FRAIBERG & PERNIE
If you are arrested, charged with a crime, served with a warrant, or learn that you are under criminal investigation in Birmingham, Michigan, your case will often begin in the 48th District Court in Bloomfield Hills.
The first days after an arrest can affect bond conditions, evidence preservation, plea negotiations, driver’s license consequences in applicable cases, probation exposure, and long-term legal strategy.
Although Michigan criminal laws apply statewide, every court develops its own procedures and expectations. The 48th District Court has long been recognized for closely supervising criminal cases and carefully monitoring compliance with court orders, particularly in DUI, alcohol-related, and probation matters.
Matthew Fraiberg, managing partner of Fraiberg & Pernie, has represented individuals in the 48th District Court and courts throughout Southeast Michigan since being licensed in 1997. His practice focuses on criminal defense, DUI and OWI litigation, felony and misdemeanor cases, probation violations, and related criminal matters.
An arrest is an allegation—not a conviction. Every criminal case should be evaluated on its own facts, the available evidence, and the applicable law.
| Topic | Information |
|---|---|
| Community | Birmingham, Michigan |
| County | Oakland County |
| Primary Criminal Court | 48th District Court |
| Felony Court | Oakland County Circuit Court (after bindover, when applicable) |
| Common Criminal Charges | DUI/OWI, Assault, Domestic Violence, Drug Crimes, Theft, Fraud, Probation Violations, Weapons Offenses |
| First Court Event | Arraignment |
| Early Court Issues | Bond, travel restrictions, testing requirements, no-contact orders |
| Attorney | Matthew Fraiberg |
| Law Firm | Fraiberg & Pernie |
| Licensed Since | 1997 |
| Experience | 28+ Years |
| Former Experience | City Prosecutor, Judicial Clerk, Assistant Legal Research Clerk |
Most misdemeanor criminal cases, traffic misdemeanors, DUI and OWI charges, and the early stages of felony prosecutions begin in the 48th District Court.
Most criminal cases move through investigation, arraignment, bond, evidence review, pretrial proceedings, negotiations or motions, and either trial or resolution.
Not necessarily. The answer depends on the charge, the evidence, prior history, applicable sentencing laws, and the facts unique to the case.
Some cases contain legal, constitutional, or evidentiary issues that may affect the prosecution. Whether dismissal, reduction, or another resolution is possible depends on the individual facts.
If you have been contacted by law enforcement, received notice of an investigation, or believe charges may be filed, obtaining legal guidance before formal charges are issued may be beneficial.
Travel depends on bond conditions and court orders. Some defendants may travel freely, while others may need court approval.
Failure to appear may result in additional legal consequences, including the issuance of a bench warrant.
Whether to provide statements is an important legal decision. Many individuals choose to consult an attorney before participating in questioning.
Many criminal defense websites focus primarily on statutes or penalties.
This guide takes a broader approach.
It explains how criminal cases commonly move through the Birmingham court system, what to expect after an arrest, how evidence is evaluated, how the 48th District Court approaches criminal matters, and the practical issues that often concern individuals and families after criminal charges are filed.
Whether the allegation involves impaired driving, assault, domestic violence, theft, fraud, drug offenses, probation violations, or another criminal matter, understanding the process can help you make informed decisions during a stressful time.
Although Michigan criminal law is statewide, criminal cases are ultimately administered by local courts.
The 48th District Court has developed a reputation for careful oversight of criminal cases and close attention to compliance with court orders.
Depending on the nature of the case, defendants may encounter:
Understanding both the law and the court’s procedures can be an important part of preparing a criminal defense.
The 48th District Court regularly handles a wide variety of criminal matters, including:
Matthew Fraiberg is a Michigan criminal defense attorney and managing partner of Fraiberg & Pernie.
Licensed in Michigan since 1997, he has represented individuals charged with criminal offenses throughout Oakland, Wayne, and Macomb Counties for more than 28 years.
Before entering private practice, he served as:
That experience provides perspective on how criminal investigations are reviewed, how evidence is analyzed, and how cases progress through Michigan courts.
Today, his practice is devoted exclusively to criminal defense, with an emphasis on careful preparation, evidence-based analysis, constitutional protections, and individualized legal strategy.
If you are arrested, charged with a crime, served with a warrant, or learn that you are under criminal investigation in Birmingham, Michigan, your case will generally begin in the 48th District Court in Bloomfield Hills.
Although every criminal case is different, most follow a series of important stages that may include investigation, arrest, arraignment, bond, evidence review, pretrial conferences, negotiations, legal motions, trial, sentencing, and—if applicable—probation.
Understanding each step can help you make informed decisions and avoid mistakes that may affect the outcome of your case.
Most criminal cases move through the following stages:
Investigation
↓
Arrest or Criminal Complaint
↓
Booking (when applicable)
↓
Arraignment
↓
Bond Decision
↓
Evidence (Discovery)
↓
Pretrial Conferences
↓
Legal Motions
↓
Negotiation or Trial
↓
Sentencing (if convicted or a plea is entered)
↓
Probation or Other Court-Ordered Requirements (when applicable)
Not every case follows this exact sequence, and some stages may occur differently depending on the nature of the charge and the court.
Many criminal cases begin long before an arrest.
An investigation may start after:
A traffic stop
A 911 call
A police report
A complaint from a private citizen
A domestic dispute
A business loss prevention investigation
A workplace incident
A digital evidence review
Information from another law enforcement agency
During an investigation, officers may collect:
Police reports
Witness statements
Body-camera footage
Dash-camera video
Surveillance recordings
Photographs
Physical evidence
Cell phone records
Text messages
Social media content
Medical records when authorized
Search warrant evidence
Not every investigation results in criminal charges.
