FRAIBERG & PERNIE

Michigan Misdemeanor Defense Lawyer

Michigan Misdemeanor Defense Lawyer

Michigan Criminal Defense Attorney for Misdemeanor Charges – Matthew A. Fraiberg

Charged With a Misdemeanor in Michigan? Protecting Your Record, Career, Driver’s License, and Future Starts Now.

A misdemeanor charge in Michigan can have consequences that extend far beyond a court appearance. Depending on the offense, a conviction may result in jail time, probation, court fines, driver’s license sanctions, professional licensing issues, immigration consequences, and a permanent criminal record.

For many people, the most serious consequences occur long after the case ends. Employers, licensing boards, colleges, graduate schools, landlords, and government agencies frequently conduct background checks that may reveal criminal convictions.

Michigan criminal defense attorney Matthew A. Fraiberg has more than 28 years of experience representing individuals charged with misdemeanor offenses throughout Macomb County, Oakland County, Wayne County, and courts across Southeast Michigan.

At Fraiberg & Pernie, every misdemeanor case begins with a comprehensive evaluation of the evidence, police conduct, legal defenses, court-specific procedures, diversion opportunities, and long-term record protection strategies.

The objective is not simply resolving a criminal charge. The objective is protecting a client’s future.


Quick Answers About Michigan Misdemeanor Charges

What is a misdemeanor in Michigan?

A misdemeanor is a criminal offense punishable by up to two years in jail. Most misdemeanor cases are handled in Michigan district courts and may involve probation, fines, community service, treatment requirements, driver’s license consequences, and criminal record implications.

Can a misdemeanor be dismissed?

Yes. Some misdemeanor cases are dismissed because of insufficient evidence, constitutional violations, unlawful searches, witness credibility issues, prosecutorial discretion, or successful completion of diversion programs.

Will I go to jail for a misdemeanor?

Not necessarily. Many first-offense misdemeanor cases resolve without jail, depending on the facts, criminal history, court involved, and available defense strategies.

Can a misdemeanor affect employment?

Yes. Criminal convictions may appear during background checks and can affect employment opportunities, professional licenses, government clearances, and career advancement.

Should I hire a lawyer for a misdemeanor?

Even misdemeanor convictions can create lasting consequences. Early legal representation often identifies defenses, diversion opportunities, record-protection options, and weaknesses in the prosecution’s case.


What Should You Do Immediately After Being Charged With a Misdemeanor?

The decisions made during the first days of a criminal case can significantly influence the outcome.

Do Not Discuss the Case With Police

Statements made during investigations frequently become important evidence for prosecutors.

Preserve Evidence Immediately

Save:

  • Text messages

  • Emails

  • Social media communications

  • Photographs

  • Videos

  • Witness contact information

Critical evidence often disappears quickly.

Follow All Bond Conditions

Violating bond requirements can complicate a case and reduce available defense options.

Contact a Criminal Defense Attorney Early

The earlier an attorney becomes involved, the greater the opportunity to identify legal defenses and strategic opportunities.


The Seven Biggest Mistakes People Make After a Michigan Misdemeanor Arrest

Many misdemeanor cases become more difficult because of avoidable mistakes.

The most common include:

  1. Talking to police without legal counsel

  2. Assuming a misdemeanor is “not serious”

  3. Waiting until the first court date to hire an attorney

  4. Deleting texts, emails, or social media posts

  5. Violating bond conditions

  6. Contacting alleged victims when prohibited

  7. Accepting a plea agreement without understanding the long-term consequences

Avoiding these mistakes can significantly improve the available options in a case.


Why Hiring a Lawyer Early Can Change the Outcome of a Misdemeanor Case

Many opportunities exist only during the earliest stages of a criminal case.

Early representation may allow an attorney to:

  • Preserve favorable evidence

  • Obtain surveillance footage before it is deleted

  • Identify constitutional violations

  • Challenge unlawful police conduct

  • Evaluate diversion opportunities

  • Protect professional licenses

  • Limit driver’s license consequences

  • Negotiate favorable resolutions before positions become fixed

Waiting often eliminates opportunities that cannot be recovered later.


