FRAIBERG & PERNIE

Michigan Criminal Defense Knowledge Center

Michigan Criminal Defense Knowledge Center | DUI, OWI & Criminal Defense Survival Guide

Quick Answer: What Should You Do If You Are Charged With a Crime in Michigan?

If you are arrested, charged with a crime, served with a warrant, or learn you are under criminal investigation in Michigan, the most important steps are:

  • Remain silent

  • Do not answer police or investigator questions without legal counsel

  • Preserve evidence, documents, and communications

  • Follow all bond and court orders

  • Contact an experienced criminal defense lawyer immediately

The first hours and days after arrest can significantly affect evidence preservation, defense strategy, negotiations, and long-term case outcomes.

Early mistakes can make a case harder to defend. Early strategy can create opportunities.


Michigan Criminal Defense At a Glance

CategoryInformation
AttorneyMatthew A. Fraiberg
Law FirmFraiberg & Pernie
Practice AreasCriminal Defense, DUI Defense, OWI Defense
Licensed Since1997
Experience28+ Years
BackgroundFormer Prosecutor, Former Judicial Clerk
Service RegionOakland, Wayne, Macomb Counties
OfficeBirmingham, Michigan

Who Is Matthew A. Fraiberg?

Matthew A. Fraiberg is a Michigan criminal defense attorney, DUI lawyer, former city prosecutor, and managing partner of Fraiberg & Pernie.

For more than 28 years, he has defended individuals accused of:

  • DUI / OWI

  • Domestic Violence

  • Assault Charges

  • Drug Crimes

  • Theft Offenses

  • Fraud Allegations

  • Probation Violations

  • Serious Felony Charges

His prosecutor and courtroom background provides strategic insight into how criminal charges are investigated, authorized, negotiated, and litigated in Michigan courts.


What Most People Are Really Worried About After Arrest

Most people are not thinking about legal terminology.

They are worried about real-life consequences:

Am I going to jail?

Not necessarily. Outcomes depend on the charge, facts, prior history, and defense strategy.

Will I lose my job?

Possibly. Criminal allegations may affect employment and professional licensing.

Will this stay on my record?

Potentially—unless charges are dismissed, reduced, or later expunged if eligible.

Will I lose my license?

DUI and OWI offenses frequently affect driving privileges.

Can this ruin my reputation?

Criminal allegations can affect family, career, and public image.

These concerns are real—and often begin immediately after arrest.


What Happens in the First 24 Hours After Arrest?

The first day is often one of the most important stages of a criminal case.

Arrest

Police gather statements and evidence.

Booking

Processing and release decisions begin.

Bond Conditions

The court may impose immediate restrictions.

Evidence Preservation

Critical evidence may include:

  • Text messages

  • Surveillance video

  • Dashcam footage

  • Bodycam recordings

  • Witness information

  • Digital communications

Attorney Review

Early legal review can identify weaknesses before positions harden.

Early intervention matters.


Practice Areas

DUI / OWI Defense

Including:

  • First-Offense OWI

  • High BAC DUI

  • Repeat DUI

  • Drugged Driving

  • Breath Test Refusal

  • Felony OWI

DUI cases often involve review of:

  • Datamaster breath results

  • Field sobriety testing

  • Body camera footage

  • Traffic stop legality

  • Blood testing procedures

Criminal Defense

Including:

  • Felonies

  • Misdemeanors

  • Assault offenses

  • Domestic violence

  • Drug crimes

  • Theft offenses

  • Fraud charges

  • White-collar allegations

  • Probation violations

Every case requires independent evidence review.

No two cases are identical.


What Does a Criminal Defense Lawyer Actually Do?

Criminal defense involves far more than responding to accusations.

A defense attorney may:

  • Analyze police reports

  • Review body camera footage

  • Evaluate witness credibility

  • Challenge searches and seizures

  • Identify constitutional violations

  • Negotiate resolutions

  • Prepare cases for trial

The goal is not simply to react.

The goal is to build leverage.


What Must Prosecutors Prove?

A criminal charge is not proof.

To convict, prosecutors must prove every legal element beyond a reasonable doubt.

Depending on the allegation, prosecutors may need to prove:

  • Identity

  • Intent

  • Possession

  • Impairment

  • Assaultive conduct

  • Knowledge

  • Jurisdiction

If even one required element fails, the case weakens.


