FRAIBERG & PERNIE


If you were arrested or charged with a misdemeanor, felony, assault, domestic violence offense, drug crime, theft offense, probation violation, or criminal driving offense arising within the jurisdiction of the 46th District Court, early legal strategy can affect what happens next.
The 46th District Court in Southfield, Michigan handles misdemeanor criminal cases and the preliminary stages of felony prosecutions arising within its geographic jurisdiction.
The court serves:
Southfield
Lathrup Village
Beverly Hills
Franklin
Bingham Farms
Southfield Township
Important concerns immediately after an arrest may include:
Understanding bond conditions
Preparing for arraignment
Preserving video and electronic evidence
Protecting employment
Protecting professional licenses
Avoiding additional criminal allegations
Complying with testing or reporting requirements
Identifying constitutional or evidentiary defenses
A criminal charge is an allegation.
It is not a conviction.
A strong defense begins by asking:
What does the prosecution have to prove?
What does the actual evidence show?
Were constitutional protections followed?
What can be done now to improve the client’s position?
Fraiberg & Pernie represents individuals facing criminal charges in the 46th District Court and throughout Oakland County, Michigan.
Call (248) 986-2682 to request a confidential consultation.
| Topic | Information |
|---|---|
| Court | 46th District Court |
| Location | Southfield, Michigan |
| Address | 26000 Evergreen Road, Southfield, MI |
| County | Oakland County |
| Communities served | Southfield, Lathrup Village, Beverly Hills, Franklin, Bingham Farms and Southfield Township |
| Criminal jurisdiction | Misdemeanors and preliminary proceedings in felony cases |
| Common matters | Assault, domestic violence, theft, drug charges, suspended-license offenses, reckless driving and probation violations |
| Defense firm | Fraiberg & Pernie |
| Attorney | Matthew Fraiberg |
| Experience | Michigan attorney since 1997; former prosecutor and former judicial clerk |
The City of Southfield confirms that the 46th District Court has jurisdiction over criminal misdemeanors and handles arraignments, bail and preliminary examinations in felony matters.
The 46th District Court has geographic jurisdiction over:
City of Southfield
City of Lathrup Village
Village of Beverly Hills
Village of Franklin
Village of Bingham Farms
Southfield Township
This is important because the court handling a criminal case is generally determined by where the alleged offense occurred, not simply by where the defendant lives.
For example, a person who lives elsewhere in Michigan can still have a criminal case in the 46th District Court if the alleged offense occurred within the court’s jurisdiction.
The 46th District Court handles misdemeanor criminal matters and the district-court stages of felony cases.
Common proceedings include:
Arraignment
Bond determination
Pretrial conferences
Probable-cause conferences
Preliminary examinations
Evidentiary motions
Plea negotiations
Misdemeanor trials
Sentencing
Probation
Probation-violation proceedings
The court maintains a dedicated Misdemeanor/Felony Division responsible for processing and scheduling criminal cases.
A felony case generally begins in district court even though the final felony proceedings usually take place in circuit court.
A felony case arising within the 46th District Court’s jurisdiction may involve:
The defendant is advised of the charge and the court addresses bond.
The defense and prosecution may discuss:
Discovery
Potential resolution
Evidentiary issues
Preliminary-examination scheduling
The prosecution must satisfy the legal standard necessary to bind the felony case over for further proceedings.
If the case is bound over, it generally proceeds to the Oakland County Circuit Court.
That makes the district-court stage an important part of felony defense.
The first few days can matter because evidence can disappear and bond conditions may already be in effect.
Do not assume that you may:
Travel freely
Consume alcohol
Use controlled substances
Contact an alleged victim
Miss testing
Leave Michigan
Possess weapons
Ignore reporting requirements
The written court order controls.
If a condition is unclear, obtain legal advice rather than guessing.
Potentially important evidence may include:
Body-camera footage
Dash-camera footage
Business surveillance video
Residential security-camera footage
911 recordings
Dispatch recordings
Text messages
Emails
Social-media communications
Photographs
Phone records
Receipts
Location data
Witness information
Medical records
Some surveillance systems overwrite footage quickly.
Early preservation can be important.
Statements made after an arrest can become evidence.