Common Misdemeanor Charges in Michigan

Fraiberg & Pernie represent individuals facing a wide range of misdemeanor offenses.

OWI and DUI Charges

Including:

  • Operating While Intoxicated (OWI)

  • Operating While Visibly Impaired (OWVI)

  • High BAC offenses

  • Zero Tolerance violations

Potential consequences include license suspension, probation, treatment requirements, fines, and criminal record concerns.

Domestic Violence Charges

Domestic violence allegations frequently involve:

  • Family disputes

  • Relationship conflicts

  • No-contact orders

  • Credibility disputes

A conviction may affect employment, professional licensing, and firearm rights.

Assault and Battery Charges

Many assault cases involve disputed facts, self-defense claims, witness credibility issues, or false allegations.

Drug Possession Charges

Drug-related offenses frequently involve search and seizure issues that may affect the admissibility of evidence.

Eligible individuals may qualify for protections such as MCL 333.7411.

Retail Fraud and Theft Charges

Retail fraud allegations often create significant employment and background-check concerns.

Many first-time offenders may qualify for alternative resolutions.

Driving While License Suspended

These cases may involve:

  • License sanctions

  • Insurance consequences

  • Additional criminal penalties

Probation Violations

Probation violation allegations often require immediate attention because they may expose a defendant to additional penalties or jail.


What Happens After a Misdemeanor Arrest in Michigan?

Most misdemeanor cases follow several stages.

Arraignment

The court advises the defendant of the charges and establishes bond conditions.

Pretrial Conferences

Evidence is reviewed and discussions regarding possible resolutions occur.

Motions and Legal Challenges

Attorneys may challenge:

  • Traffic stops

  • Arrest procedures

  • Search warrants

  • Statements to police

  • Evidence admissibility

Resolution or Trial

Cases may conclude through:

  • Dismissal

  • Reduction

  • Diversion

  • Deferred sentencing

  • Plea agreement

  • Trial


Why Misdemeanor Cases Are Sometimes Dismissed

Dismissals may occur because of:

  • Illegal traffic stops

  • Unconstitutional searches

  • Lack of probable cause

  • Insufficient evidence

  • Discovery violations

  • Inconsistent witness testimony

  • Prosecutorial discretion

  • Successful diversion completion

Each case requires a detailed evaluation of the facts and evidence.


Can a Misdemeanor Stay Off Your Record?

In some situations, yes.

Potential record-protection options may include:

  • HYTA

  • MCL 333.7411

  • Domestic Violence Deferral

  • Diversion programs

  • Delayed sentencing agreements

  • Expungement opportunities

Protecting a client’s record is often one of the most important goals in misdemeanor defense.


Consequences Beyond Court

Many individuals focus on potential jail time.

In reality, the collateral consequences of a conviction often create the greatest long-term impact.

Potential consequences include:

  • Employment difficulties

  • Professional licensing problems

  • Nursing license concerns

  • Medical license concerns

  • Teaching certificate issues

  • Commercial driver’s license consequences

  • Security clearance problems

  • Immigration consequences

  • Housing application denials

  • College admissions concerns

  • Graduate school admissions concerns

These consequences can continue long after a criminal case concludes.


Why Matthew A. Fraiberg Brings a Different Perspective

Few criminal defense attorneys have evaluated cases from multiple perspectives within the legal system.

Matthew A. Fraiberg’s background includes experience as:

  • A criminal defense attorney

  • A prosecutor

  • A judicial clerk

This experience provides insight into:

  • How prosecutors evaluate evidence

  • How judges analyze legal issues

  • How plea negotiations develop

  • How probation departments assess defendants

  • How district courts approach sentencing decisions

Combined with more than 28 years of criminal defense experience and thousands of criminal matters handled, this perspective helps clients make informed decisions throughout the legal process.


