FRAIBERG & PERNIE

Birmingham 48th District Court Criminal Defense

Birmingham Criminal Defense Lawyer — 48th District Court

Local Defense for Criminal Charges in Birmingham, Michigan

If you were arrested, charged with a crime, served with a warrant or contacted by police in Birmingham, Michigan, your case may begin in the 48th District Court in Bloomfield Hills.

An arrest can place your freedom, record, employment, professional license, driver’s license and reputation at risk. It is important to understand what happens next, which evidence exists and what the prosecution must prove.

An arrest or criminal charge is an allegation—not a conviction.

Matthew Fraiberg has practiced law in Michigan since 1997. His background includes service as a city prosecutor, judicial clerk and assistant legal research clerk working with Oakland County Circuit Court judges. He also serves in the Managed Assigned Counsel system connected with the 48th District Court.

Eric L. Pernie is a criminal-defense attorney and former Bloomfield Township police officer. His experience provides firsthand insight into traffic stops, arrests, police reports, body-camera evidence and investigative procedures.

Together, the attorneys at Fraiberg & Pernie evaluate what happened, how the evidence was obtained, whether it is admissible and what strategy fits the individual client and court.

Call (248) 986-2682 to request a confidential consultation.


Birmingham Criminal Defense at a Glance

CategoryInformation
CommunityBirmingham, Michigan
CountyOakland County
District court48th District Court
Felony court after bindoverOakland County Circuit Court
Common casesOWI, domestic violence, assault, drug charges, retail fraud, probation violations, warrants and criminal traffic offenses
AttorneysMatthew A. Fraiberg and Eric L. Pernie
Attorney backgroundFormer city prosecutor, former judicial clerk and former police officer
Firm officesBirmingham and Oak Park, Michigan
Phone(248) 986-2682

What Should You Do After an Arrest in Birmingham?

Short answer: Remain calm, do not discuss the incident with police, follow every bond condition, preserve possible evidence and contact a criminal-defense attorney promptly.

Take these practical steps:

  1. Do not resist or interfere with officers.

  2. Clearly exercise your right to remain silent.

  3. Do not try to explain the incident without legal advice.

  4. Follow all bond, testing, travel and no-contact conditions.

  5. Save tickets, court papers, messages, photographs, receipts and other possible evidence.

  6. Write down what happened while the events remain fresh.

  7. Do not discuss the case on social media.

  8. Do not delete potential evidence.

  9. Identify possible witnesses.

  10. Confirm the next court date and every applicable deadline.

Important decisions occur long before trial. Early preparation may help preserve video, locate witnesses, address bond conditions and identify legal or evidentiary issues.


Why Choose Fraiberg & Pernie for a Birmingham Criminal Case?

Matthew Fraiberg has practiced law in Michigan since 1997. His work includes misdemeanor and felony defense, OWI litigation, negotiations, evidentiary issues, constitutional challenges, probation matters and trial preparation.

Experience cannot guarantee an outcome. It can help an attorney recognize which facts, procedures and pieces of evidence require closer examination.

Former-Prosecutor and Judicial Experience

Matthew previously served as a city prosecutor, judicial clerk and assistant legal research clerk. That background provides perspective on charging decisions, police reports, witness credibility, negotiations, motion practice and how courts analyze legal issues.

Former Police-Officer Insight

Before becoming a lawyer, Eric Pernie served as a Bloomfield Township police officer. His background helps the firm evaluate traffic stops, searches, arrests, officer observations, reports, body-camera footage, witness interviews and evidence collection.

48th District Court and Oakland County Experience

Fraiberg & Pernie regularly represents clients in Oakland County courts, including the 48th District Court. Understanding how a case moves through the local court helps the lawyer and client prepare for arraignment, bond, pretrial proceedings, motions and possible resolution or trial.

Direct Attorney Communication

Clients receive clear explanations about the charge, evidence, court process, possible consequences and next steps. The defense strategy is based on the facts of the individual case—not a one-size-fits-all formula.


What Cases Does the 48th District Court Handle?

The 48th District Court handles misdemeanor criminal matters within its jurisdiction and the preliminary stages of felony prosecutions.

Cases may include:

A felony case generally begins in district court with arraignment, a probable cause conference and a preliminary examination unless that examination is waived. If the case is bound over, it proceeds to Oakland County Circuit Court.


What Happens After a Birmingham Arrest?

Although every case is different, a criminal prosecution may include the following stages.