Avoid posting about:
What happened
The alleged victim
Witnesses
Police conduct
Potential defenses
Court proceedings
Even a statement intended as an explanation can later be interpreted differently.
Southfield contains major highways, heavily traveled surface roads, office districts, retail areas and residential communities.
Criminal investigations may arise near:
Telegraph Road
Northwestern Highway
Evergreen Road
Lahser Road
Eight Mile Road
Ten Mile Road
M-39 / Southfield Freeway
M-10 / Lodge Freeway
Location can affect the available evidence.
For example, a traffic-related criminal investigation on the Lodge Freeway may involve:
Police dash-camera footage
Body-camera footage
Traffic conditions
Lighting
Road configuration
Vehicle positioning
An alleged theft offense at a retail establishment may instead involve:
Surveillance cameras
Loss-prevention witnesses
Receipts
Inventory records
Electronic payment information
An assault allegation arising in a residential or commercial setting may involve:
Witness credibility
Video
911 recordings
Photographs
Self-defense
Medical evidence
The defense should be built around the evidence actually available in that particular case.
Arraignment is often the defendant’s first court appearance.
Depending on the case, the court may:
Advise the defendant of the charge
Explain potential penalties
Address representation
Set or review bond
Impose conditions of release
Schedule future proceedings
Bond conditions can become important immediately.
Violating a bond condition can create consequences separate from the underlying criminal charge.
A misdemeanor case commonly proceeds to one or more pretrial conferences.
During this stage, the defense may:
Obtain discovery
Review police reports
Review video
Interview witnesses
Examine forensic evidence
Identify legal issues
Discuss possible resolutions
Prepare motions
Prepare for trial
Many criminal cases are resolved during the pretrial stage.
That does not mean a defendant should automatically accept the first offer.
The evidence should be reviewed first.
An alleged bond violation can result in another court proceeding.
Potential consequences may include:
Modified bond conditions
Additional restrictions
Increased testing
Increased bond
Revocation of bond
Temporary incarceration
A warrant for failure to appear in appropriate circumstances
If a potential bond violation occurs, address it promptly.
Ignoring it can make the situation worse.
Assault cases often involve disputed facts.
Important issues can include:
Who initiated the confrontation
Self-defense
Witness credibility
Video evidence
Injuries
Prior statements
911 calls
Physical evidence
When witness testimony conflicts, details can matter.
Domestic violence cases may create immediate concerns involving:
No-contact bond conditions
Removal from a residence
Parenting issues
Firearm restrictions
Employment
Professional licensing
The evidence may include:
Body-camera footage
Witness statements
Text messages
Photographs
911 calls
Medical evidence
Statements made at the scene
An arrest does not establish that every allegation is accurate.
Drug-related prosecutions may involve:
Controlled-substance offenses
Possession with intent to deliver
Prescription-related offenses
Defense issues can include:
Legality of the traffic stop
Search and seizure
Consent
Search warrants
Constructive possession
Statements
Laboratory testing
Chain of custody
The Fourth Amendment may become particularly important in drug cases.
Theft-related allegations can involve:
Larceny
Embezzlement
Other property offenses
Evidence can include:
Surveillance footage
Witness statements
Transaction records
Receipts
Electronic communications
Proof of ownership
Evidence concerning intent
A theft conviction can also create concerns involving employment and background checks.
A suspended-license charge can create additional driver’s-license complications.
The defense should determine:
Why the license was suspended
Whether proper notice existed
Whether the underlying problem can be corrected
Whether driving privileges can be restored
Whether the criminal charge can be reduced or otherwise resolved
Fixing the underlying license issue can sometimes improve the overall situation.
Criminal traffic cases may involve:
Leaving the scene of an accident
Driving while license suspended
Other misdemeanor traffic offenses
Potential evidence may include:
Officer observations
Dash-camera footage
Witness statements
Vehicle data
Accident reconstruction
Traffic-camera footage
These cases should be treated as criminal matters rather than ordinary traffic tickets when the offense carries criminal penalties.
The 46th District Court has a probation department that supervises defendants placed on probation and performs alcohol assessments and presentence investigations.
