FRAIBERG & PERNIE
A misdemeanor may sound minor, but in Michigan the real cost often shows up years after the courtroom goes quiet. A conviction can mean jail, probation, fines, driver’s license sanctions, professional licensing problems, immigration consequences, and a criminal record that surfaces on background checks run by employers, licensing boards, landlords, colleges, and government agencies.
Michigan criminal defense attorney Matthew Fraiberg has more than 28 years of experience representing people charged with misdemeanor offenses throughout Macomb, Oakland, and Wayne Counties and courts across Southeast Michigan. At Fraiberg & Pernie, every misdemeanor case starts with a full evaluation of the evidence, police conduct, available defenses, court-specific procedures, diversion opportunities, and long-term record protection. The goal is not merely to close out a charge — it is to protect a client’s future.
In Michigan, a misdemeanor is a criminal offense generally punishable by up to one year in a county jail and handled in district court (MCL 600.8311; MCL 761.1). A subset of offenses — sometimes called “high court misdemeanors” — carry maximum penalties of up to two years, but these are treated as felonies for jurisdictional, habitual-offender, and sentencing purposes. In practice, most misdemeanor cases involve probation, fines, community service, treatment requirements, driver’s license consequences, and criminal-record implications rather than lengthy incarceration.
Can a misdemeanor be dismissed?
Yes. Misdemeanor cases are dismissed for insufficient evidence, constitutional violations, unlawful searches, witness credibility problems, prosecutorial discretion, or successful completion of a diversion program.
Will I go to jail for a misdemeanor?
Not necessarily. Many first-offense misdemeanors resolve without jail, depending on the facts, criminal history, the court involved, and the available defense strategy.
Can a misdemeanor affect employment?
Yes. Criminal convictions may appear on background checks and can affect hiring, professional licenses, government clearances, and career advancement.
Should I hire a lawyer for a misdemeanor?
Even a misdemeanor conviction can carry lasting consequences. Early representation often uncovers defenses, diversion opportunities, record-protection options, and weaknesses in the prosecution’s case.
The choices made in the first few days can shape the entire case. Four steps matter most:
Do not discuss the case with police. Statements made during investigation frequently become key evidence for prosecutors.
Preserve evidence immediately. Save text messages, emails, social media posts, photographs, videos, and witness contact information — favorable evidence often disappears quickly.
Follow all bond conditions. Violating bond requirements complicates the case and narrows available defense options.
Contact a criminal defense attorney early. The sooner counsel is involved, the more opportunity there is to identify defenses and strategic options before positions harden.
Many misdemeanor cases become more difficult because of avoidable missteps:
Talking to police without legal counsel
Assuming a misdemeanor is “not serious”
Waiting until the first court date to hire an attorney
Deleting texts, emails, or social media posts
Violating bond conditions
Contacting an alleged victim when prohibited by a no-contact order
Accepting a plea agreement without understanding the long-term consequences
Avoiding these mistakes can meaningfully improve the options available in a case.
Some opportunities exist only in the earliest stages of a case. Getting a lawyer involved early can make it possible to preserve favorable evidence, obtain surveillance footage before it is overwritten, identify constitutional violations, challenge unlawful police conduct, evaluate diversion, protect professional licenses, limit driver’s license consequences, and negotiate favorable resolutions before the prosecution’s position becomes fixed. Waiting often closes doors that cannot be reopened later.
Fraiberg & Pernie handles a wide range of misdemeanor offenses.
OWI and DUI charges — including Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI), High BAC offenses, and Zero Tolerance violations. Potential consequences include license suspension, probation, treatment, fines, and a criminal record.
Domestic violence charges — frequently arising from family or relationship disputes, often involving no-contact orders and credibility disputes. A conviction may affect employment, professional licensing, and firearm rights.
Assault and battery charges — many of these cases turn on disputed facts, self-defense claims, witness credibility, or false allegations.
Drug possession charges — often involving search-and-seizure issues that affect the admissibility of evidence. Eligible individuals may qualify for protections under MCL 333.7411.
Retail fraud and theft charges — these allegations carry significant employment and background-check consequences, though many first-time offenders qualify for alternative resolutions.
Driving while license suspended — these cases can trigger additional license sanctions, insurance consequences, and criminal penalties.
Probation violations — violation allegations require prompt attention because they can expose a defendant to additional penalties or jail.
Most misdemeanor cases follow several stages:
Arraignment. The court advises the defendant of the charges and sets bond conditions.
Pretrial conferences. The parties review evidence and discuss possible resolutions.
Motions and legal challenges. The defense may challenge traffic stops, arrest procedures, search warrants, statements to police, and evidence admissibility.
Resolution or trial. A case may conclude through dismissal, reduction, diversion, deferred sentencing, a plea agreement, or trial.