Investigation, Arrest or Warrant

Police may investigate before requesting charges, make an arrest based on alleged probable cause or act on an authorized warrant.

Booking and Release

The accused may be processed and released with instructions or held for arraignment. Pay careful attention to every document and deadline.

Arraignment

At arraignment, the court generally addresses the charge, constitutional rights, plea, bond, release conditions and future court dates.

Discovery

The defense requests and reviews available evidence, which may include reports, recordings, photographs, electronic communications, laboratory records and witness statements.

Pretrial Proceedings

The parties discuss the case while legal issues, evidence, possible motions and potential resolutions are evaluated.

Motions

When supported by the facts and law, the defense may challenge a search, seizure, traffic stop, statement, identification or other evidence.

Resolution or Trial

A case may conclude through dismissal, reduction, negotiated resolution or trial. No particular result can be guaranteed.

Sentencing and Probation

If there is a conviction, the court determines the sentence under the applicable law and circumstances. Probation conditions, when imposed, must be followed carefully.


What If Police Want to Interview You?

Not every case begins with an arrest. An officer or detective may call, leave a message, request an interview, ask for access to a phone or seek consent to search property.

A request to “hear your side” should be taken seriously. Statements can become evidence, even when the person believes an explanation will end the investigation.

If you may be a suspect or target, consider obtaining legal advice before deciding whether to answer questions, provide access to property or participate in an interview.


What If There Is a Warrant?

Do not ignore an arrest or bench warrant. A warrant may result from a newly authorized charge, failure to appear, an alleged probation violation or failure to comply with a court order.

Depending on the circumstances, an attorney may be able to determine:

  • Which court issued the warrant

  • Why it was issued

  • Which charge or alleged violation is involved

  • Whether arrangements can be made to address it

  • What to expect concerning surrender, arraignment and bond

Addressing a known warrant strategically is different from waiting to be arrested unexpectedly.


Bond and Conditions of Release

Bond determines whether and under what conditions a person may remain out of custody while a case is pending.

Conditions may involve:

  • Alcohol or drug testing

  • No contact with a protected person

  • Travel restrictions

  • Restrictions involving alcohol, drugs or weapons

  • Reporting requirements

  • Attendance at court

  • Other case-specific requirements

An alleged violation can result in a hearing, additional restrictions, modified bond or revocation of bond in serious circumstances. Follow the written order exactly and address any uncertainty promptly.

Can You Travel While the Case Is Pending?

Possibly. The answer depends on the actual bond order. Some people may travel without special permission; others must obtain approval. Never assume travel is permitted without reviewing the court’s conditions.


How Fraiberg & Pernie Reviews Criminal Evidence

A police report is a starting point—not the entire case. Depending on the allegations, the defense may review:

  • Police reports

  • Body-camera and dash-camera footage

  • Business, home or doorbell-camera video

  • 911 calls and dispatch audio

  • Witness statements

  • Photographs

  • Text messages and emails

  • Social-media and digital evidence

  • Search warrants

  • Medical and laboratory records

  • Physical evidence

  • Breath-, blood- or toxicology-test records

The key questions are:

  1. What actually happened?

  2. What evidence exists?

  3. How was that evidence obtained?

  4. Is it reliable and admissible?

  5. Can the prosecution prove every required element?

  6. What strategy best serves this client?

Why Video Can Matter

Video may capture officer observations, statements, witness interviews, searches, physical appearance, injuries, scene conditions and the arrest itself.

Sometimes video supports the written report. Sometimes it supplies important context or reveals an inconsistency. That is why the recording itself should be reviewed whenever it is available.

Are Police Reports Always Accurate?

Police reports are important, but they are written accounts prepared after an investigation. Comparing the report with video, audio, photographs, witness accounts and scientific evidence can reveal whether the descriptions are fully supported.

A difference does not automatically establish misconduct. A meaningful inconsistency still deserves careful examination.


Search, Seizure and Police Statements

Search-and-Seizure Issues

The Fourth Amendment protects against unreasonable searches and seizures. Depending on the case, the defense may ask:

  • Did police have lawful grounds for the detention or traffic stop?

  • Was consent actually and voluntarily given?

  • Was a warrant required?

  • Was the warrant legally sufficient?

  • Did officers remain within the warrant’s authorized scope?

  • Was a vehicle, home, person or digital device searched lawfully?

If evidence was obtained in violation of constitutional protections, the defense may have grounds to seek suppression.

