FRAIBERG & PERNIE
If you were arrested, charged with a crime, served with a warrant, or contacted by police in Macomb County, what you do next can significantly affect your case.
Do not discuss the allegations with police without an attorney. Preserve texts, videos, photographs, documents, and other potential evidence. Follow every bond condition and testing requirement. Speak with an experienced Macomb County criminal defense lawyer as early as possible.
Depending on where the alleged offense occurred, a Macomb County criminal case may begin in the 37th, 38th, 39th, 40th, 41-A, 41-B, 42-1, or 42-2 District Court.
Felony cases generally begin in a district court before potentially proceeding to the Macomb County 16th Judicial Circuit Court in Mount Clemens.
Fraiberg & Pernie represents people facing DUI/OWI, felony, misdemeanor, domestic violence, assault, drug, theft, probation violation, and other criminal charges throughout Macomb County.
Call (248) 986-2682 to request a confidential consultation.
Law Firm: Fraiberg & Pernie
Attorneys: Matthew Fraiberg and Eric L. Pernie
Practice Area: Criminal Defense and DUI/OWI Defense
Region: Macomb County, Michigan
Cases Defended: DUI/OWI, felonies, misdemeanors, domestic violence, assault, drug crimes, theft, probation violations, and driver’s license offenses
Courts: Macomb County district courts and 16th Judicial Circuit Court
Defense Approach: Evidence analysis, constitutional review, early intervention, negotiation, and trial preparation
Consultation: Confidential case review available
Phone: (248) 986-2682
Matthew Fraiberg → Michigan Criminal Defense Attorney / Former City Prosecutor
Eric L. Pernie → Michigan Criminal Defense Attorney / Former Police Officer
Fraiberg & Pernie → Criminal Defense and DUI/OWI Law Firm
Primary Region → Macomb County and Southeast Michigan
The exact process depends on whether the allegation is a misdemeanor or felony and which district court has jurisdiction.
However, criminal cases frequently involve some combination of:
Arrest or criminal investigation
Arraignment
Bond and release conditions
Pretrial proceedings
Evidence and discovery review
Motions or evidentiary challenges
Plea negotiations
Trial
Sentencing, if there is a conviction
One of the biggest mistakes a defendant can make is assuming nothing important happens until the trial date.
Important decisions can occur much earlier.
Evidence can disappear. Witness memories can change. Video may need to be preserved. Statements made to police can become evidence. Bond violations can create new problems.
The defense begins with understanding exactly what happened—not simply what the police report says happened.
Understanding which court will handle the case is important.
Most misdemeanor criminal cases are handled in the district court with jurisdiction over the location where the alleged offense occurred.
A misdemeanor case may involve:
Arraignment
Bond conditions
Pretrial conferences
Motions
Plea negotiations
Trial
Sentencing
Examples can include certain first-offense OWI charges, assault allegations, domestic violence, retail fraud, and other misdemeanor offenses.
Felony cases generally begin in a Macomb County district court.
Early felony proceedings can include:
Arraignment
Bond determination
Probable cause conference
Preliminary examination
At a preliminary examination, the prosecution must establish the legal basis required for the case to proceed.
If the felony is bound over, the case moves to the Macomb County 16th Judicial Circuit Court in Mount Clemens.
That makes the early district-court stage important even in a serious felony prosecution.
The court handling a criminal case generally depends upon where the alleged offense occurred.
The 37th District Court handles criminal matters arising in Warren and Center Line.
Cases may include OWI/DUI, domestic violence, assault, theft offenses, drug charges, traffic crimes, and the initial stages of felony prosecutions.
For someone arrested in Warren or Center Line, this will frequently be the first court involved in the criminal case.
Criminal cases originating in Eastpointe are handled through the 38th District Court.
The court handles misdemeanor criminal matters as well as the initial proceedings in felony prosecutions arising within its jurisdiction.
The 39th District Court serves Roseville and Fraser.
The court handles criminal and traffic matters arising within its jurisdiction, including misdemeanor prosecutions and the preliminary stages of felony cases.
Criminal cases arising in St. Clair Shores are handled in the 40th District Court.
Depending on the charge, cases can include OWI/DUI, assault, domestic violence, theft, drug allegations, traffic crimes, and initial felony proceedings.
Sterling Heights has its own 41-A District Court location.
Criminal cases arising in Sterling Heights may include DUI/OWI, domestic violence, assault, theft, drug offenses, traffic crimes, probation matters, and preliminary felony proceedings.
The Shelby Township division of the 41-A District Court handles criminal cases within its jurisdiction in the northern-central portion of Macomb County.
Cases can range from misdemeanor and traffic offenses to the district-court stages of serious felony prosecutions.
The 41-B District Court in Clinton Township handles criminal cases arising within its jurisdiction.
