FRAIBERG & PERNIE

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Southfield Criminal Defense Lawyer – 46th District Court Defense Guide

Quick Answer: Charged With a Crime in Southfield or the 46th District Court?

If you were arrested or charged with a misdemeanor, felony, assault, domestic violence offense, drug crime, theft offense, probation violation, or criminal driving offense arising within the jurisdiction of the 46th District Court, early legal strategy can affect what happens next.

The 46th District Court in Southfield, Michigan handles misdemeanor criminal cases and the preliminary stages of felony prosecutions arising within its geographic jurisdiction.

The court serves:

  • Southfield

  • Lathrup Village

  • Beverly Hills

  • Franklin

  • Bingham Farms

  • Southfield Township

Important concerns immediately after an arrest may include:

  • Understanding bond conditions

  • Preparing for arraignment

  • Preserving video and electronic evidence

  • Protecting employment

  • Protecting professional licenses

  • Avoiding additional criminal allegations

  • Complying with testing or reporting requirements

  • Identifying constitutional or evidentiary defenses

A criminal charge is an allegation.

It is not a conviction.

A strong defense begins by asking:

  1. What does the prosecution have to prove?

  2. What does the actual evidence show?

  3. Were constitutional protections followed?

  4. What can be done now to improve the client’s position?

Fraiberg & Pernie represents individuals facing criminal charges in the 46th District Court and throughout Oakland County, Michigan.

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


46th District Court Criminal Defense at a Glance

Topic Information
Court 46th District Court
Location Southfield, Michigan
Address 26000 Evergreen Road, Southfield, MI
County Oakland County
Communities served Southfield, Lathrup Village, Beverly Hills, Franklin, Bingham Farms and Southfield Township
Criminal jurisdiction Misdemeanors and preliminary proceedings in felony cases
Common matters Assault, domestic violence, theft, drug charges, suspended-license offenses, reckless driving and probation violations
Defense firm Fraiberg & Pernie
Attorney Matthew Fraiberg
Experience Michigan attorney since 1997; former prosecutor and former judicial clerk

The City of Southfield confirms that the 46th District Court has jurisdiction over criminal misdemeanors and handles arraignments, bail and preliminary examinations in felony matters.


Which Communities Does the 46th District Court Serve?

The 46th District Court has geographic jurisdiction over:

  • City of Southfield

  • City of Lathrup Village

  • Village of Beverly Hills

  • Village of Franklin

  • Village of Bingham Farms

  • Southfield Township

This is important because the court handling a criminal case is generally determined by where the alleged offense occurred, not simply by where the defendant lives.

For example, a person who lives elsewhere in Michigan can still have a criminal case in the 46th District Court if the alleged offense occurred within the court’s jurisdiction.


What Criminal Cases Does the 46th District Court Handle?

The 46th District Court handles misdemeanor criminal matters and the district-court stages of felony cases.

Common proceedings include:

  • Arraignment

  • Bond determination

  • Pretrial conferences

  • Probable-cause conferences

  • Preliminary examinations

  • Evidentiary motions

  • Plea negotiations

  • Misdemeanor trials

  • Sentencing

  • Probation

  • Probation-violation proceedings

The court maintains a dedicated Misdemeanor/Felony Division responsible for processing and scheduling criminal cases.


What Happens With a Felony Charge in Southfield?

A felony case generally begins in district court even though the final felony proceedings usually take place in circuit court.

A felony case arising within the 46th District Court’s jurisdiction may involve:

Arraignment

The defendant is advised of the charge and the court addresses bond.

Probable-Cause Conference

The defense and prosecution may discuss:

  • Discovery

  • Potential resolution

  • Evidentiary issues

  • Preliminary-examination scheduling

Preliminary Examination

The prosecution must satisfy the legal standard necessary to bind the felony case over for further proceedings.

If the case is bound over, it generally proceeds to the Oakland County Circuit Court.

That makes the district-court stage an important part of felony defense.


The First 72 Hours After an Arrest

The first few days can matter because evidence can disappear and bond conditions may already be in effect.

Read Every Bond Order Carefully

Do not assume that you may:

  • Travel freely

  • Consume alcohol

  • Use controlled substances

  • Contact an alleged victim

  • Miss testing

  • Leave Michigan

  • Possess weapons

  • Ignore reporting requirements

The written court order controls.

If a condition is unclear, obtain legal advice rather than guessing.