Dismissals can result from an illegal traffic stop, an unconstitutional search, lack of probable cause, insufficient evidence, discovery violations, inconsistent witness testimony, prosecutorial discretion, or successful diversion completion. Each case requires a detailed evaluation of the facts and evidence.
In many situations, yes. Record-protection options may include:
HYTA (Holmes Youthful Trainee Act) — for eligible offenses committed between the 17th and 26th birthdays
MCL 333.7411 — for eligible first-time controlled-substance offenses
Domestic violence deferral
Diversion programs
Delayed sentencing agreements
Expungement under Michigan’s Clean Slate laws (MCL 780.621 et seq.)
Protecting a client’s record is often the most important goal in misdemeanor defense.
Many people fixate on potential jail time, but the collateral consequences of a conviction often create the greatest long-term impact. These can include employment difficulties, professional licensing problems (nursing, medical, teaching certificates, commercial driver’s licenses), security clearance problems, immigration consequences, housing application denials, and college and graduate school admissions issues. These consequences can continue long after the criminal case closes.
Few criminal defense attorneys have evaluated cases from multiple vantage points within the legal system. Matthew Fraiberg’s background includes service as a criminal defense attorney, a prosecutor, and a judicial clerk. That experience informs how prosecutors evaluate evidence, how judges analyze legal issues, how plea negotiations develop, how probation departments assess defendants, and how district courts approach sentencing. Combined with more than 28 years of criminal defense work, this perspective helps clients make informed decisions throughout the process.
Every district court operates differently — bond conditions, diversion availability, probation expectations, and sentencing practices vary significantly from one court to another. Fraiberg & Pernie appears regularly in the district courts across Macomb, Oakland, and Wayne Counties.
43rd District Court (Ferndale, Hazel Park, Madison Heights), 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), and 52-4 District Court (Troy).
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), and 36th District Court (Detroit).
Is a misdemeanor a crime in Michigan?
Yes. A misdemeanor is a criminal offense punishable by up to one year in jail, handled in district court under MCL 600.8311.
Can a misdemeanor be reduced?
In some cases, reductions are available depending on the facts, the evidence, and the strength of potential defenses.
What happens at arraignment?
The court advises the defendant of the charge, explains constitutional rights, and sets bond conditions and future court dates.
Can a misdemeanor affect professional licensing?
Yes. Licensing boards may treat a conviction as a basis for discipline, depending on the offense and the profession.
Can a misdemeanor affect immigration status?
Potentially. Certain convictions can carry immigration consequences, so non-citizens should have any plea evaluated for immigration impact before accepting it.
Can a misdemeanor affect college admissions?
Yes. Colleges and graduate programs often ask about criminal history, and a conviction can affect admissions, housing, and financial aid.
What is HYTA?
The Holmes Youthful Trainee Act (MCL 762.11) allows eligible defendants who commit certain offenses between their 17th and 26th birthdays to avoid a public criminal conviction by completing court-ordered conditions.
What is MCL 7411?
MCL 333.7411 allows eligible first-time controlled-substance offenders to avoid a public criminal conviction after successfully completing probation.
Can a misdemeanor be expunged?
Some convictions qualify for expungement (a set aside) under Michigan’s Clean Slate laws (MCL 780.621 et seq.), depending on the offense, criminal history, and waiting period.
What if this is my first offense?
Many first-offense defendants qualify for diversion or record-protection opportunities, making early evaluation especially valuable.
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, the evidence, the court, and the available defenses — and early action often creates opportunities that no longer exist later.
If you have been charged with a misdemeanor in Michigan, obtaining legal guidance early can significantly affect the outcome. Fraiberg & Pernie represents clients throughout Macomb, Oakland, and Wayne Counties and Southeast Michigan, helping people protect their records, careers, licenses, reputations, and futures. Call (248) 986-2682 for a confidential consultation.
Michigan Legislature — MCL 600.8311 (district court misdemeanor jurisdiction)
Michigan Legislature — MCL 761.1 (felony and misdemeanor definitions, Code of Criminal Procedure)
Michigan Courts — District Court Jurisdiction Benchbook (high court misdemeanors)
Michigan Legislature — MCL 762.11 (Holmes Youthful Trainee Act / HYTA)
Michigan Legislature — MCL 333.7411 (first-time controlled-substance deferral)
Michigan Legislature — MCL 780.621 (expungement / set aside, Clean Slate)
Written by Matthew Fraiberg — Michigan Criminal Defense Attorney, Former City Prosecutor, Judicial Clerk, DUI & OWI Defense Lawyer.
Fraiberg & Pernie, 1000 S Old Woodward, Suite 103, Birmingham Michigan 48009
Call (248) 986-2682 to schedule a confidential consultation.
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Written By: Matthew Fraiberg
Attorney Reviewed August, 2026
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