The court hears misdemeanor matters and conducts initial proceedings in felony cases before any qualifying felony prosecution proceeds to Macomb County Circuit Court.
The 42-1 District Court serves communities in northern Macomb County, including Romeo and surrounding communities within its jurisdiction.
It handles misdemeanor criminal cases and has initial jurisdiction in felony cases for purposes that include determining whether sufficient probable cause exists for the prosecution to continue.
The 42-2 District Court serves New Baltimore, Chesterfield Township, New Haven, and Lenox Township.
The court handles misdemeanor criminal matters and initial felony proceedings.
The 16th Judicial Circuit Court in Mount Clemens handles felony criminal cases after they proceed beyond the district-court stage.
Felony cases can include:
Third-offense OWI
Felony assault
Serious drug offenses
Weapons offenses
Felony theft
Home invasion
Certain fleeing and eluding charges
Serious driving offenses
Other felony allegations
A felony charge does not mean a conviction is inevitable.
The defense may involve challenging whether the prosecution can prove every element of the offense, attacking the admissibility of evidence, contesting witness credibility, litigating constitutional issues, negotiating an appropriate resolution, or preparing the case for trial.
A strong defense begins by separating allegations from provable facts.
The defense may review:
Police reports
Body-camera footage
Dash-camera footage
Surveillance video
911 recordings
Witness statements
Photographs
Physical evidence
Laboratory results
Phone and digital evidence
Police communications
A police report is one version of events. It is not automatically the complete story.
Depending on the case, important questions can include:
Was the traffic stop lawful?
Was there probable cause for the arrest?
Was a search lawful?
Was a warrant valid?
Were statements obtained legally?
Were constitutional rights violated?
Was evidence properly collected and preserved?
A constitutional violation can sometimes result in important evidence being suppressed.
Being arrested is not the same as being guilty.
The prosecution must prove the required elements of the charged offense.
The defense should identify what the prosecution can prove, what it cannot prove, and which evidence can legitimately be challenged.
Negotiation is strongest when supported by preparation.
Weak evidence, inconsistent witnesses, legal problems, mitigation, treatment, rehabilitation, evidentiary motions, or genuine trial issues may affect how a case can be resolved.
Not every criminal case goes to trial.
But meaningful trial preparation can affect the entire case.
The ability and willingness to litigate contested issues can create leverage that does not exist when the defense simply accepts the prosecution’s version of events.
A Macomb County OWI arrest can create both criminal and driver’s-license consequences.
OWI cases may involve evidence such as:
Traffic-stop observations
Field sobriety testing
Preliminary breath testing
Datamaster breath testing
Blood testing
Body-camera footage
Dash-camera footage
Officer observations
Chemical-test procedures
Important defense questions may include whether the vehicle was lawfully stopped, whether testing was administered properly, whether chemical evidence is reliable, and whether police observations match the video evidence.
A DUI charge should be evaluated from the evidence outward—not from the charge backward.
Domestic violence cases can have consequences that begin before the case is resolved.
Bond conditions may restrict contact with another person or access to a residence.
The defense may require careful examination of:
911 recordings
Body-camera footage
Witness credibility
Injuries or lack of injuries
Photographs
Text messages
Prior statements
Conflicting accounts
Domestic violence allegations can be emotionally charged. The evidence still has to be examined objectively.
Assault cases often turn on details that are disputed.
Questions may include:
Who initiated the confrontation?
Was self-defense involved?
Are witness accounts consistent?
Does video exist?
Do physical injuries match the allegations?
Was there actually an intent to commit an assault?
Witness credibility can be central to the defense.
Drug prosecutions may raise important search-and-seizure questions.
The defense may examine:
Why police initiated the encounter
Whether a traffic stop was lawful
Whether police had authority to search
Whether consent was actually given
Who possessed or controlled the alleged drugs
Laboratory testing
Chain of custody
Statements attributed to the defendant
Possession must be proven; proximity alone does not necessarily resolve the issue.
Theft-related cases frequently involve questions about intent.
Evidence can include:
Surveillance footage
Receipts
Witness statements
Store records
Statements to loss-prevention personnel
Police body-camera footage
The precise facts matter.
A probation violation can expose someone to additional consequences even after the original criminal case appeared to be resolved.
Alleged violations can involve:
Positive alcohol or drug tests
Missed tests
Failure to report
New criminal allegations
Failure to complete counseling
Failure to pay required obligations
Leaving the state without permission
Violating other probation conditions
Responding quickly can be important.
Matthew Fraiberg is a Michigan criminal defense attorney, former prosecutor, and former judicial clerk.
Licensed in Michigan since 1997, he has more than 28 years of legal experience.
His approach begins with a basic question:
What does the evidence actually prove?