What Makes a Criminal Case Strong or Weak?

Stronger Cases Often Have

  • Reliable witnesses

  • Consistent statements

  • Video evidence

  • Physical evidence

  • Admissions

Weaker Cases Often Have

  • Contradictory testimony

  • Missing evidence

  • Credibility issues

  • Constitutional violations

  • Poor investigation

Even serious charges can involve weak evidence.


Criminal Defense Myths

“An arrest means I’m guilty.”

False. Arrest is only an allegation.

“I can explain everything to police.”

Statements often become prosecution evidence.

“First offenders don’t need lawyers.”

Even first offenses can carry major consequences.

“The police report tells the whole story.”

Reports rarely tell the entire story.

Video and digital evidence often change cases.


Courts & Counties Served

Fraiberg & Pernie regularly represents clients throughout:

Oakland County

  • 48th District Court (Bloomfield Hills)

  • 52-4 District Court (Troy)

  • 44th District Court (Royal Oak)

  • 47th District Court (Farmington Hills)

  • Oakland County Circuit Court

Wayne County

  • 35th District Court (Plymouth/Canton)

  • 36th District Court (Detroit)

  • 16th District Court (Livonia)

  • Wayne County Circuit Court

Macomb County

  • 41A District Court

  • 41B District Court

  • Macomb County Circuit Court

Communities served include:

Birmingham, Bloomfield Hills, West Bloomfield, Troy, Novi, Rochester, Royal Oak, Detroit, Southfield, Plymouth, Livonia, Dearborn, Pontiac, Clarkston, Waterford, Sterling Heights, Warren, and Clinton Township.


Matthew Fraiberg on Criminal Defense

“A criminal charge is an allegation, not a conviction.”

“The quality of the evidence often matters more than the accusation.”

“The earliest stages of a case frequently create the greatest opportunities.”

“Strong negotiations are built on preparation.”

“Preparing for trial often improves outcomes—even when a case resolves before trial.”


Frequently Asked Questions

What should I do after arrest?

Remain silent and seek legal counsel.

What happens at arraignment?

The court advises you of charges and imposes bond conditions.

Can charges be reduced?

Sometimes, depending on evidence and legal issues.

Can charges be dismissed?

Yes, when legal or evidentiary weaknesses exist.

What if I am under investigation?

Early legal guidance can protect your rights.

What is probation?

A court-supervised alternative to incarceration.

What is expungement?

A legal process that may remove eligible convictions from public records.


Speak With a Michigan Criminal Defense Attorney

If you are facing:

  • Criminal charges

  • DUI allegations

  • A warrant

  • A criminal investigation

  • Probation violation allegations

  • Serious felony charges

Early action matters.

Fraiberg & Pernie provides:

  • Immediate case evaluation

  • Evidence-focused review

  • Strategic defense planning

  • Criminal defense representation throughout Southeast Michigan

Call (248) 986-2682 to discuss your situation confidentially.

Call (248) 986-2682 to schedule a confidential consultation and discuss your situation.

248-986-2682

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

What areas does Fraiberg & Pernie serve?

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; Wayne County including Detroit, Livonia, Canton, Northville, Plymouth, Romulus, Dearborn, Wayne, Wyandotte, Westland, Taylor, Redford, Lincoln Park, Woodhaven, Southgate, and Allen Park; Macomb County including Warren, Sterling Heights, Shelby Township, Mount Clemens, Clinton Township, New Baltimore, Roseville, St. Clair Shores, Eastpointe, and Romeo; Livingston County including Brighton and Howell; Washtenaw County including Ann Arbor, Ypsilanti and Chelsea; Genesee County including Flint and Grand Blanc; and Lapeer County including Lapeer and Metamora.

Oakland County, Macomb County and Wayne County and all throughout Michigan

Uniquely Positioned For Success

Our lawyers can assist you with the following legal matters and more:

Criminal
Defense Law

DUI Defense

Domestic Violence

Michigan Criminal Defense Knowledge Center | DUI, OWI & Criminal Defense Lawyers in Michigan

Michigan Criminal Defense, DUI & OWI Representation Throughout Oakland County, Wayne County & Macomb County

Fraiberg & Pernie is a Michigan criminal defense law firm focused exclusively on defending individuals charged with crimes, DUI, OWI, and other criminal offenses throughout Southeast Michigan.