Michigan District Courts Handling Misdemeanor Cases

Macomb County

  • 37th District Court – Warren

  • 38th District Court – Eastpointe

  • 39th District Court – Roseville

  • 41-A District Court – Shelby Township

  • 41-B District Court – Clinton Township

  • 42-1 District Court – Romeo

  • 42-2 District Court – New Baltimore

Oakland County

  • 43rd District Court – Ferndale

  • 44th District Court – Royal Oak

  • 45th District Court – Oak Park

  • 46th District Court – Southfield

  • 47th District Court – Farmington Hills

  • 48th District Court – Bloomfield Hills

  • 50th District Court – Pontiac

  • 52-1 District Court – Novi

  • 52-2 District Court – Clarkston

  • 52-3 District Court – Rochester Hills

  • 52-4 District Court – Troy

Wayne County

  • 16th District Court – Livonia

  • 18th District Court – Westland

  • 19th District Court – Dearborn

  • 20th District Court – Dearborn Heights

  • 21st District Court – Garden City

  • 22nd District Court – Inkster

  • 23rd District Court – Taylor

  • 27th District Court – Wyandotte

  • 29th District Court – Wayne

  • 34th District Court – Romulus

  • 35th District Court – Plymouth and Canton

  • 36th District Court – Detroit

Every district court operates differently. Bond conditions, diversion opportunities, probation expectations, and sentencing practices often vary significantly from one court to another.


Frequently Asked Questions About Michigan Misdemeanor Charges

Is a misdemeanor a crime in Michigan?

Yes.

Can a misdemeanor be reduced?

In some cases, reductions may be available depending on the facts and evidence.

What happens at arraignment?

The court advises the defendant of the charge and bond conditions.

Can a misdemeanor affect employment?

Yes.

Can a misdemeanor affect professional licensing?

Yes.

Can a misdemeanor affect immigration status?

Potentially, depending on the offense.

Can a misdemeanor affect college admissions?

Yes.

What is HYTA?

Michigan’s Holmes Youthful Trainee Act may provide record-protection benefits for eligible individuals.

What is MCL 7411?

A Michigan statute that may allow eligible individuals to avoid a public drug conviction.

Can a misdemeanor be expunged?

Some convictions may qualify for expungement under Michigan law.

What if this is my first offense?

Many first-offense defendants may have access to diversion or record-protection opportunities.


Related Criminal Defense Topics

  • Michigan OWI Lawyer

  • Michigan Domestic Violence Lawyer

  • Michigan Assault Lawyer

  • Michigan Drug Possession Lawyer

  • Michigan Retail Fraud Lawyer

  • Michigan Juvenile Defense Lawyer

  • Michigan Probation Violation Lawyer

  • Michigan Driver’s License Restoration Lawyer


What Most Clients Really Want to Know

Most people charged with a misdemeanor are not asking whether they can pay a fine.

They are asking:

  • Will this stay off my record?

  • Will I lose my job?

  • Can I keep my driver’s license?

  • Will this affect my professional license?

  • Can the charge be reduced?

  • Can the case be dismissed?

  • How do I protect my future?

The answers depend on the facts, evidence, court, and available legal defenses. Early action often creates opportunities that may not exist later.


Speak With Michigan Criminal Defense Attorney Matthew A. Fraiberg

If you have been charged with a misdemeanor in Michigan, obtaining legal guidance early can significantly affect the outcome of your case.

Fraiberg & Pernie represent clients throughout Macomb County, Oakland County, Wayne County, and Southeast Michigan, helping individuals protect their records, careers, licenses, reputations, and futures.

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

General Michigan Criminal Law FAQ


HYTA and Record Protection

What is the Holmes Youthful Trainee Act (HYTA)?

HYTA is a Michigan legal status available to individuals typically between ages 18 and 25 that allows certain criminal charges to be resolved without a public conviction.

If successfully completed:

  • The case is not publicly recorded as a conviction
  • The individual avoids a permanent criminal record
  • Employment, licensing, and education opportunities are better protected

Eligibility depends on the charge and prior record.