A criminal case may begin in several different ways.
Some individuals are arrested immediately.
Others receive a citation directing them to court.
Some first learn about a case after a warrant has been authorized.
Depending on the circumstances, law enforcement may:
Make an on-scene arrest
Request that a prosecutor review the investigation
Seek an arrest warrant
Issue a criminal citation
Continue investigating before making charging decisions
The method by which charges begin does not determine whether the prosecution can ultimately prove the case.
If an arrest occurs, booking may include:
Identification
Fingerprinting
Photographs
Collection of personal information
Property inventory
Jail processing
The booking process is administrative and generally occurs before the first court appearance.
The arraignment is often the first formal court proceeding in a criminal case.
During an arraignment, the court generally:
Advises the defendant of the charge
Explains constitutional rights
Addresses bond
Reviews conditions of release
Schedules future court dates
The arraignment is not a trial and does not determine guilt or innocence.
One of the most important early decisions involves bond.
Bond determines whether a defendant may remain out of custody while the case is pending and under what conditions.
Depending on the facts of the case, bond conditions may include:
No new criminal offenses
Alcohol abstinence
Drug abstinence
Random testing
Travel restrictions
No-contact orders
Firearm restrictions
Reporting requirements
GPS monitoring in some cases
Because the 48th District Court is known for closely monitoring compliance in many criminal matters, understanding every bond condition is essential.
Violating bond may result in additional court hearings or changes to release conditions.
Discovery is the legal process through which the prosecution provides evidence that may be used in the case.
Depending on the charges, discovery may include:
Police reports
Witness statements
Body-camera footage
Dash-camera recordings
Laboratory reports
Photographs
Surveillance video
Search warrants
Digital evidence
Expert reports
Medical documentation when applicable
Discovery allows both sides to evaluate the strengths and weaknesses of the available evidence.
After discovery begins, the court typically schedules one or more pretrial conferences.
These hearings may involve:
Reviewing discovery progress
Discussing legal issues
Scheduling future hearings
Exploring possible resolutions
Addressing procedural matters
Many criminal cases resolve during the pretrial stage, although some continue toward trial.
Some cases involve legal motions asking the court to decide important legal questions before trial.
Depending on the facts, motions may address issues involving:
Search and seizure
Statements made by the defendant
Search warrants
Identification procedures
Admissibility of evidence
Discovery disputes
Constitutional rights
Expert testimony
The availability and success of any motion depend on the specific facts and applicable law.
Not every criminal case goes to trial.
Some are resolved through negotiated agreements.
Others proceed to a judge or jury trial.
If a case proceeds to trial, the prosecution bears the burden of proving every element of the offense beyond a reasonable doubt.
That burden remains with the prosecution throughout the case.
If a defendant is convicted or enters a plea resulting in a conviction, the court determines the appropriate sentence under Michigan law.
Depending on the offense and applicable statutes, sentencing may involve:
Probation
Jail
Prison (for certain felony convictions)
Fines
Court costs
Community service
Counseling
Treatment
Restitution
Educational programs
Other court-ordered conditions
Sentencing depends on the specific offense, applicable law, criminal history, and the individual facts of the case.
Many misdemeanor and some felony cases involve probation.
Probation allows a defendant to remain in the community while complying with court-ordered conditions.
Requirements may include:
Reporting to a probation officer
Alcohol or drug testing
Counseling
Educational programs
Community service
Payment of fines and costs
Compliance with all court orders
Every probation order is different.
Understanding the conditions imposed by the court is critical because alleged violations may lead to additional hearings and possible sanctions.
Many people receive a phone call from law enforcement or learn that a warrant has been issued without ever being taken into custody.
Others discover criminal charges after:
Receiving a court notice
Being contacted by an investigator
Learning about a warrant
Being asked to voluntarily appear for questioning
An arrest is not required before a criminal case begins.
The 48th District Court handles the early stages of many felony prosecutions.
These proceedings may include:
Arraignment
Probable cause conference (when applicable)
Preliminary examination
Bond hearings
If sufficient evidence exists under Michigan law, the case may proceed to the Oakland County Circuit Court for further proceedings.
The decisions made immediately after criminal charges are filed can affect the course of a case.
Common mistakes include:
Missing court dates
Violating bond conditions
Contacting protected individuals despite a no-contact order
Ignoring testing requirements
Posting about the case on social media
Destroying or altering potential evidence
Failing to read court paperwork carefully
Assuming an arrest automatically means a conviction
Carefully following court orders and preserving relevant information may help avoid unnecessary complications.
The timeline varies depending on the charge, the complexity of the evidence, scheduling, legal motions, and whether the matter resolves through negotiation or trial.
No. Many cases are resolved before trial, while others proceed to a judge or jury for a final decision.
In some circumstances, charges or case strategy may evolve as additional evidence becomes available and legal issues are addressed.
Not necessarily. Bond decisions are made based on the facts of the case, the applicable law, and other relevant considerations.
Missing a required court appearance may result in additional legal consequences, including the possible issuance of a bench warrant.
Travel depends on the bond conditions and any orders entered by the court. Some individuals may travel without restriction, while others may need court approval.
“Many people believe the most important day in a criminal case is the trial. In reality, some of the most significant decisions are made much earlier. Bond conditions, evidence preservation, constitutional issues, and early case preparation often shape the direction of the entire case.”
“Understanding the process reduces uncertainty. Understanding the evidence helps build strategy. Both are important from the very beginning.”
Most criminal cases in Birmingham follow a structured legal process beginning in the 48th District Court.
While every case is unique, understanding each stage—from investigation through probation—can help individuals navigate the criminal justice system more confidently.
Early compliance with court orders, careful review of the evidence, and informed legal decision-making can significantly influence how a case progresses.
