Macomb County Felony Criminal Defense Lawyer | Fraiberg & Pernie

Macomb County Felony Lawyer — Felony Criminal Defense in Macomb County

Fraiberg & Pernie represents people facing felony charges and felony investigations throughout Macomb County, Michigan, from the initial district-court proceedings through felony cases in the Macomb County 16th Judicial Circuit Court in Mount Clemens.

The firm’s felony-defense attorneys include Matthew Fraiberg, a former City Prosecutor and former Judicial Clerk who has practiced law in Michigan since 1997, and Eric L. Pernie, a Michigan criminal defense attorney and former police officer.

Quick Answer: What Should You Do If You Are Facing a Felony in Macomb County?

If you were arrested, charged with a felony, served with a warrant, or contacted by police about a potential felony in Macomb County, consider speaking with a criminal defense attorney before answering questions or making decisions about the case.

A Michigan felony can carry serious consequences involving:

• Jail or prison

• Probation

• A felony criminal record

• Employment

• Professional licensing

• Firearm rights

• Housing

• Immigration status for noncitizens

• Driving privileges for certain offenses

Early representation can also matter because evidence may need to be preserved, bond conditions may require immediate attention, and felony proceedings can begin quickly.

Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.

Macomb County Felony Defense at a Glance

Law Firm: Fraiberg & Pernie
Practice Area: Felony Criminal Defense
County: Macomb County, Michigan
Felony Court: Macomb County 16th Judicial Circuit Court
Circuit Court Location: Mount Clemens, Michigan
Attorneys: Matthew Fraiberg and Eric L. Pernie
District Courts: 37th, 38th, 39th, 40th, 41-A, 41-B, 42-1 and 42-2
Defense Approach: Evidence analysis, constitutional review, motion practice, negotiation and trial preparation
Phone: (248) 986-2682

Fraiberg & Pernie → Macomb County Felony Criminal Defense
Matthew Fraiberg → Former City Prosecutor / Former Judicial Clerk / Michigan Criminal Defense Attorney
Eric Pernie → Former Police Officer / Michigan Criminal Defense Attorney
Macomb County 16th Judicial Circuit Court → Circuit court handling felony prosecutions after the district-court stage

How Does a Felony Case Work in Macomb County?

A felony case generally begins in the district court with jurisdiction over the location where the alleged offense occurred.

The early stages can include:

1. Arrest or criminal investigation

2. Arraignment

3. Bond determination

4. Probable cause conference

5. Preliminary examination

6. Possible bindover to circuit court

If the felony proceeds beyond the district-court stage, the prosecution generally moves to the Macomb County 16th Judicial Circuit Court in Mount Clemens.

Circuit-court proceedings can involve:

• Arraignment on the information

• Discovery

• Pretrial conferences

• Evidentiary motions

• Constitutional challenges

• Plea negotiations

• Trial

• Sentencing following a conviction

This makes the district-court stage important. A felony defense does not begin when the case reaches circuit court.

It begins with the investigation and evidence.

Macomb County District Courts Handling Felony Cases

Depending on where the alleged offense occurred, a Macomb County felony case may begin in:

• 37th District Court — Warren and Center Line

• 38th District Court — Eastpointe

• 39th District Court — Roseville and Fraser

• 40th District Court — St. Clair Shores

• 41-A District Court — Sterling Heights

• 41-A District Court — Shelby Township

• 41-B District Court — Clinton Township

• 42-1 District Court — Romeo

• 42-2 District Court — New Baltimore

For Warren and Center Line cases, see the firm’s 37th District Court criminal defense and OWI/DUI guide.

For a broader explanation of the county court system, see Macomb County Criminal Defense.

Macomb County 16th Judicial Circuit Court Felony Defense

Felony cases that are bound over from a Macomb County district court generally proceed to the Macomb County 16th Judicial Circuit Court in Mount Clemens.