Alleged probation violations may involve:
Positive alcohol tests
Positive drug tests
Missed testing
Failure to report
Failure to complete treatment
New criminal allegations
Failure to comply with another probation condition
An allegation of a violation is not the same as proof.
The defense should determine:
What condition was allegedly violated
What evidence supports the claim
Whether there is an explanation
Whether the alleged violation can be challenged
Criminal cases frequently involve constitutional questions.
Potential issues include:
Was the traffic stop lawful?
Did police have authority to detain the person?
Was consent voluntarily given?
Did officers have a search warrant?
Was the warrant valid?
Did officers remain within the authorized scope?
Was evidence obtained from a phone legally?
Was a residence lawfully searched?
Evidence obtained in violation of constitutional protections may potentially be subject to suppression.
The answer depends on the facts.
Statements made during an investigation can become important evidence.
Defense review may include:
Whether the person was in custody
Whether interrogation occurred
Whether Miranda warnings were required
Whether warnings were given
Whether statements were voluntary
Whether video provides context missing from the report
A short statement quoted in a police report can sometimes sound very different when the entire interaction is reviewed.
Body-camera footage can be one of the most useful pieces of evidence in a criminal case.
It may show:
Defendant’s demeanor
Witness statements
Officer instructions
Searches
Consent discussions
Injuries
Statements
Scene conditions
Events omitted from a written report
Sometimes video supports the police report.
Sometimes it raises additional questions.
That is why the evidence should be reviewed rather than assumed.
Some people discover an outstanding warrant after:
A traffic stop
A background check
Contact with police
A driver’s-license matter
Learning that a prior court date was missed
A warrant should generally be addressed proactively.
The appropriate strategy depends on:
Why the appearance was missed
How long the warrant has existed
The original charge
Prior court history
Whether the person voluntarily addresses the warrant
Waiting for an unexpected arrest usually provides less control over the situation.
Yes, criminal charges can sometimes be dismissed when the evidence or law supports dismissal.
Possible issues can include:
Insufficient evidence
Illegal searches
Unlawful traffic stops
Inadmissible statements
Witness credibility problems
Missing evidence
Surveillance-video inconsistencies
Constitutional violations
Failure to prove an element of the offense
No lawyer can ethically guarantee dismissal.
A better question is:
What weaknesses exist in the prosecution’s case?
Potential reductions depend on factors such as:
Charge
Criminal history
Strength of the evidence
Legal issues
Prosecutor
Court
Mitigating circumstances
Defendant’s conduct while the case is pending
Some cases resolve through reductions or other negotiated dispositions.
Others may involve motions or trial.
The appropriate strategy depends on the evidence.
Matthew Fraiberg is a Michigan criminal defense attorney and managing partner of Fraiberg & Pernie.
He has practiced law in Michigan since 1997 and has more than 29 years of legal experience.
His professional background includes:
Criminal defense attorney
Former City Prosecutor
Former Judicial Clerk
Former Assistant Legal Research Clerk working with Oakland County Circuit Court judges
Extensive criminal-defense experience throughout Oakland County
Fraiberg’s approach begins with a basic question:
What does the evidence actually prove?
That means examining the case beyond the police report and determining whether the prosecution can establish every required element.
Eric L. Pernie is a Michigan criminal defense attorney and co-founder of Fraiberg & Pernie.
Before becoming an attorney, Pernie served as a police officer.
That law-enforcement background provides additional perspective when evaluating:
Police reports
Traffic stops
Officer conduct
Searches
Arrest procedures
Investigative techniques
Body-camera evidence
A criminal-defense team with both prosecutorial and law-enforcement experience can evaluate a case from several perspectives.
Fraiberg & Pernie concentrates its practice on criminal defense and DUI/OWI matters.
The firm’s approach emphasizes:
Do not assume the accusation proves the case.
Review the evidence.
Matthew Fraiberg has experience evaluating criminal cases from both the prosecution and defense perspectives.
Eric Pernie’s prior law-enforcement experience provides insight into police procedures and investigations.
The attorneys regularly handle matters in Oakland County courts.
Negotiation can be more effective when the defense is prepared to litigate legitimate legal and evidentiary issues.