Understanding Criminal Evidence in Michigan Cases – How Evidence Is Evaluated in the 48th District Court
Criminal cases are built on evidence—not assumptions.
Whether the allegation involves DUI, assault, domestic violence, drug crimes, theft, fraud, or another criminal offense, the prosecution must present legally admissible evidence to prove every required element of the charge beyond a reasonable doubt.
Evidence may include witness testimony, police reports, body-camera footage, surveillance video, forensic testing, digital communications, laboratory analysis, and physical evidence. Every case is different, and the type of evidence depends on the allegations and the facts under investigation.
One document or one witness rarely tells the complete story. Criminal cases are typically evaluated by reviewing the totality of the evidence rather than relying on a single piece of information.
| Evidence Type | Common Purpose |
|---|---|
| Police Reports | Officer observations and investigative summary |
| Body Camera Video | Documents interactions, statements, and events |
| Dash Camera Footage | Captures traffic stops and roadway events |
| Witness Statements | Describes what witnesses claim to have observed |
| Surveillance Video | Records events from businesses, homes, or public locations |
| Physical Evidence | Objects collected during the investigation |
| Cell Phone Evidence | Calls, texts, photographs, location data, and app activity |
| Social Media | Public posts, messages, photographs, and videos |
| Laboratory Reports | Scientific analysis of evidence |
| DNA Evidence | Biological identification in applicable cases |
| Fingerprint Evidence | Identification and comparison evidence |
| Search Warrants | Legal authorization for searches and evidence collection |
| Digital Forensics | Computer and electronic device analysis |
| Medical Records | Documentation relevant to injuries or treatment, when legally available |
| Expert Testimony | Scientific or technical opinions presented in court |
An investigation may begin with:
A traffic stop
A 911 call
A citizen complaint
A domestic dispute
A business investigation
A workplace incident
An anonymous tip
A financial investigation
A digital crime report
Law enforcement officers may then collect evidence from multiple sources before deciding whether criminal charges are appropriate.
Not every investigation results in prosecution, and not every piece of evidence ultimately becomes admissible in court.
Police reports often provide the first written account of an investigation.
They may include:
Officer observations
Statements attributed to witnesses
Statements attributed to the accused
Physical evidence collected
Timeline of events
Arrest information
Photographs
Diagrams
Investigative conclusions
Police reports are important, but they represent one part of the available evidence rather than the entire case.
Body-worn cameras may capture important portions of an investigation, including:
Initial contact
Conversations
Officer instructions
Responses from individuals involved
Physical movements
Field investigations
Arrest procedures
Video evidence sometimes provides additional context that may not appear in written reports.
In traffic-related investigations, dash cameras may document:
Driving behavior
Vehicle positioning
Officer observations
Traffic conditions
Lighting
Roadway conditions
Timing of events
This evidence is frequently important in OWI, reckless driving, and other traffic-related criminal cases.
Modern investigations increasingly rely on surveillance footage from:
Retail stores
Restaurants
Gas stations
Parking lots
Office buildings
Apartment complexes
Residential security systems
Public facilities
Video recordings may corroborate or contradict witness accounts depending on what they show.
Witness testimony often becomes one of the most important forms of evidence.
Witnesses may include:
Alleged victims
Independent bystanders
Passengers
Family members
Friends
Police officers
Medical personnel
Business employees
Different witnesses sometimes remember the same event differently.
Evaluating credibility, consistency, opportunity to observe, and possible bias can become important issues during a criminal case.
Physical evidence may include:
Clothing
Weapons
Narcotics
Packaging
Vehicles
Documents
Firearms
Electronic devices
Identification cards
Photographs
Personal property
The significance of physical evidence depends on the circumstances under which it was collected and how it relates to the alleged offense.
Many criminal investigations now involve electronic evidence.
Examples include:
Text messages
Emails
Phone records
Photographs
Videos
GPS information
Messaging applications
Social media activity
Internet searches
Cloud-stored files
Digital evidence can become relevant in cases involving harassment, fraud, domestic violence, theft, drug offenses, and many other allegations.
Cell phones may contain information such as:
Call logs
Text conversations
Photographs
Videos
Contact information
Calendar entries
App activity
Location information when legally obtained
Whether law enforcement may access certain information depends on constitutional protections, applicable law, and the circumstances of the investigation.
Posts on social media platforms may become evidence in some criminal investigations.
Examples include:
Public photographs
Videos
Comments
Direct messages
Event participation
Live streams
As with other forms of evidence, authenticity and relevance are important considerations.
Some investigations require a search warrant before evidence may be collected.
Search warrants may authorize the search of:
Homes
Vehicles
Businesses
Cell phones
Computers
Electronic storage devices
Whether a warrant was required—or properly executed—depends on the specific facts and applicable constitutional principles.
Scientific testing may play an important role in certain criminal cases.
Examples include:
DNA analysis
Fingerprint comparison
Toxicology
Firearm examination
Digital forensics
Controlled substance analysis
Trace evidence examination
The type of forensic evidence depends on the allegations and the nature of the investigation.
Laboratories may analyze evidence involving:
Alcohol
Controlled substances
DNA
Blood samples
Biological materials
Chemical substances
Fingerprints
Laboratory reports often become part of the prosecution’s evidence when scientific testing is relevant.
Medical records may become relevant when allegations involve:
Physical injuries
Assault
Domestic violence
Sexual offenses
Impaired driving
Mental health issues, where legally relevant
The admissibility and scope of medical evidence depend on legal requirements and the facts of the case.
Some criminal cases involve questions regarding constitutional protections.
Examples may include:
The legality of a traffic stop
The legality of an arrest
Search and seizure issues
Search warrants
Statements made during questioning
Identification procedures
Access to counsel
Due process concerns
Whether constitutional issues affect a particular case depends on the evidence and applicable law.