By this stage, the defense may be evaluating:

• Whether the prosecution can prove every element

• Whether evidence was lawfully obtained

• Search-and-seizure issues

• Statements or interrogations

• Witness credibility

• Video and digital evidence

• Forensic evidence

• Laboratory testing

• Expert testimony

• Evidentiary motions

• Possible negotiated resolutions

• Trial strategy

A felony charge is an allegation.

The important question is what the prosecution can legally prove with admissible evidence.

What Is a Felony in Michigan?

A felony is a serious criminal offense that can expose a person to substantial criminal penalties and collateral consequences.

The potential consequences depend on the particular offense and circumstances but can involve:

• Jail or prison

• Probation

• Fines and costs

• Employment consequences

• Professional-license consequences

• Firearm restrictions

• Immigration consequences for noncitizens

• Driver’s-license consequences for certain offenses

• A lasting criminal record

The potential penalty and sentencing structure vary significantly from one felony offense to another.

What Felony Charges Does Fraiberg & Pernie Defend in Macomb County?

Fraiberg & Pernie represents people accused of a range of felony offenses.

Violent Felony Charges

Cases can include:

• Felonious assault

• Assault with intent offenses

• Armed robbery

• Home invasion

• Serious domestic-violence allegations

• Other felony assault charges

These cases can involve questions about intent, identification, self-defense, witness credibility, injuries, video evidence and conflicting accounts.

Felony Drug Charges

Drug-related felony allegations can include:

• Possession with intent to deliver

• Delivery or manufacture allegations

• Drug trafficking

• Drug conspiracy

• Cocaine offenses

• Fentanyl offenses

• Methamphetamine offenses

• Prescription-drug offenses

Drug cases can raise significant Fourth Amendment issues concerning searches, warrants, traffic stops, consent and possession.

Felony Weapons Charges

Weapons cases can involve:

• Felony-firearm allegations

• Carrying concealed weapon allegations

• Prohibited possession

• Firearm-related felony charges

• Weapons allegations connected with another criminal offense

The defense depends on the particular charge, alleged possession, circumstances of the police encounter and admissible evidence.

Theft & Financial Felonies

Fraiberg & Pernie also handles serious theft and financial allegations, including:

• Embezzlement

• Identity theft

• Fraud

• Felony retail fraud

• Motor-vehicle theft

• White-collar allegations

These cases frequently involve records, surveillance, digital evidence, financial information, witness statements and questions concerning intent.

Felony OWI & Serious Driving Offenses

Felony driving cases can include:

• Third-offense OWI

• OWI causing serious injury

• OWI causing death

• Certain fleeing-and-eluding charges

• Other serious driving offenses

These cases can involve body-camera footage, crash reconstruction, toxicology, breath or blood testing, medical evidence, witness statements and constitutional issues.

Learn more about Michigan DUI and OWI defense.

What Should You Do After a Felony Arrest?

The period immediately following an arrest or investigation can matter.

Consider these steps:

• Clearly exercise your right to remain silent

• Do not attempt to explain the allegations to investigators without legal advice

• Do not consent to searches simply because police request permission

• Preserve potentially relevant messages, photographs, videos and documents

• Do not delete or alter potential evidence

• Avoid discussing the allegations on social media

• Follow all bond and court conditions

• Avoid contacting witnesses about their testimony

• Speak with a criminal defense attorney about the case and upcoming deadlines

Statements made in an attempt to “clear things up” can become evidence.

How Fraiberg & Pernie Evaluates a Felony Case

A felony defense should begin with the evidence rather than assumptions based on the charge.

1. What Evidence Exists?

Depending on the case, the defense may review:

• Police reports

• Body-camera footage

• Dash-camera footage

• Surveillance recordings

• 911 calls

• Witness statements

• Search warrants

• Photographs

• Physical evidence

• Laboratory reports

• Phone records

• Text messages

• Social-media evidence

• Digital evidence

• Medical records when relevant

• Police communications

2. Was the Evidence Obtained Lawfully?

Potential issues can include:

• Traffic stops

• Searches

• Search warrants

• Consent

• Arrests

• Statements

• Interrogations

• Constitutional violations

When evidence was obtained unlawfully, the defense may evaluate whether a motion to suppress is appropriate.