Statements and Police Questioning

The defense may examine what was said, when it was said, whether the person was in custody, whether questioning occurred, whether Miranda warnings were required, whether rights were invoked and whether the statement was voluntary.

A person’s own words can significantly affect a criminal case. That is why legal advice before a police interview can be important.


Defense for Common Birmingham Criminal Charges

DUI and OWI

OWI cases can create both criminal and driver’s-license consequences. Evidence may include driving observations, video, field-sobriety tests, preliminary breath testing, Datamaster records, blood testing, toxicology reports and statements.

The defense should examine whether the stop was lawful, whether probable cause supported the arrest, whether testing procedures were followed and whether the recordings support the officer’s account. The governing Michigan OWI statute is MCL 257.625.

Domestic Violence

Domestic-violence allegations can lead to immediate no-contact and residence restrictions. Evidence may include 911 calls, body-camera footage, photographs, medical records, texts, witness statements and the accounts of the people involved.

The defense should compare those accounts with one another and with the objective evidence.

Assault and Battery

Assault cases often involve disputed versions of an encounter. Important issues may include who initiated the confrontation, whether self-defense applies, the nature of any injuries, witness consistency and whether video or photographs exist.

Drug Charges

Drug cases may involve traffic stops, searches, warrants, consent, alleged possession or control, laboratory analysis, chain of custody, statements and digital communications. Being near a controlled substance does not by itself resolve every legal question about possession.

Theft and Retail Fraud

Theft-related cases can depend heavily on intent. Evidence may include surveillance footage, receipts, store records, loss-prevention reports, witness testimony, statements and financial or digital records.

Probation Violations

Alleged violations may involve testing, failure to report, new charges, failure to complete treatment, unauthorized travel or prohibited contact. The defense may address both whether a violation occurred and what consequence is appropriate if the court finds a violation.

Felony Charges

Felonies can affect freedom, employment, professional licensing, firearm rights, immigration status for noncitizens and reputation. Early district-court proceedings can shape the case before it reaches Oakland County Circuit Court.


Probable Cause Conferences and Preliminary Examinations

What Is a Probable Cause Conference?

It is an early stage of a Michigan felony prosecution before the preliminary examination. The parties may discuss discovery, charges, negotiations and how the case will proceed.

What Is a Preliminary Examination?

At a preliminary examination, the prosecution must present the evidence required under Michigan law for the felony case to continue to circuit court.

Depending on the facts and strategy, the defense may question witnesses, challenge the evidence, preserve testimony, negotiate or evaluate whether waiving the examination serves the client’s interests.

If the case is bound over, later proceedings may include circuit-court arraignment, discovery, motions, negotiations, trial and sentencing if there is a conviction.


Can Criminal Charges Be Reduced or Dismissed?

Sometimes, but never automatically.

Potential issues may involve:

  • Insufficient evidence

  • Unreliable or unavailable witnesses

  • Contradictory statements

  • Video that conflicts with the allegations

  • Unconstitutional searches or seizures

  • Unlawfully obtained statements

  • Identification problems

  • Laboratory or chain-of-custody issues

  • Missing evidence

  • Failure to prove an element of the offense

In other cases, the evidence may strongly support the prosecution. The defense attorney’s responsibility is to determine which situation applies and advise the client honestly.


Negotiations, Motions and Trial

Legal Motions

Not every case requires a motion. When supported by the facts and law, motions may challenge a traffic stop, search, statement, warrant, identification or the admissibility of other evidence.

Plea Negotiations

Negotiations may be affected by the strength of the evidence, legal problems, witness credibility, criminal history, mitigating and aggravating circumstances, client objectives and trial readiness.

Negotiating leverage is stronger when the lawyer understands the evidence and is prepared to litigate legitimate issues.

Trial

A criminal defendant has the right to require the prosecution to prove guilt beyond a reasonable doubt. Trial may involve police and civilian witnesses, cross-examination, video, photographs, physical or scientific evidence, expert testimony and legal argument.

Not every case should go to trial. A lawyer should nevertheless be prepared for trial when the evidence and the client’s informed objectives make trial appropriate.


Possible Consequences of a Conviction

Depending on the offense, potential consequences may include:

  • Jail or prison

  • Probation

  • Fines and costs

  • Community service

  • Treatment and testing

  • Restitution

  • Driver’s-license consequences

  • No-contact orders

  • Other court conditions

Collateral consequences may affect employment, professional licensing, education, housing, travel, insurance, immigration status for noncitizens and firearm rights in applicable cases.