Preserve Evidence Immediately

Potentially important evidence may include:

  • Body-camera footage

  • Dash-camera footage

  • Business surveillance video

  • Residential security-camera footage

  • 911 recordings

  • Dispatch recordings

  • Text messages

  • Emails

  • Social-media communications

  • Photographs

  • Phone records

  • Receipts

  • Location data

  • Witness information

  • Medical records

Some surveillance systems overwrite footage quickly.

Early preservation can be important.


Do Not Discuss the Case Publicly

Statements made after an arrest can become evidence.

Avoid posting about:

  • What happened

  • The alleged victim

  • Witnesses

  • Police conduct

  • Potential defenses

  • Court proceedings

Even a statement intended as an explanation can later be interpreted differently.


A Local Perspective on Southfield Criminal Cases

Southfield contains major highways, heavily traveled surface roads, office districts, retail areas and residential communities.

Criminal investigations may arise near:

  • Telegraph Road

  • Northwestern Highway

  • Evergreen Road

  • Lahser Road

  • Eight Mile Road

  • Ten Mile Road

  • M-39 / Southfield Freeway

  • M-10 / Lodge Freeway

Location can affect the available evidence.

For example, a traffic-related criminal investigation on the Lodge Freeway may involve:

  • Police dash-camera footage

  • Body-camera footage

  • Traffic conditions

  • Lighting

  • Road configuration

  • Vehicle positioning

An alleged theft offense at a retail establishment may instead involve:

  • Surveillance cameras

  • Loss-prevention witnesses

  • Receipts

  • Inventory records

  • Electronic payment information

An assault allegation arising in a residential or commercial setting may involve:

  • Witness credibility

  • Video

  • 911 recordings

  • Photographs

  • Self-defense

  • Medical evidence

The defense should be built around the evidence actually available in that particular case.


What Happens at Arraignment?

Arraignment is often the defendant’s first court appearance.

Depending on the case, the court may:

  • Advise the defendant of the charge

  • Explain potential penalties

  • Address representation

  • Set or review bond

  • Impose conditions of release

  • Schedule future proceedings

Bond conditions can become important immediately.

Violating a bond condition can create consequences separate from the underlying criminal charge.


What Happens During a Pretrial Conference?

A misdemeanor case commonly proceeds to one or more pretrial conferences.

During this stage, the defense may:

  • Obtain discovery

  • Review police reports

  • Review video

  • Interview witnesses

  • Examine forensic evidence

  • Identify legal issues

  • Discuss possible resolutions

  • Prepare motions

  • Prepare for trial

Many criminal cases are resolved during the pretrial stage.

That does not mean a defendant should automatically accept the first offer.

The evidence should be reviewed first.


What Happens if Bond Is Violated?

An alleged bond violation can result in another court proceeding.

Potential consequences may include:

  • Modified bond conditions

  • Additional restrictions

  • Increased testing

  • Increased bond

  • Revocation of bond

  • Temporary incarceration

  • A warrant for failure to appear in appropriate circumstances

If a potential bond violation occurs, address it promptly.

Ignoring it can make the situation worse.


Common Criminal Charges in the 46th District Court

Assault and Battery

Assault cases often involve disputed facts.

Important issues can include:

  • Who initiated the confrontation

  • Self-defense

  • Witness credibility

  • Video evidence

  • Injuries

  • Prior statements

  • 911 calls

  • Physical evidence

When witness testimony conflicts, details can matter.


Domestic Violence

Domestic violence cases may create immediate concerns involving:

  • No-contact bond conditions

  • Removal from a residence

  • Parenting issues

  • Firearm restrictions

  • Employment

  • Professional licensing

The evidence may include:

  • Body-camera footage

  • Witness statements

  • Text messages

  • Photographs

  • 911 calls

  • Medical evidence

  • Statements made at the scene

An arrest does not establish that every allegation is accurate.


Drug Crimes

Drug-related prosecutions may involve:

  • Drug possession

  • Controlled-substance offenses

  • Possession with intent to deliver

  • Prescription-related offenses

Defense issues can include:

  • Legality of the traffic stop

  • Search and seizure

  • Consent

  • Search warrants

  • Constructive possession

  • Statements

  • Laboratory testing

  • Chain of custody

The Fourth Amendment may become particularly important in drug cases.


Retail Fraud and Theft

Theft-related allegations can involve:

Evidence can include:

  • Surveillance footage

  • Witness statements

  • Transaction records

  • Receipts

  • Electronic communications

  • Proof of ownership

  • Evidence concerning intent

A theft conviction can also create concerns involving employment and background checks.


Driving While License Suspended

A suspended-license charge can create additional driver’s-license complications.