3. Can the Prosecutor Prove Every Element?

An arrest or felony charge does not establish guilt.

The prosecution must prove the legally required elements of the charged offense.

The defense should determine which elements are genuinely supported by admissible evidence and which are subject to challenge.

4. Are the Witnesses Reliable?

Witness testimony can be affected by:

• Inconsistent accounts

• Bias

• Limited opportunity to observe

• Memory

• Prior statements

• Video contradicting the account

• Other credibility issues

5. What Does the Forensic Evidence Actually Establish?

Depending on the charge, forensic evidence can include:

• DNA

• Fingerprints

• Toxicology

• Drug testing

• Firearms evidence

• Digital forensics

• Medical evidence

The existence of forensic evidence does not eliminate the need to examine how it was collected, preserved, tested and interpreted.

6. What Is the Best Strategy?

The appropriate strategy may involve:

• Investigation

• Evidence preservation

• Motion practice

• Constitutional challenges

• Negotiation

• Mitigation

• Trial preparation

• Trial

The strategy should reflect the actual facts and evidence rather than a predetermined approach.

Can a Macomb County Felony Charge Be Dismissed?

Sometimes.

Whether dismissal is realistic depends on the particular facts and law.

Issues that can affect a felony prosecution include:

• Insufficient evidence

• Unlawful searches

• Invalid warrants

• Inadmissible statements

• Witness credibility problems

• Unavailable witnesses

• Problems with forensic evidence

• Failure to establish a required element

• Other evidentiary or constitutional issues

No attorney can legitimately guarantee that a felony charge will be dismissed.

Can a Felony Be Reduced to a Misdemeanor?

Sometimes felony charges are reduced through negotiations or other case resolutions.

Whether a reduction is possible depends on factors such as:

• The original charge

• Strength of the evidence

• Legal issues

• Criminal history

• Mitigating circumstances

• Victim or witness issues where applicable

• Prosecutorial decisions

• Available statutory or court programs

• Readiness to litigate contested issues

A felony reduction should never be assumed or guaranteed.

What Happens at a Probable Cause Conference?

A probable cause conference occurs during the district-court stage of a Michigan felony prosecution.

The conference can provide an opportunity for the prosecution and defense to address:

• Evidence

• Charges

• Discovery

• Potential resolution

• Preliminary-examination issues

• Other matters affecting the prosecution

What happens at the conference depends on the individual case.

What Happens at a Preliminary Examination?

A preliminary examination is an important district-court stage of a felony prosecution.

The prosecution must present legally sufficient evidence to support moving the felony case forward under Michigan law.

Depending on the circumstances, the defense may:

• Question witnesses

• Challenge aspects of the evidence

• Preserve testimony

• Evaluate the prosecution’s case

• Address whether the required legal standard has been established

• Determine whether waiving the examination serves a strategic purpose

The decision to conduct or waive a preliminary examination should be made based on the individual case.

Who Are the Macomb County Felony Defense Attorneys at Fraiberg & Pernie?

Matthew A. Fraiberg — Former Prosecutor & Judicial Clerk

Matthew Fraiberg is a Michigan criminal defense attorney, former City Prosecutor, former Judicial Clerk and Managing Partner of Fraiberg & Pernie.

Licensed to practice law in Michigan since 1997, Matthew has more than 29 years of legal experience.

His criminal-defense practice includes felony litigation, constitutional issues, evidentiary motions, negotiations and trial preparation.

His prior experience provides perspective into how prosecutors evaluate charges and evidence and how courts analyze legal issues.

Eric L. Pernie — Former Police Officer

Eric L. Pernie is a Michigan criminal defense attorney, co-founder of Fraiberg & Pernie and former police officer.