Those broader effects should be considered when evaluating defense strategy and possible resolutions.


Common Mistakes After an Arrest

Avoid:

  • Talking to police without first considering legal advice

  • Missing court dates

  • Violating bond

  • Missing alcohol or drug testing

  • Contacting someone contrary to a no-contact order

  • Posting about the case online

  • Deleting messages, photographs or video

  • Ignoring a warrant

  • Driving contrary to license restrictions

  • Waiting until immediately before court to begin preparing

One of the most important things a defendant can do is follow every court order while the case is pending.


Birmingham Criminal Defense Frequently Asked Questions

Which court handles Birmingham criminal cases?

Misdemeanor cases and the preliminary stages of felony prosecutions arising in Birmingham are generally handled by the 48th District Court in Bloomfield Hills.

Does the 48th District Court handle felonies?

It handles the early stages, including arraignment, probable cause conferences and preliminary examinations. A felony may later proceed to Oakland County Circuit Court.

Do I need a lawyer before charges are filed?

Legal advice may be valuable during an investigation, particularly before deciding whether to participate in a police interview or consent to a search.

Should I tell police my side of the story?

Statements can become evidence. If you may be a suspect, consider speaking with an attorney before deciding whether to answer questions.

Will I go to jail?

Not necessarily. The answer depends on the charge, evidence, prior record, applicable law, resolution and other circumstances.

Can the charge be dismissed or reduced?

Possibly. Whether that is realistic depends on the evidence and legal issues. No attorney can guarantee a particular outcome.

What happens at arraignment?

The court generally addresses the charge, constitutional rights, plea, bond, conditions of release and future court dates.

Can I leave Michigan while on bond?

Possibly, but you must review the actual bond order. Some people require court approval before traveling.

What happens if I miss court?

Failure to appear can lead to additional consequences, including a bench warrant.

Can text messages and social-media posts be used as evidence?

Yes. Electronic communications, photographs, videos and location data may become evidence depending on the allegations.

Can body-camera footage help the defense?

It may support, contradict or add context to written police reports and witness accounts.

Can illegally obtained evidence be excluded?

Potentially. When evidence was obtained in violation of constitutional protections, the defense may have grounds to seek suppression.

How long will the case take?

There is no universal timeline. The charge, complexity, evidence, motions, negotiations, court scheduling and trial decision can affect the duration.

Will the charge remain on my record forever?

Not necessarily. Eligibility for expungement or other relief depends on the offense, disposition, criminal history and current Michigan law.


Speak With a Birmingham Criminal Defense Lawyer

If you were arrested, charged, served with a warrant or contacted by investigators in Birmingham, Fraiberg & Pernie can explain the allegation, court process, evidence and available options.

The firm provides:

  • Evidence-focused case review

  • Direct attorney communication

  • 48th District Court and Oakland County experience

  • Former-prosecutor and former-police insight

  • Misdemeanor, felony and OWI defense

Call (248) 986-2682 to request a confidential consultation.

Birmingham office: 1000 S. Old Woodward Avenue, Suite 103, Birmingham, Michigan 48009
Additional office: Oak Park, Michigan


Related Fraiberg & Pernie Resources


About the Attorneys

Matthew Fraiberg is a Michigan criminal-defense and OWI attorney who has practiced law since 1997. He is a former city prosecutor, former judicial clerk and former assistant legal research clerk who worked with Oakland County Circuit Court judges. His practice includes felony and misdemeanor defense, OWI, warrants, probation violations and criminal traffic matters.

Eric L. Pernie is a Michigan criminal-defense attorney and former Bloomfield Township police officer. His law-enforcement experience provides firsthand knowledge of traffic stops, arrests, police reports, body-camera evidence, evidence collection and investigative procedures.

Together, the attorneys at Fraiberg & Pernie combine extensive courtroom experience with former law-enforcement insight when evaluating Michigan criminal cases.

Written and legally reviewed by: Matthew Fraiberg
Last reviewed and updated: September 2026

This page provides general legal information and does not constitute legal advice. Viewing this page or contacting the firm does not create an attorney-client relationship. Prior results do not guarantee or predict future outcomes.

Schedule a Consultation!

Fill out the information below and we will get back to you as soon as possible.

Testimonials

Success Stories

Verified by MonsterInsights