Evidence is often evaluated by considering questions such as:
Is it reliable?
Is it consistent?
Can it be independently verified?
Does it match other available evidence?
Was it lawfully obtained?
Was it properly preserved?
Is there missing evidence?
Are there conflicting witness accounts?
Is additional investigation necessary?
Every criminal case requires an individualized review of the available facts.
Evidence may include:
Police reports
Body-camera footage
Dash-camera recordings
Field sobriety testing
Breath test records
Blood test results
Witness observations
Evidence may include:
Witness testimony
Medical records
Photographs
Surveillance footage
Body-camera video
Statements by the parties involved
Evidence may include:
911 recordings
Body-camera footage
Medical documentation
Photographs
Witness statements
Text messages
Prior communications
Evidence may include:
Search warrants
Laboratory testing
Controlled substances
Packaging
Digital communications
Officer observations
Evidence may include:
Surveillance video
Financial records
Receipts
Digital communications
Business records
Witness testimony
No. Some investigations include body-camera, dash-camera, or surveillance recordings, while others rely primarily on witness testimony and physical evidence.
Police reports are important investigative documents, but like any evidence, they should be evaluated together with all other available information.
Yes. Different individuals may remember or describe the same event differently.
No. Some criminal cases involve extensive forensic testing, while others depend primarily on witness testimony or documentary evidence.
Yes. Text messages, emails, photographs, videos, and other electronic communications may become relevant depending on the allegations.
No. Whether a warrant is required depends on the facts, the evidence sought, and the applicable constitutional standards.
“Evidence should never be viewed in isolation. A police report, a video recording, a witness statement, and a laboratory report each provide part of the picture. Careful analysis requires looking at how those pieces fit together.”
“The objective is not simply to collect information—it is to understand how the evidence was obtained, whether legal procedures were followed, and whether the evidence reliably supports the allegations.”
Criminal cases are decided based on evidence presented in court—not on the fact that an arrest occurred.
Understanding the different types of evidence, how investigations are conducted, and how information is gathered and evaluated can help individuals better understand the criminal justice process.
Every investigation is unique. The relevance, reliability, and admissibility of evidence depend on the facts of the case, applicable law, and the procedures followed during the investigation.
The 48th District Court in Bloomfield Hills hears a wide variety of misdemeanor criminal cases and conducts the early stages of many felony prosecutions arising from Birmingham and surrounding communities.
While every criminal charge has unique legal elements, most cases require the prosecution to prove specific facts beyond a reasonable doubt. The evidence, the applicable law, and the circumstances surrounding the investigation all influence how a case proceeds.
Below is an overview of many of the criminal charges commonly encountered in Birmingham and throughout Oakland County.
| Charge Category | Common Issues |
|---|---|
| DUI & OWI | Traffic stop, chemical testing, field sobriety testing, constitutional issues |
| Assault | Intent, self-defense, witness credibility, injuries |
| Domestic Violence | Statements, 911 recordings, body-camera footage, no-contact orders |
| Drug Crimes | Possession, search warrants, laboratory testing, search and seizure |
| Theft & Retail Fraud | Intent, surveillance video, receipts, witness testimony |
| Fraud & Financial Crimes | Records, electronic evidence, financial transactions |
| Weapons Offenses | Firearm laws, possession, licensing, search issues |
| Probation Violations | Compliance, testing, reporting requirements |
| Bench Warrants | Failure to appear, bond violations, court compliance |
| Criminal Traffic Offenses | Driving conduct, officer observations, accident evidence |
Every case presents its own legal and factual issues. The summaries below are intended as educational overviews rather than legal advice.
Michigan law prohibits operating a vehicle while intoxicated or impaired by alcohol, controlled substances, certain medications, or combinations of intoxicating substances.
Cases may involve allegations such as:
First-Offense OWI
Operating While Visibly Impaired (OWVI)
High BAC (“Super Drunk”)
Repeat OWI
Drug-Impaired Driving
Commercial Driver (CDL) OWI
Evidence often includes:
Police observations
Body-camera footage
Dash-camera video
Field sobriety testing
Datamaster DMT breath testing
Blood analysis
Witness testimony
These cases frequently involve both criminal proceedings and separate driver’s license consequences under Michigan law.
(Link to your Michigan DUI Knowledge Center and 48th District Court OWI page.)
Assault-related allegations range from simple assault and battery to more serious felony offenses.
Examples include:
Assault and Battery
Aggravated Assault
Felonious Assault
Assault with Intent offenses
Important issues may include:
Self-defense
Identity
Intent
Witness credibility
Medical evidence
Surveillance video
Physical injuries
Many assault cases depend heavily on differing accounts of the same event.
(Link to your Assault Defense page.)
Domestic violence allegations may arise from disputes involving:
Spouses
Former spouses
Dating partners
Individuals living together
Family members
Parents of a shared child
These cases often involve immediate court orders affecting daily life.
Potential issues include:
No-contact conditions
Bond restrictions
Body-camera recordings
911 calls
Medical records
Witness statements
Text messages
Prior communications
Even when an alleged victim later changes position, the prosecution may continue the case depending on the available evidence.
(Link to your Domestic Violence page.)
Drug-related offenses can involve allegations concerning:
Possession
Possession with Intent to Deliver
Delivery
Manufacturing
Prescription medications
Marijuana
Controlled substances
Evidence may include:
Search warrants
Laboratory testing
Packaging
Cell phone evidence
Digital communications
Officer testimony
Vehicle searches
Many cases involve constitutional questions regarding searches and seizures.
(Link to your Drug Crime page.)
