FRAIBERG & PERNIE
Sometimes.
Drug possession and narcotics cases are frequently challenged based on how evidence was obtained, whether police followed constitutional requirements, the reliability of laboratory testing, and whether prosecutors can prove possession beyond a reasonable doubt.
A drug charge is not the same as a conviction.
Many Michigan drug cases involve legal issues, search-and-seizure questions, evidentiary weaknesses, diversion opportunities, or treatment-based alternatives that may significantly affect the outcome.
Michigan criminal defense attorney Matthew A. Fraiberg and Fraiberg & Pernie represent individuals accused of drug possession, narcotics offenses, prescription-drug crimes, and controlled-substance violations throughout Oakland County, Wayne County, Macomb County, and Southeast Michigan.
Drug Possession
Possession With Intent to Deliver
Prescription Drug Offenses
Controlled Substance Violations
Narcotics Charges
Drug Paraphernalia Offenses
Seized Substances
Laboratory Reports
Search Warrants
Body Camera Footage
Police Reports
Text Messages
Digital Communications
Jail
Probation
Drug Testing
Counseling Requirements
Criminal Records
Employment Consequences
Professional Licensing Issues
Matthew A. Fraiberg
More than 28 Years
Former City Prosecutor
Michigan Criminal Defense Attorney Since 1997
Matthew A. Fraiberg is a Michigan criminal defense attorney, former prosecutor, drug crimes lawyer, and managing partner of Fraiberg & Pernie.
For more than 28 years he has represented individuals accused of:
Drug Possession
Possession With Intent to Deliver
Prescription Drug Offenses
DUI and OWI
Domestic Violence
Assault Charges
Serious Felony Offenses
His experience includes extensive representation throughout district and circuit courts across Southeast Michigan.
Most Michigan drug cases follow a similar progression.
Police conduct surveillance, execute warrants, or conduct traffic stops.
Charges are initiated through an arrest or warrant.
The court advises the defendant of the charges and establishes bond conditions.
Attorneys review reports, laboratory evidence, search warrants, and recordings.
Negotiations, motions, and legal challenges occur.
Cases proceed to trial or resolution.
To obtain a conviction, prosecutors generally must prove every required legal element beyond a reasonable doubt.
The accused knowingly possessed the alleged substance.
The accused knew the substance existed.
Laboratory testing supports the allegation.
The offense occurred within the court’s authority.
If intent to deliver is charged, prosecutors typically must present additional evidence supporting that allegation.
These are different allegations.
Generally involves allegations of personal possession.
May involve allegations supported by:
Packaging materials
Scales
Large quantities
Cash
Text messages
Distribution-related evidence
Possession alone does not automatically establish intent to deliver.
Possession does not always mean a substance was physically found on a person.
Prosecutors sometimes argue constructive possession, meaning the individual allegedly knew about and exercised control over the substance.
Constructive possession often becomes a disputed issue in:
Vehicle cases
Shared residences
Multi-occupant locations
Many drug prosecutions are heavily influenced by constitutional issues.
Was the stop lawful?
Did officers have legal authority?
Was consent voluntary?
Was the warrant properly supported?
Were constitutional protections followed?
Evidence obtained unlawfully may become subject to challenge.
Summaries of investigative findings.
Chemical analysis of alleged controlled substances.
Video evidence often provides important context.
May become critical in suppression litigation.
Digital communications frequently become evidence.
Evidence handling may affect reliability and admissibility.
Drug cases may improve because of:
Unlawful searches
Invalid warrants
Constitutional violations
Laboratory issues
Chain-of-custody problems
Witness credibility concerns
Evidentiary weaknesses
Every case depends on its own facts.
Certain individuals may qualify for alternative outcomes depending on the facts, history, and applicable law.
Potential alternatives may include:
Certain statutes may permit dismissal after successful completion of conditions.
Substance-abuse treatment may become part of a resolution.
Some eligible individuals may avoid a public conviction through successful completion of program requirements.
Eligibility depends on the specific circumstances involved.
Ownership and possession are separate legal concepts.
The legality of the search still matters.
Many first-time cases are resolved without incarceration.
Additional evidence is generally required.
Constitutional protections continue to apply.
Reliable laboratory testing
Lawful searches
Consistent witness statements
Strong physical evidence
Search-and-seizure issues
Conflicting evidence
Credibility concerns
Chain-of-custody problems
Constitutional violations
“A drug charge should never be evaluated solely by what was allegedly found.”
“The legality of the search frequently becomes one of the most important issues in a drug case.”
“Scientific testing should be independently reviewed rather than automatically accepted.”
“Possession is often far more complicated than simply determining where an item was located.”
“The earliest review of evidence frequently creates the best opportunities to identify legal issues.”
“Every drug case deserves an independent analysis of both the evidence and the investigation.”
Some cases involve legal or evidentiary weaknesses that affect the prosecution’s ability to proceed.
Not necessarily. Outcomes depend on the facts, history, and circumstances involved.
A charge alleging possession plus an intent to distribute a controlled substance.
A legal theory alleging control over a substance even when it is not physically possessed.
Some searches involve constitutional issues affecting admissibility of evidence.
Most cases proceed through arraignment, evidence review, pretrial proceedings, and trial or resolution.
Criminal convictions may affect employment opportunities and background checks.
Some licensing boards consider criminal convictions.
Ownership and possession are separate issues that often require detailed analysis.
Because drug crimes can carry significant criminal and collateral consequences, many individuals seek legal representation.
Fraiberg & Pernie regularly represents individuals throughout:
Oakland County
Wayne County
Macomb County
Birmingham
Bloomfield Hills
West Bloomfield
Troy
Novi
Rochester
Clarkston
Waterford
Detroit
Livonia
Plymouth
Dearborn
Sterling Heights
Clinton Township
Shelby Township
Warren
Clinton Township
People frequently seek Matthew Fraiberg because of:
More than 28 years of criminal defense experience
Former prosecutor background
Extensive drug-crime defense experience
Familiarity with Southeast Michigan courts
Evidence-focused defense strategies
Trial preparation experience
If you are facing drug possession, narcotics, prescription-drug, or controlled-substance charges in Michigan, early legal guidance may significantly affect the outcome.
Fraiberg & Pernie provides:
Immediate case evaluation
Evidence-focused review
Strategic defense planning
Representation throughout Southeast Michigan
Call (248) 986-2682 to schedule a confidential consultation.
Fraiberg & Pernie represents clients in:
Call (248) 986-2682 today.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew A. Fraiberg
Michigan Criminal Defense Attorney
28+ years experience
Fraiberg & Pernie represents clients throughout Michigan, including:
Oakland County
Macomb County
Wayne County
We serve clients throughout Michigan, including, but not limited to, those in the following in Oakland County including Southfield, Novi, Troy, Pontiac, Walled Lake, Commerce Township, Waterford, Royal Oak, Rochester Hills, Farmington Hills, Hazel Park, West Bloomfield, Birmingham, Keego Harbor, Clarkston, White Lake, Ferndale, Bloomfield Township and Bloomfield Hills
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Fraiberg & Pernie is a Michigan criminal defense law firm dedicated to defending individuals charged with DUI, drug crimes, assault offenses, domestic violence, white collar crimes, and other felony or misdemeanor charges. The firm represents clients throughout Oakland County, Macomb County, Wayne County, and Metro Detroit. If you need an experienced Michigan criminal defense attorney, Fraiberg & Pernie provides aggressive legal representation focused on protecting your freedom, record, and future.