That means examining the prosecution’s evidence, identifying weaknesses, determining whether constitutional violations occurred, and evaluating the case for negotiation, motions, or trial.
Eric L. Pernie is a Michigan criminal defense attorney and former police officer.
His law-enforcement background provides another perspective when examining:
Police procedure
Traffic stops
Arrest decisions
Searches
Investigative techniques
Officer observations
Body-camera evidence
Police reports
Together, Fraiberg & Pernie combines prosecutorial, criminal-defense, courtroom, and law-enforcement experience when evaluating a case.
Not necessarily.
The possibility of jail depends on the charge, criminal history, facts, applicable sentencing law, court, and ultimate resolution. Many misdemeanor cases do not result in jail, but every case should be evaluated individually.
Yes, some criminal cases are dismissed.
Whether dismissal is realistic depends on the evidence and legal issues. Possible issues can include insufficient evidence, constitutional violations, unavailable or unreliable witnesses, or evidence that cannot legally be admitted.
No lawyer can legitimately guarantee a dismissal.
Charges are sometimes reduced through negotiations.
The likelihood depends on the evidence, charge, criminal history, mitigation, prosecutor, and other circumstances.
You have the right to remain silent and the right to speak with an attorney.
Statements intended to explain the situation can become evidence. If you are a suspect in a criminal investigation, consider obtaining legal advice before agreeing to an interview.
An arraignment generally involves advising the defendant of the charge and addressing plea and bond issues.
Bond conditions can affect a defendant immediately and may include alcohol or drug testing, travel restrictions, no-contact provisions, or other requirements.
A bond violation can result in additional restrictions and potentially revocation or modification of bond.
Take every bond condition seriously even if you disagree with the underlying charge.
A felony case generally begins in the district court with jurisdiction over where the alleged offense occurred.
If the case is bound over after the district-court stage, it proceeds to the Macomb County 16th Judicial Circuit Court.
A probable cause conference occurs during the early stages of a Michigan felony prosecution.
It provides an opportunity for the attorneys to address the case before a preliminary examination and can involve discussions concerning evidence, charges, potential resolution, and whether the preliminary examination will proceed.
A preliminary examination is an important stage of a felony case at which the prosecution must present sufficient evidence under Michigan law to support moving the felony prosecution forward.
The defense may challenge evidence, question witnesses, preserve testimony, or evaluate whether waiving the examination makes strategic sense.
There are situations where early representation can be valuable.
If police are investigating you, requesting an interview, executing a search warrant, or seeking evidence, an attorney may be able to intervene before formal charges are filed.
Do not ignore it.
An attorney can investigate the warrant and determine the appropriate way to address it. Voluntarily and strategically resolving a warrant can be very different from unexpectedly being arrested.
There is no universal timeline.
The length depends on whether the case is a misdemeanor or felony, complexity of the evidence, motions, negotiations, court scheduling, and whether the case proceeds to trial.
A defendant has constitutional rights concerning representation, but criminal cases can involve evidentiary rules, constitutional law, sentencing consequences, driver’s-license issues, and procedural requirements.
The consequences of a criminal conviction can last much longer than the court case itself.
The period immediately following an arrest can be important.
Early defense work may allow an attorney to:
Preserve video or other evidence
Identify witnesses
Review bond conditions
Prevent avoidable bond violations
Investigate the allegations
Examine police conduct
Evaluate constitutional issues
Begin developing mitigation
Prepare for negotiations
Prepare for litigation or trial
The goal is not simply to react to what the prosecution does.
The goal is to understand the evidence early enough to make informed strategic decisions.
If you have been arrested, charged with a crime, contacted by investigators, or learned that there is a warrant for your arrest in Macomb County, consider speaking with an attorney before making decisions that could affect your case.
Fraiberg & Pernie represents clients facing criminal charges throughout Macomb County, including cases arising in:
Warren
Center Line
Eastpointe
Roseville
Fraser
St. Clair Shores
Sterling Heights
Shelby Township
Clinton Township
Mount Clemens
Romeo
Washington Township
Chesterfield Township
New Baltimore
New Haven
Macomb Township
Other Macomb County communities
Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.
Criminal charges are allegations. The evidence—and what the prosecution can legally prove—matters.
Call (248) 986-2682 today.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew Fraiberg
Michigan Criminal Defense Attorney
28+ years experience
Fraiberg & Pernie represents clients throughout Michigan, including:
Oakland County
Macomb County
Wayne County
We serve clients throughout Michigan, including, but not limited to, those in the following in Oakland County including Southfield, Novi, Troy, Pontiac, Walled Lake, Commerce Township, Waterford, Royal Oak, Rochester Hills, Farmington Hills, Hazel Park, West Bloomfield, Birmingham, Keego Harbor, Clarkston, White Lake, Ferndale, Bloomfield Township and Bloomfield Hills
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