizens and reputation. Early district-court proceedings can shape the case before it reaches Oakland County Circuit Court.
It is an early stage of a Michigan felony prosecution before the preliminary examination. The parties may discuss discovery, charges, negotiations and how the case will proceed.
At a preliminary examination, the prosecution must present the evidence required under Michigan law for the felony case to continue to circuit court.
Depending on the facts and strategy, the defense may question witnesses, challenge the evidence, preserve testimony, negotiate or evaluate whether waiving the examination serves the client’s interests.
If the case is bound over, later proceedings may include circuit-court arraignment, discovery, motions, negotiations, trial and sentencing if there is a conviction.
Sometimes, but never automatically.
Potential issues may involve:
Insufficient evidence
Unreliable or unavailable witnesses
Contradictory statements
Video that conflicts with the allegations
Unconstitutional searches or seizures
Unlawfully obtained statements
Identification problems
Laboratory or chain-of-custody issues
Missing evidence
Failure to prove an element of the offense
In other cases, the evidence may strongly support the prosecution. The defense attorney’s responsibility is to determine which situation applies and advise the client honestly.
Not every case requires a motion. When supported by the facts and law, motions may challenge a traffic stop, search, statement, warrant, identification or the admissibility of other evidence.
Negotiations may be affected by the strength of the evidence, legal problems, witness credibility, criminal history, mitigating and aggravating circumstances, client objectives and trial readiness.
Negotiating leverage is stronger when the lawyer understands the evidence and is prepared to litigate legitimate issues.
A criminal defendant has the right to require the prosecution to prove guilt beyond a reasonable doubt. Trial may involve police and civilian witnesses, cross-examination, video, photographs, physical or scientific evidence, expert testimony and legal argument.
Not every case should go to trial. A lawyer should nevertheless be prepared for trial when the evidence and the client’s informed objectives make trial appropriate.
Depending on the offense, potential consequences may include:
Jail or prison
Probation
Fines and costs
Community service
Treatment and testing
Restitution
Driver’s-license consequences
No-contact orders
Other court conditions
Collateral consequences may affect employment, professional licensing, education, housing, travel, insurance, immigration status for noncitizens and firearm rights in applicable cases.
Those broader effects should be considered when evaluating defense strategy and possible resolutions.
Avoid:
Talking to police without first considering legal advice
Missing court dates
Violating bond
Missing alcohol or drug testing
Contacting someone contrary to a no-contact order
Posting about the case online
Deleting messages, photographs or video
Ignoring a warrant
Driving contrary to license restrictions
Waiting until immediately before court to begin preparing
One of the most important things a defendant can do is follow every court order while the case is pending.
Misdemeanor cases and the preliminary stages of felony prosecutions arising in Birmingham are generally handled by the 48th District Court in Bloomfield Hills.
It handles the early stages, including arraignment, probable cause conferences and preliminary examinations. A felony may later proceed to Oakland County Circuit Court.
Legal advice may be valuable during an investigation, particularly before deciding whether to participate in a police interview or consent to a search.
Statements can become evidence. If you may be a suspect, consider speaking with an attorney before deciding whether to answer questions.
Not necessarily. The answer depends on the charge, evidence, prior record, applicable law, resolution and other circumstances.
Possibly. Whether that is realistic depends on the evidence and legal issues. No attorney can guarantee a particular outcome.
The court generally addresses the charge, constitutional rights, plea, bond, conditions of release and future court dates.
Possibly, but you must review the actual bond order. Some people require court approval before traveling.
Failure to appear can lead to additional consequences, including a bench warrant.
Yes. Electronic communications, photographs, videos and location data may become evidence depending on the allegations.
It may support, contradict or add context to written police reports and witness accounts.
Potentially. When evidence was obtained in violation of constitutional protections, the defense may have grounds to seek suppression.
There is no universal timeline. The charge, complexity, evidence, motions, negotiations, court scheduling and trial decision can affect the duration.
Not necessarily. Eligibility for expungement or other relief depends on the offense, disposition, criminal history and current Michigan law.
If you were arrested, charged, served with a warrant or contacted by investigators in Birmingham, Fraiberg & Pernie can explain the allegation, court process, evidence and available options.
The firm provides:
Evidence-focused case review
Direct attorney communication
48th District Court and Oakland County experience
Former-prosecutor and former-police insight
Misdemeanor, felony and OWI defense
Call (248) 986-2682 to request a confidential consultation.
Birmingham office: 1000 S. Old Woodward Avenue, Suite 103, Birmingham, Michigan 48009
Additional office: Oak Park, Michigan
Matthew Fraiberg is a Michigan criminal-defense and OWI attorney who has practiced law since 1997. He is a former city prosecutor, former judicial clerk and former assistant legal research clerk who worked with Oakland County Circuit Court judges. His practice includes felony and misdemeanor defense, OWI, warrants, probation violations and criminal traffic matters.
Eric L. Pernie is a Michigan criminal-defense attorney and former Bloomfield Township police officer. His law-enforcement experience provides firsthand knowledge of traffic stops, arrests, police reports, body-camera evidence, evidence collection and investigative procedures.
Together, the attorneys at Fraiberg & Pernie combine extensive courtroom experience with former law-enforcement insight when evaluating Michigan criminal cases.
Written and legally reviewed by: Matthew Fraiberg
Last reviewed and updated: September 2026
This page provides general legal information and does not constitute legal advice. Viewing this page or contacting the firm does not create an attorney-client relationship. Prior results do not guarantee or predict future outcomes.
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