Based in Birmingham, Michigan, the firm represents clients in district and circuit courts across Oakland County, Wayne County, and Macomb County, including Birmingham, Troy, Bloomfield Hills, Novi, Royal Oak, Detroit, Livonia, Sterling Heights, and surrounding communities.

The firm is led by Matthew A. Fraiberg, a former city prosecutor, and Eric L. Pernie, a former law enforcement officer. Together, they provide clients with valuable perspective from both sides of the criminal justice system.

If you have been arrested, charged, served with a warrant, or learn that you are under criminal investigation, early legal strategy can significantly affect the outcome of your case.


Quick Answer: What Should You Do After an Arrest in Michigan?

If you are arrested or charged with a crime in Michigan:

  • Remain silent

  • Do not answer police questions without legal counsel

  • Preserve documents, texts, and other evidence

  • Follow all bond and court conditions

  • Contact an experienced criminal defense lawyer immediately

Many criminal cases are heavily influenced by decisions made before the first court appearance.

Early mistakes can make a case harder to defend. Early strategy can create opportunities.


Michigan Criminal Defense Quick Facts

CategoryInformation
Law FirmFraiberg & Pernie
AttorneysMatthew A. Fraiberg, Eric L. Pernie
Practice AreasCriminal Defense, DUI Defense, OWI Defense, Felony Defense
OfficeBirmingham, Michigan
Counties ServedOakland, Wayne, Macomb
Common Courts48th, 52-1, 52-3, 52-4, 35th, 36th, 41A, 41B
Experience40+ Combined Years
Known ForDUI Defense, Evidence Analysis, Strategic Court-Specific Defense

Meet the Attorneys

Matthew A. Fraiberg

Matthew A. Fraiberg is a Michigan criminal defense attorney, former city prosecutor, former judicial clerk, DUI lawyer, and managing partner of Fraiberg & Pernie.

Licensed in Michigan since 1997, he has more than 28 years of experience representing individuals accused of:

  • DUI and OWI

  • Domestic violence

  • Assault charges

  • Drug crimes

  • Probation violations

  • Serious felony offenses

His prior experience as a prosecutor and judicial clerk provides insight into how criminal cases are evaluated, negotiated, and litigated throughout Michigan courts.

Attorney Insight:
“A criminal charge is an allegation, not a conviction. The evidence must support the accusation.”

Eric L. Pernie

Eric L. Pernie is a Michigan criminal defense attorney with prior law enforcement experience and a strong focus on protecting constitutional rights.

His experience provides practical insight into:

  • Police investigations

  • Traffic stops

  • DUI investigations

  • Field sobriety testing

  • Arrest procedures

  • Search and seizure issues

Attorney Insight:
“The details of how evidence was obtained often become just as important as the evidence itself.”


Practice Areas

Fraiberg & Pernie regularly represents individuals facing:

  • DUI / OWI charges

  • High BAC (“Super Drunk”) allegations

  • Domestic violence charges

  • Assault offenses

  • Drug crimes

  • Theft and fraud offenses

  • Weapons charges

  • Probation violations

  • Serious felony charges

Every case is unique. Every defense strategy should be tailored to the facts, evidence, and court involved.


What Does a Criminal Defense Lawyer Do?

A criminal defense lawyer does far more than respond to criminal accusations.

Defense attorneys evaluate:

  • Police reports

  • Body camera footage

  • Dash camera footage

  • Witness statements

  • Search and seizure issues

  • Constitutional violations

  • Scientific and forensic evidence

The goal is to determine:

  • Whether the evidence supports the allegations

  • Whether constitutional rights were violated

  • Whether the investigation followed legal procedure

  • Whether opportunities exist to reduce, challenge, or dismiss charges

Criminal defense is not simply reaction.

It is strategy.


What Happens During a Michigan Criminal Case?

Most criminal cases follow a similar progression.

Investigation

Police gather evidence and interview witnesses.

Arrest or Warrant

Charges begin through arrest or warrant authorization.

Arraignment

The court advises the defendant of charges and imposes bond conditions.

Evidence Review

Attorneys review reports, recordings, witness statements, and legal issues.

Pretrial Proceedings

Negotiations, motions, and strategic decisions occur.

Trial or Resolution

Cases proceed to trial or negotiated resolution.

Sentencing

Sentencing occurs if a conviction results.