Property offenses may include:
Retail Fraud
Larceny
Embezzlement
Receiving and Concealing Stolen Property
Identity Theft
Credit Card Offenses
Investigations often rely on:
Store surveillance
Receipts
Inventory records
Financial documentation
Witness testimony
Digital evidence
Intent is frequently one of the most significant issues in these cases.
Financial crime investigations may involve:
Embezzlement
False Pretenses
Identity Theft
Forgery
Credit Card Fraud
Computer Crimes
Evidence often includes:
Business records
Banking records
Electronic communications
Accounting documents
Digital forensic evidence
These investigations may continue for months before criminal charges are filed.
Michigan weapons cases may involve allegations concerning:
Firearm possession
Concealed weapons
Felony firearm
Possession by prohibited persons
Other weapons-related offenses
Potential issues include:
Licensing
Possession
Search procedures
Constitutional protections
Forensic evidence
A probation violation is not a new criminal charge, but it can lead to additional court proceedings.
Alleged violations may involve:
Missing appointments
Positive alcohol or drug tests
Failure to complete counseling
Failure to pay fines or costs
New criminal allegations
Travel without permission
Failure to comply with court orders
The court determines whether a violation occurred and, if so, what consequences are appropriate under the circumstances.
(Link to your Probation Violation page.)
Bench warrants are often issued when a person:
Misses a required court appearance
Violates bond conditions
Fails to comply with probation
Fails to obey a court order
Resolving a warrant promptly may help reduce additional complications, although every situation is different.
Not every traffic-related matter is a civil infraction.
Criminal traffic cases may include allegations such as:
Driving While License Suspended (DWLS)
Driving While License Revoked (DWLR)
Reckless Driving
Fleeing and Eluding
Leaving the Scene of an Accident
Operating Without Proper Licensing in certain circumstances
Evidence often includes:
Police reports
Dash-camera recordings
Body-camera footage
Accident reconstruction
Witness testimony
Vehicle inspections
Although many criminal matters remain in the 48th District Court, felony cases generally begin there before moving to the Oakland County Circuit Court, if appropriate.
The district court may handle:
Arraignment
Bond hearings
Probable cause conferences
Preliminary examinations
If the prosecution establishes probable cause as required by law, the matter may continue in circuit court.
A criminal charge may affect more than the courtroom.
Depending on the offense and the individual’s circumstances, collateral consequences may include:
Employment concerns
Professional licensing
Commercial driver’s licenses
Educational opportunities
Housing applications
Insurance issues
Firearm rights where applicable
Travel limitations
Financial consequences
The scope of these issues varies based on the charge, applicable law, and the outcome of the case.
No. Each offense has different legal elements, potential penalties, evidentiary requirements, and procedural rules.
Some investigations may result in felony charges depending on the facts and applicable Michigan law.
No. Some cases rely heavily on witness testimony or documentary evidence, while others involve substantial forensic or physical evidence.
Yes. Depending on the circumstances, prosecutors may file multiple charges based on the same set of events.
No. Criminal charges are allegations. The prosecution bears the burden of proving every required element beyond a reasonable doubt.
Yes. The evidence relevant in a DUI case may differ significantly from the evidence involved in an assault, theft, or fraud investigation.
“Every criminal charge has its own legal requirements, but one principle remains constant: the prosecution must prove the case with admissible evidence. Understanding the law is important. Understanding how the facts fit within that law is equally important.”
“No two criminal cases are identical. The charge, the investigation, the evidence, and the client’s individual circumstances all influence the strategy developed for the case.”
The 48th District Court handles a broad range of criminal matters arising in Birmingham and surrounding communities.
Although the legal issues vary by offense, successful case evaluation often begins with understanding:
The specific charge
The applicable law
The available evidence
Constitutional protections
Court procedures
The individual’s goals and circumstances
Each type of criminal allegation presents unique legal questions that should be evaluated independently rather than by assumption.
A criminal charge can have consequences that extend well beyond the courtroom.
Depending on the nature of the allegation, a pending case or conviction may affect employment opportunities, professional licenses, commercial driving privileges, educational goals, housing applications, background checks, firearm rights, travel, financial obligations, and family responsibilities.
Not every criminal charge results in the same consequences, and not every arrest leads to a conviction. The impact depends on the specific offense, the stage of the case, the final outcome, and the individual’s circumstances.
Understanding these potential effects can help you make informed decisions while your case is pending.
Many people focus only on whether they will go to jail.
In reality, individuals charged with crimes often ask questions such as:
Will I lose my job?
Will this appear on a background check?
Can I continue working?
Can I leave Michigan?
Will I lose my professional license?
Can I possess firearms?
Can I travel internationally?
Will this affect college?
Can I rent an apartment?
Will this remain on my record forever?
These practical concerns are often just as important as the criminal charge itself.
Employment consequences vary depending on:
The nature of the charge
Employer policies
Job responsibilities
Professional licensing requirements
Security clearance requirements
Whether a conviction ultimately occurs
Some employers require employees to report arrests or criminal charges, while others focus only on convictions.
Individuals working in positions involving children, healthcare, education, transportation, law enforcement, financial services, or government employment may face additional reporting or regulatory obligations.
Many licensed professionals worry about how criminal allegations may affect their careers.
Depending on the profession, licensing agencies may review criminal matters involving:
Attorneys
Physicians
Nurses
Pharmacists
Teachers
Real estate professionals
Financial advisors
Contractors
Commercial drivers
Other licensed occupations
Each licensing authority has its own rules, procedures, and reporting requirements.
Individuals who hold a Commercial Driver’s License may face additional consequences depending on the alleged offense.
Certain criminal traffic offenses and alcohol-related driving offenses may have consequences beyond those applicable to non-commercial drivers.