Clients should understand:
The charge
Potential penalties
Bond conditions
Evidence
Defense options
What happens next
Someone searching for the best criminal defense lawyer in Southfield is usually trying to identify the attorney best suited for the particular case.
Questions worth asking include:
How much of your practice involves criminal defense?
Have you handled cases in the 46th District Court?
Who will personally appear in court with me?
Will you review body-camera and surveillance video?
Do you handle felony preliminary examinations?
Do you file evidentiary motions when appropriate?
How do you evaluate search-and-seizure issues?
How do you handle bond violations?
Are you prepared to try the case?
How will you keep me informed?
No attorney can guarantee a particular result.
Experience, preparation and evidence review can nevertheless matter substantially.
The court is located in the Southfield Municipal Complex at 26000 Evergreen Road in Southfield, Michigan. The court’s current information lists counter hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The 46th District Court is in Oakland County, Michigan.
It serves Southfield, Lathrup Village, Beverly Hills, Franklin, Bingham Farms and Southfield Township.
Yes. The court has jurisdiction over criminal misdemeanors where the authorized punishment does not exceed one year.
Felony cases begin in district court. The 46th District Court handles proceedings including arraignment and preliminary examination before a qualifying felony case may proceed to circuit court.
The defendant is advised of the charge, and issues such as bond and future proceedings may be addressed.
Depending on the case and court order, conditions of release may include testing or other restrictions.
Always follow the written bond order.
A bond violation can potentially result in modified conditions, increased bond, revocation of bond or other court action.
Potentially.
Dismissal depends on the evidence, legal issues and circumstances of the individual case.
Some cases result in negotiated reductions, but no reduction is automatic.
Yes.
Video may corroborate or contradict witness testimony and police reports.
Police access to digital information can raise Fourth Amendment and warrant issues.
The legality depends on the circumstances.
Vehicle searches are governed by constitutional and statutory rules.
Whether a particular search was lawful depends on the facts.
The defense may still examine whether consent was actually voluntary and whether officers remained within its lawful scope.
Inconsistencies in witness accounts may become important when evaluating credibility.
Not if a bond or court order prohibits contact.
Even if the other person initiates communication, the court order still controls.
Statements can become evidence.
A person facing criminal allegations should consider obtaining legal advice before discussing the facts of the case further.
A missed court date should be addressed promptly, particularly if a warrant has been issued.
Yes.
The appropriate procedure depends on the charge, court history and circumstances surrounding the warrant.
The case generally proceeds to the Oakland County Circuit Court for subsequent felony proceedings.
Early representation can help preserve evidence, identify witnesses, address bond issues and begin developing a defense before opportunities are lost.
If you have been arrested or charged with a crime arising in Southfield, Lathrup Village, Beverly Hills, Franklin, Bingham Farms or Southfield Township, the case may be handled in the 46th District Court in Southfield.
Do not assume the police report tells the entire story.
A proper criminal-defense review should ask:
What does the prosecution have to prove?
What does the video show?
Are the witnesses reliable?
Was the search lawful?
Were statements legally obtained?
Was evidence properly preserved?
Are there grounds to suppress evidence?
Can the prosecution prove every element beyond a reasonable doubt?
Fraiberg & Pernie represents clients facing misdemeanor and felony criminal charges throughout Oakland County.
For a confidential consultation concerning a case in the 46th District Court, call Fraiberg & Pernie at (248) 986-2682.
Protect your record. Protect your career. Protect your freedom. Protect your future.
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
Attorney Reviewed and Updated August, 2026
Michigan Criminal Defense Attorney
29+ 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; Wayne County including Detroit, Livonia, Canton, Northville, Plymouth, Romulus, Dearborn, Wayne, Wyandotte, Westland, Taylor, Redford, Lincoln Park, Woodhaven, Southgate, and Allen Park; Macomb County including Warren, Sterling Heights, Shelby Township, Mount Clemens, Clinton Township, New Baltimore, Roseville, St. Clair Shores, Eastpointe, and Romeo; Livingston County including Brighton and Howell; Washtenaw County including Ann Arbor, Ypsilanti and Chelsea; Genesee County including Flint and Grand Blanc; and Lapeer County including Lapeer and Metamora.
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