His law-enforcement background provides additional perspective when examining:

• Police investigations

• Traffic stops

• Arrest decisions

• Search procedures

• Officer observations

• Body-camera recordings

• Police reports

• Evidence collection

Together, Matthew Fraiberg and Eric Pernie bring experience from the prosecution, judicial, law-enforcement and criminal-defense perspectives to the evaluation of felony cases.

Frequently Asked Questions About Macomb County Felony Cases

Am I Going to Prison for a Felony in Macomb County?

Not automatically.

Potential incarceration depends on the particular offense, facts, criminal history, applicable sentencing law and guidelines, and ultimate outcome of the case.

Being charged with a felony does not mean a prison sentence is inevitable.

Where Does a Macomb County Felony Case Start?

A Macomb County felony case generally begins in the district court with jurisdiction over the location where the alleged offense occurred.

If the felony is bound over, it generally proceeds to the Macomb County 16th Judicial Circuit Court in Mount Clemens.

Should I Talk to Police If I Am Under Investigation?

You have constitutional rights, including the right to remain silent and the right to consult an attorney.

Statements intended to explain an incident can become evidence. Consider obtaining legal advice before participating in an interview concerning suspected criminal conduct.

Should I Hire a Lawyer Before Felony Charges Are Filed?

There are situations in which representation during an investigation can be valuable.

An attorney may be able to communicate with investigators, address interview requests, help preserve evidence, evaluate search-warrant issues and advise you before formal charges are authorized.

Can a Felony Charge Be Dismissed?

Some felony cases are dismissed, but dismissal depends on the evidence, applicable law and circumstances.

No attorney can guarantee dismissal.

Can a Felony Be Reduced to a Misdemeanor?

Sometimes.

A possible reduction depends on the charge, evidence, criminal history, mitigation, prosecutor and other case-specific circumstances.

What Happens If There Is a Felony Warrant?

Do not ignore a warrant.

An attorney can investigate the warrant and help determine an appropriate way to address it.

How Long Does a Macomb County Felony Case Take?

There is no universal timeline.

The duration depends on the charge, evidence, number of witnesses, discovery, motions, negotiations, court scheduling and whether the case proceeds to trial.

Why Early Felony Defense Matters

Important events can occur before a felony case ever reaches Macomb County Circuit Court.

Early defense work may include:

• Preserving video

• Locating witnesses

• Reviewing bond conditions

• Obtaining records

• Examining police conduct

• Evaluating searches and warrants

• Reviewing statements

• Investigating forensic evidence

• Developing mitigation

• Preparing for the probable cause conference

• Preparing for preliminary examination

• Preparing motions

• Preparing for negotiations or trial

The objective is to understand the evidence early enough to make informed strategic decisions.

Speak With a Macomb County Felony Lawyer

If you have been arrested, charged with a felony, served with a warrant, or contacted by investigators in Macomb County, consider speaking with a criminal defense attorney before making decisions that could affect your case.

Fraiberg & Pernie represents clients in felony matters arising throughout Macomb County, including:

• Warren

• Center Line

• Eastpointe

• Roseville

• Fraser

• St. Clair Shores

• Sterling Heights

• Shelby Township

• Clinton Township

• Mount Clemens

• Romeo

• Washington Township

• Chesterfield Township

• New Baltimore

• New Haven

• Macomb Township

• Surrounding Macomb County communities

Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.

Related Macomb County & Michigan Criminal Defense Resources

• Macomb County Criminal Defense

• Michigan Criminal Defense

• Michigan DUI & OWI Defense

• Michigan Misdemeanor Defense

• Michigan Domestic Violence Defense

• Michigan Probation Violation Defense

• 37th District Court — Warren Criminal Defense & OWI/DUI

• Fraiberg & Pernie Case Results

Written and reviewed by Matthew Fraiberg
Michigan Criminal Defense Attorney
Former City Prosecutor | Former Judicial Clerk
Licensed in Michigan Since 1997 | 29+ Years of Legal Experience

Last reviewed: October 2026

This page provides general information and does not constitute legal advice. Every criminal case depends on its individual facts and circumstances. Prior results do not guarantee or predict a similar result in a future case.