Commercial drivers often have unique regulatory considerations under both state and federal law.
Background checks vary significantly.
Depending on the type of search performed, reports may include:
Arrest records
Pending criminal charges
Convictions
Court records
Warrants
Driver history in applicable situations
The information available depends on the reporting service, applicable law, and the status of the case.
Some landlords conduct criminal background checks before approving rental applications.
Policies vary widely.
Factors sometimes considered include:
Type of offense
Whether charges remain pending
Conviction history
Length of time since the incident
Property management policies
Not every criminal charge automatically prevents someone from renting housing.
Students and prospective students often ask whether criminal charges will affect:
College admissions
Scholarships
Campus housing
Student organizations
Professional education programs
The answer depends on the institution, the program, and the circumstances surrounding the case.
Applicants to graduate and professional programs—including law, medicine, nursing, pharmacy, dentistry, and other licensed professions—may have additional disclosure obligations regarding criminal history.
These requirements vary by institution and licensing authority.
Certain criminal offenses may affect an individual’s ability to possess or purchase firearms under state or federal law.
Whether firearm restrictions apply depends on multiple legal factors, including:
The specific offense
Whether a conviction occurred
Applicable Michigan law
Applicable federal law
Existing court orders
These issues can be complex and often require careful legal analysis.
Can you travel while your criminal case is pending?
The answer often depends on:
Bond conditions
Probation conditions
Court orders
The specific facts of the case
Some individuals may travel without restriction, while others may need advance court approval.
Always understand the conditions imposed by the court before making travel plans.
International travel may involve additional considerations.
Depending on the destination country, officials may consider:
Criminal convictions
Pending charges
Immigration laws
Passport issues
Visa requirements
Each country establishes its own entry requirements.
Certain criminal offenses may carry significant immigration consequences for non-citizens.
These issues may involve:
Visa status
Permanent residency
Naturalization
Removal proceedings
International travel
Immigration consequences are highly fact-specific and may require advice from an attorney experienced in immigration law.
A criminal case may involve financial obligations such as:
Court costs
Fines
Restitution
Counseling expenses
Educational programs
Testing fees
Tether or monitoring costs
Attorney’s fees
The financial impact varies based on the charges, the outcome of the case, and the orders entered by the court.
Certain criminal allegations—particularly those involving motor vehicles—may affect:
Automobile insurance
Commercial insurance
Professional liability insurance
Employment-related coverage
Insurance consequences depend on the policy, the carrier, and the nature of the offense.
Many people underestimate how social media activity may affect a criminal case.
While charges are pending, individuals should think carefully before:
Posting about the case
Discussing witnesses
Contacting alleged victims through social media
Sharing photographs related to the investigation
Deleting potentially relevant evidence
Information posted online may become relevant in some criminal investigations.
The period between arrest and final resolution is often when avoidable mistakes occur.
Examples include:
Missing court dates
Violating bond conditions
Ignoring alcohol or drug testing
Contacting protected individuals
Discussing the facts of the case publicly
Posting on social media about the allegations
Failing to keep important documents
Assuming the case will “work itself out”
Waiting until the last minute to seek legal advice
Carefully following court orders and preserving relevant information can help avoid additional complications.
Michigan law provides certain opportunities for expungement or other forms of record relief in qualifying cases.
Eligibility depends on factors including:
The offense involved
The final disposition
Waiting periods established by law
Prior criminal history
Statutory requirements
Not every offense qualifies, and eligibility must be evaluated individually.
(Link to your Michigan Expungement Guide.)
Not necessarily. The effect of a criminal charge depends on many factors, including the type of employment, licensing requirements, and the outcome of the case.
Some background checks may include pending cases, while others may report only convictions.
Many individuals continue working throughout a criminal case, although specific employment policies vary.
Whether relocation is possible depends on court orders, bond conditions, probation requirements, and the stage of the case.
Court records are generally public unless sealed or protected by law, but the extent to which information is accessible depends on the circumstances and applicable law.
Not necessarily. Some cases may qualify for expungement or other record relief under Michigan law, while others may not.
“A criminal case affects more than a courtroom appearance. For many clients, the biggest concerns involve their career, family, reputation, and future opportunities. Understanding those practical issues is an important part of preparing for the legal process.”
“Every decision made while a case is pending—from following bond conditions to protecting your professional reputation—can have lasting consequences. Looking beyond the immediate court date often helps clients make better long-term decisions.”
The consequences of a criminal charge often extend far beyond the legal proceedings themselves.
Employment, licensing, housing, education, travel, financial obligations, and personal reputation may all be affected depending on the nature of the allegations and the outcome of the case.
Understanding these broader issues allows individuals to better prepare for both the legal process and the practical challenges that may arise while a criminal case is pending.
Every criminal case is unique, but many people have similar questions after an arrest, receiving a warrant, or learning they are under investigation.
The following frequently asked questions provide general information about criminal cases in Birmingham, Michigan, the 48th District Court, and the Michigan criminal justice process.
Most misdemeanor criminal cases and the early stages of felony prosecutions arising in Birmingham are handled in the 48th District Court in Bloomfield Hills.
The district court conducts the early stages of many felony cases, including arraignments, bond hearings, probable cause conferences, and preliminary examinations. If appropriate under Michigan law, felony cases may later proceed to the Oakland County Circuit Court.
Many are, but jurisdiction depends on where the alleged offense occurred and the type of charge involved.
The court is located in Bloomfield Hills and serves Birmingham, Bloomfield Hills, Bloomfield Township, West Bloomfield, Orchard Lake, Keego Harbor, Sylvan Lake, and surrounding communities within its jurisdiction.
Bring identification, any paperwork you have received, and arrive early enough to complete security screening and locate the correct courtroom.