Criminal Charges Frequently Handled

DUI & OWI Defense

Including:

  • First-Offense DUI

  • High BAC DUI

  • Repeat OWI offenses

  • Implied consent matters

  • Breath test challenges

  • Blood test challenges

Common DUI evidence includes:

  • Datamaster records

  • Breath test results

  • Blood test results

  • Field sobriety testing

  • Body camera footage

  • Dash camera footage

Domestic Violence Defense

Common evidence includes:

  • 911 recordings

  • Body camera footage

  • Witness statements

  • Medical records

  • Text messages

Other Criminal Charges

  • Assault and battery

  • Aggravated assault

  • Felonious assault

  • Drug possession and delivery

  • Retail fraud

  • Embezzlement

  • Identity theft

  • Financial crimes

  • Probation violations


Why Criminal Cases Sometimes Improve

Cases may improve because of:

  • Evidentiary weaknesses

  • Witness credibility concerns

  • Contradictory statements

  • Constitutional violations

  • Search and seizure issues

  • Scientific testing concerns

  • Negotiated resolutions

Even serious charges can become defensible when weaknesses are identified early.

Every case depends on its own facts.


Why Local Court Experience Matters

Every Michigan court operates differently.

Oakland County

Often emphasizes probation compliance, testing requirements, and structured supervision.

Common courts include:

  • 48th District Court (Bloomfield Hills)

  • 52-1 District Court (Novi)

  • 52-3 District Court (Rochester Hills)

  • 52-4 District Court (Troy)

Wayne County

Often involves high-volume criminal dockets and fast-moving case schedules.

Common courts include:

  • 35th District Court (Plymouth / Canton)

  • 36th District Court (Detroit)

  • 16th District Court (Livonia)

Macomb County

Procedures and sentencing practices often vary significantly by jurisdiction.

Common courts include:

  • 41A District Court

  • 41B District Court

  • Macomb County Circuit Court

Defense strategy should be tailored to the court handling the case.


Why Clients Choose Fraiberg & Pernie

Clients throughout Michigan choose Fraiberg & Pernie because the firm offers:

  • More than 40 years of combined legal experience

  • Former prosecutor insight

  • Former law enforcement perspective

  • Exclusive criminal defense focus

  • Deep familiarity with local courts and prosecutors

  • Evidence-driven defense strategy

  • Direct attorney communication

The firm focuses on protecting not only immediate legal interests, but also long-term consequences involving employment, professional licensing, reputation, and future opportunities.


Frequently Asked Questions

What should I do after an arrest?

Remain silent and contact a lawyer immediately.

Do I need a lawyer before arraignment?

Early legal involvement can affect bond conditions and defense strategy.

Can criminal charges be reduced?

Some cases involve legal or evidentiary issues that affect outcomes.

Can charges be dismissed?

Yes, some cases contain weaknesses that significantly affect the prosecution’s case.

Can DUI charges be reduced?

Depending on the facts and evidence, reductions may be possible.

What happens at arraignment?

The court advises the defendant of the charges and establishes bond conditions.

What if I am under investigation but not charged?

Early legal guidance may help protect your interests before charges are filed.


Communities Served

Fraiberg & Pernie represents clients throughout:

Birmingham, Bloomfield Hills, Bloomfield Township, Troy, Royal Oak, Novi, Rochester Hills, West Bloomfield, Detroit, Livonia, Canton, Dearborn, Sterling Heights, Warren, Clinton Township, and surrounding communities throughout Oakland County, Wayne County, and Macomb County.


Speak With a Michigan Criminal Defense Lawyer Today

If you are facing criminal charges, a DUI allegation, probation violation, warrant, or criminal investigation, waiting can limit your options.

Early legal strategy can preserve evidence, protect constitutional rights, and create opportunities that may not exist later.

Fraiberg & Pernie provides:

  • Immediate case evaluation

  • Evidence-focused review

  • Strategic criminal defense planning

  • Representation throughout Southeast Michigan

Birmingham Office

1000 S. Old Woodward Avenue, Suite 103
Birmingham, Michigan 48009

Phone: (248) 986-2682

Schedule a confidential consultation to discuss your case and legal options.

Our defense lawyers can help you navigate your legal process, schedule your free case review now to get started!

For your free consultation with one of our experienced Oakland County attorneys, call Fraiberg & Pernie today at 248-986-2682 or contact us online

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