Immigration Consequences

Can a non-citizen be deported for a misdemeanor in Michigan?

Yes. Certain offenses—particularly those classified as crimes involving moral turpitude (CIMT)—can trigger immigration consequences.

Possible risks include:

  • Deportation proceedings
  • Visa denial or revocation
  • Green card complications
  • Restrictions on re-entry to the United States

Because of these risks, how a charge is resolved can be critical for non-citizens.


Expungement and Clean Slate Law

How does Michigan’s Clean Slate law affect my record?

Michigan law allows for automatic expungement of certain convictions:

  • Some misdemeanors may be set aside after approximately 7 years
  • Some felonies may be eligible after approximately 10 years

Additional convictions may require a formal petition to be set aside. Eligibility depends on the number and type of offenses.


OWI / DUI and Driver’s License Questions

Will I lose my license immediately after a DUI or OWI arrest?

Not always.

  • If you took a chemical test:
    You typically receive a temporary driving permit and no immediate suspension
  • If you refused the test:
    You may receive a notice of suspension and have approximately 14 days to request a hearing under Michigan’s implied consent law

What is the difference between a hard suspension and a restricted license?

  • Hard Suspension:
    No driving is permitted under any circumstances
  • Restricted License:
    Limited driving is allowed for specific purposes such as work, school, medical appointments, or court requirements

Eligibility depends on the type of offense and how the case is resolved.


What is Sobriety Court in Michigan?

Sobriety Courts are specialized programs that focus on treatment and supervision rather than traditional sentencing.

Potential features include:

  • Structured alcohol and drug monitoring
  • Counseling and treatment programs
  • Frequent court review hearings

In some cases, participation may allow for limited driving privileges even after repeat offenses.


Michigan Court Process

Do I have to appear in court for every hearing?

Not always.

Depending on the court and the stage of the case:

  • Some hearings may be conducted by Zoom
  • Attorneys may appear on behalf of clients in certain pretrial matters
  • Trials and sentencing hearings typically require in-person attendance

What happens if I miss a court date in Michigan?

A judge may issue a bench warrant and revoke bond.

This can result in:

  • Additional legal complications
  • Potential arrest
  • Delays in resolving the case

In some situations, a motion may be filed to address the warrant and return the case to court.


What is a pretrial conference?

A pretrial conference is a key stage in criminal and DUI cases where:

  • Evidence is reviewed
  • Legal issues may be raised
  • Potential resolutions are discussed

Many cases are resolved during this phase, depending on the strength of the evidence and the circumstances involved.

About Fraiberg & Pernie — Experience From Both Sides of the Courtroom

Fraiberg & Pernie is a Michigan criminal defense law firm representing clients throughout Oakland County, Macomb County, and Wayne County.

The firm’s perspective is shaped by experience in multiple roles within the legal system.

  • Matthew A. Fraiberg is a former city prosecutor and judicial clerk who has practiced criminal law in Michigan since 1997. His background includes evaluating cases from the prosecution side and working within the court system.
  • Eric L. Pernie is a former police officer with more than a decade of law enforcement experience, including traffic stops, field sobriety testing, and investigative procedures.

Together, these backgrounds provide familiarity with how cases are built, reviewed, and challenged at each stage.


How This Experience Applies to Criminal Defense

Criminal and DUI cases often depend on how evidence is developed and whether legal procedures were followed.

This includes:

  • How traffic stops and arrests are conducted
  • How field sobriety and chemical tests are administered
  • How reports are written and evidence is presented
  • How prosecutors evaluate and pursue charges

Understanding these processes can affect how a case is analyzed and how legal issues are identified.


Representation Across Southeast Michigan

Fraiberg & Pernie has handled criminal and DUI cases in courts throughout:

  • Oakland County
  • Macomb County
  • Wayne County

Including district and circuit courts across Metro Detroit.

Testimonials

Success Stories

Verified by MonsterInsights