Late arrival may result in delays or, depending on the circumstances, additional court action. Arriving early is generally recommended.
Yes. Some criminal cases begin with a warrant, criminal complaint, or prosecutor authorization rather than an on-scene arrest.
Whether to provide a statement is an important legal decision. Many people choose to speak with an attorney before participating in questioning.
Receiving a voicemail does not necessarily mean charges have been filed, but it often indicates that investigators wish to speak with you or obtain additional information.
Yes. Some investigations continue for extended periods before charging decisions are made.
Not always. Some people learn they are under investigation immediately, while others first become aware after charges are filed.
An arrest occurs when a person is taken into custody. A warrant is a court-authorized order that may permit law enforcement to make an arrest.
A bench warrant is generally issued by a judge when someone fails to appear in court or does not comply with a court order.
Depending on the circumstances, some warrant matters may be addressed through court procedures without an unexpected arrest. The available options depend on the facts of the case.
Some warrant information is publicly available, while other information may not be immediately accessible depending on the court and law enforcement agency.
Bond is the court’s decision regarding whether someone may remain out of custody while a criminal case is pending and under what conditions.
Yes. Courts may modify bond conditions in appropriate circumstances.
An alleged violation may result in additional hearings and possible changes to bond or other court orders.
Travel depends on the specific bond conditions imposed by the court.
That depends on the bond conditions. Some cases prohibit alcohol consumption and require testing.
The answer depends entirely on the nature of the allegations. Criminal cases may involve witness testimony, video evidence, physical evidence, laboratory testing, digital evidence, and many other forms of proof.
Not every investigation includes body-camera footage, but when available it may provide valuable context.
Police reports are important investigative documents but should be evaluated together with all available evidence.
Yes. Electronic communications may become relevant in many criminal investigations.
Depending on the circumstances and the technology involved, some digital information may still be recoverable.
No. Some cases resolve through negotiated agreements, while others proceed to trial.
Whether charges may be reduced depends on the evidence, applicable law, negotiations, and the facts of the individual case.
A quick resolution is not necessarily the most appropriate resolution. Each case should be evaluated individually.
No. Many criminal cases are resolved before trial.
Depending on the case, guilt or innocence may be determined by a judge or a jury.
The prosecution must prove every required element of the offense beyond a reasonable doubt.
Whether to testify is a significant legal decision that depends on the facts and strategy of each case.
No. Sentencing depends on the offense, applicable law, criminal history, and the individual circumstances of the case.
Factors may include the nature of the offense, prior criminal history, statutory requirements, victim impact, and other legally relevant considerations.
Depending on the offense and applicable law, probation may be one possible sentencing option.
Probation allows an individual to remain in the community while complying with court-ordered conditions.
The court may schedule a probation violation hearing to determine whether a violation occurred and what consequences, if any, are appropriate.
In some circumstances, early termination may be available, depending on the court and the facts of the case.
An arrest and a conviction are different legal events. The availability of records depends on the type of record being searched and applicable law.
Michigan law provides certain opportunities for expungement or other record relief in qualifying cases.
The answer depends on the type of record, the final disposition, and applicable law.
Many individuals seek legal advice as early as possible after learning they are under investigation, arrested, or charged.
Helpful materials may include:
Police paperwork
Court notices
Bond paperwork
Tickets or citations
Search warrants
Photographs
Videos
Contact information for witnesses
Any correspondence relating to the investigation
Whether an attorney may appear on your behalf depends on the type of proceeding and the court’s requirements.
Early legal representation may help preserve evidence, identify legal issues, explain court procedures, and assist in developing an informed defense strategy.
Some cases present factual, evidentiary, or legal issues that may affect the prosecution. Whether dismissal is possible depends on the specific facts and applicable law.
False accusations can arise in a variety of situations. Like any criminal allegation, the facts, available evidence, and applicable law determine how the case is evaluated.
The appropriate legal approach depends on the charge, potential consequences, and the individual’s goals and circumstances.
Common mistakes include missing court dates, violating bond conditions, discussing the case publicly, contacting protected individuals, and failing to understand court orders.
Read all court paperwork carefully, comply with court orders, preserve potentially relevant information, avoid discussing the case publicly, and understand upcoming court dates and obligations.
“One of the biggest misconceptions is that criminal cases are decided by a single piece of evidence or one court hearing. In reality, each stage of the process—from the investigation through sentencing—can affect the overall outcome.”
“People often arrive with questions that have nothing to do with the courtroom itself. They want to know how the case may affect their job, family, reputation, or future. Those are important questions, and understanding the process helps reduce uncertainty.”
The Birmingham criminal justice process raises many questions, especially for individuals facing the legal system for the first time.
Understanding how investigations, warrants, bond, evidence, plea negotiations, trials, sentencing, probation, and criminal records work provides a stronger foundation for making informed decisions throughout a criminal case.
Whether the allegation involves a misdemeanor or a felony, learning how the process works is often the first step toward navigating it effectively.
Criminal cases often involve unfamiliar legal terminology. Understanding the language used by police officers, prosecutors, judges, probation officers, and defense attorneys can make the criminal justice process easier to follow.
This glossary explains many of the legal terms commonly encountered in Michigan criminal cases, particularly those heard in the 48th District Court and other courts throughout Oakland County.
The first formal court appearance in most criminal cases, where the court advises the defendant of the charges, constitutional rights, and bond conditions.
Money or other security that may be required to ensure a defendant returns to court. Michigan courts generally refer to this process as bond.
A trial decided by a judge rather than a jury.
A warrant issued by a judge when a person fails to appear in court or does not comply with a court order.
The conditions under which a defendant may remain out of custody while a criminal case is pending.
A recording device worn by law enforcement officers that may document interactions during an investigation or arrest.
The prosecution’s obligation to prove every element of a criminal offense beyond a reasonable doubt.
The documented handling and transfer of evidence from the time it is collected until it is presented in court.
A written notice directing an individual to appear in court rather than being taken into custody.
A formal document alleging that a criminal offense has been committed.
Legal protections guaranteed by the United States Constitution and the Michigan Constitution, including protections relating to searches, questioning, due process, and the right to counsel.
The process through which evidence is exchanged or disclosed during a criminal case.
A criminal offense punishable by more than one year in prison under Michigan law.
A criminal offense generally punishable by up to one year in jail, although specific penalties vary by statute.
A hearing in many felony cases where the district court determines whether sufficient evidence exists to continue the prosecution in circuit court.
A court hearing used to discuss scheduling, discovery, legal issues, and possible case resolution.
The legal standard used in many situations to justify arrests, search warrants, or the continuation of felony proceedings.
Court supervision that allows an individual to remain in the community while complying with specific conditions.
The attorney representing the government in a criminal case.
The legal standard the prosecution must satisfy before a defendant may be convicted of a criminal offense.
A court-authorized order permitting law enforcement to search specific locations or seize designated evidence.
The stage of a criminal case during which the court determines the legal consequences following a conviction or guilty plea.
A court order requiring a person to appear as a witness or produce evidence.
A formal court proceeding during which evidence is presented to determine whether the prosecution has proven the charges.
The final decision reached by a judge or jury regarding guilt or innocence.
A statement presented to the court describing how a crime affected the victim before sentencing.
No. An arrest is an allegation that begins the criminal process. A conviction occurs only after a guilty plea or a finding of guilt in court.
The concepts are similar, but Michigan courts commonly use the term bond.
No. Criminal charges are accusations. The prosecution must prove the case beyond a reasonable doubt.
No. Courts may issue different types of warrants for different legal purposes.
No. Many felony cases begin in district court before proceeding to circuit court after the required preliminary proceedings.
The choices made after a criminal charge can significantly affect the progress of a case.
Common mistakes include:
Missing court dates
Violating bond conditions
Ignoring court paperwork
Posting about the case on social media
Contacting protected individuals in violation of court orders
Destroying or altering potential evidence
Failing to preserve important documents
Assuming charges will be dismissed automatically
Waiting until the last minute to prepare for court
Understanding and following court orders can help avoid additional legal complications.
Individuals researching Birmingham criminal cases may also find these resources helpful:
Michigan Criminal Defense Knowledge Center
Michigan DUI & OWI Knowledge Center
48th District Court DUI Guide
Oakland County Criminal Defense Guide
Michigan Expungement Guide
Bench Warrant Resource Center
Probation Violation Guide
Driver’s License Restoration Guide
Domestic Violence Resource Center
Drug Crime Defense Guide
Assault Defense Guide
Retail Fraud & Theft Guide
For more than 28 years, Matthew Fraiberg has focused his practice on criminal defense throughout Southeast Michigan.
Clients often seek his representation because of his:
More than 28 years of criminal defense experience
Background as a former City Prosecutor
Experience as a former Judicial Clerk
Experience as a former Assistant Legal Research Clerk
Focus on criminal defense and OWI litigation
Familiarity with courts throughout Oakland, Wayne, and Macomb Counties
Individualized case preparation
Evidence-based defense strategies
Direct communication with clients throughout the legal process
Every case is different, and legal strategy should be tailored to the specific facts, evidence, and goals involved.
“A criminal case is more than a single court appearance. Every decision—from the initial investigation to the final resolution—can influence the outcome. Taking the time to understand the process, the evidence, and your legal obligations often leads to better decisions throughout the case.”
“The criminal justice system can feel overwhelming, especially for someone facing it for the first time. Knowledge helps reduce uncertainty, and informed decisions are often made one step at a time.”
If you are facing a criminal investigation or have been charged with a crime in Birmingham, Michigan:
Learn which court will handle your case.
Understand each stage of the criminal justice process.
Follow every bond condition and court order carefully.
Preserve documents, communications, and other potentially relevant information.
Avoid discussing your case publicly or on social media.
Understand that criminal charges are allegations, not convictions.
Recognize that employment, licensing, education, housing, and travel may be affected depending on the circumstances.
Ask questions early so you understand both the legal process and your responsibilities while the case is pending.
Understanding the process does not change the facts of a case, but it can help individuals navigate the legal system with greater confidence and make informed decisions at every stage.
Fraiberg & Pernie is a Michigan criminal defense law firm representing individuals charged with misdemeanor and felony offenses throughout Oakland, Wayne, and Macomb Counties. The firm handles matters involving DUI and OWI, assault, domestic violence, drug offenses, theft, retail fraud, probation violations, bench warrants, driver’s license issues, and many other criminal matters.
Matthew Fraiberg has been licensed to practice law in Michigan since 1997 and has dedicated his career to defending individuals accused of criminal offenses. Together with Eric L. Pernie, a former police officer, the firm combines courtroom experience, investigative insight, and individualized representation to guide clients through every stage of the criminal justice process.
The Birmingham Criminal Defense Guide is a comprehensive educational resource explaining how criminal cases typically proceed through the 48th District Court and, when applicable, the Oakland County Circuit Court. It covers investigations, arrests, warrants, arraignments, bond, evidence, plea negotiations, trials, sentencing, probation, common criminal charges, employment and licensing concerns, frequently asked questions, and key legal definitions. While every case depends on its own facts and the applicable law, understanding the process can help individuals make informed decisions and better navigate Michigan’s criminal justice system.
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
Written by Matthew Fraiberg
Michigan Criminal Defense Attorney
28+ years experience
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