The defense should determine:

  • Why the license was suspended

  • Whether proper notice existed

  • Whether the underlying problem can be corrected

  • Whether driving privileges can be restored

  •  

  • Whether the criminal charge can be reduced or otherwise resolved

Fixing the underlying license issue can sometimes improve the overall situation.


Reckless Driving and Other Criminal Traffic Charges

Criminal traffic cases may involve:

  • Reckless driving

  • Leaving the scene of an accident

  • Driving while license suspended

  • Other misdemeanor traffic offenses

Potential evidence may include:

  • Officer observations

  • Dash-camera footage

  • Witness statements

  • Vehicle data

  • Accident reconstruction

  • Traffic-camera footage

These cases should be treated as criminal matters rather than ordinary traffic tickets when the offense carries criminal penalties.


Probation Violations

The 46th District Court has a probation department that supervises defendants placed on probation and performs alcohol assessments and presentence investigations.

Alleged probation violations may involve:

  • Positive alcohol tests

  • Positive drug tests

  • Missed testing

  • Failure to report

  • Failure to complete treatment

  • New criminal allegations

  • Failure to comply with another probation condition

An allegation of a violation is not the same as proof.

The defense should determine:

  • What condition was allegedly violated

  • What evidence supports the claim

  • Whether there is an explanation

  • Whether the alleged violation can be challenged


Search and Seizure Issues

Criminal cases frequently involve constitutional questions.

Potential issues include:

  • Was the traffic stop lawful?

  • Did police have authority to detain the person?

  • Was consent voluntarily given?

  • Did officers have a search warrant?

  • Was the warrant valid?

  • Did officers remain within the authorized scope?

  • Was evidence obtained from a phone legally?

  • Was a residence lawfully searched?

Evidence obtained in violation of constitutional protections may potentially be subject to suppression.

The answer depends on the facts.


Statements to Police

Statements made during an investigation can become important evidence.

Defense review may include:

  • Whether the person was in custody

  • Whether interrogation occurred

  • Whether Miranda warnings were required

  • Whether warnings were given

  • Whether statements were voluntary

  • Whether video provides context missing from the report

A short statement quoted in a police report can sometimes sound very different when the entire interaction is reviewed.


Why Body-Camera Evidence Matters

Body-camera footage can be one of the most useful pieces of evidence in a criminal case.

It may show:

  • Defendant’s demeanor

  • Witness statements

  • Officer instructions

  • Searches

  • Consent discussions

  • Injuries

  • Statements

  • Scene conditions

  • Events omitted from a written report

Sometimes video supports the police report.

Sometimes it raises additional questions.

That is why the evidence should be reviewed rather than assumed.


Warrants and Missed Court Dates

Some people discover an outstanding warrant after:

  • A traffic stop

  • A background check

  • Contact with police

  • A driver’s-license matter

  • Learning that a prior court date was missed

A warrant should generally be addressed proactively.

The appropriate strategy depends on:

  • Why the appearance was missed

  • How long the warrant has existed

  • The original charge

  • Prior court history

  • Whether the person voluntarily addresses the warrant

Waiting for an unexpected arrest usually provides less control over the situation.


Can Criminal Charges Be Dismissed in Southfield?

Yes, criminal charges can sometimes be dismissed when the evidence or law supports dismissal.

Possible issues can include:

  • Insufficient evidence

  • Illegal searches

  • Unlawful traffic stops

  • Inadmissible statements

  • Witness credibility problems

  • Missing evidence

  • Surveillance-video inconsistencies

  • Constitutional violations

  • Failure to prove an element of the offense

No lawyer can ethically guarantee dismissal.

A better question is:

What weaknesses exist in the prosecution’s case?


Can Criminal Charges Be Reduced?

Potential reductions depend on factors such as:

  • Charge

  • Criminal history

  • Strength of the evidence

  • Legal issues

  • Prosecutor

  • Court

  • Mitigating circumstances

  • Defendant’s conduct while the case is pending

Some cases resolve through reductions or other negotiated dispositions.

Others may involve motions or trial.

The appropriate strategy depends on the evidence.


Who Is Matthew Fraiberg?

Matthew Fraiberg is a Michigan criminal defense attorney and managing partner of Fraiberg & Pernie.

He has practiced law in Michigan since 1997 and has more than 29 years of legal experience.

His professional background includes:

  • Criminal defense attorney

  • Former City Prosecutor

  • Former Judicial Clerk

  • Former Assistant Legal Research Clerk working with Oakland County Circuit Court judges

  • Extensive criminal-defense experience throughout Oakland County

Fraiberg’s approach begins with a basic question:

What does the evidence actually prove?

That means examining the case beyond the police report and determining whether the prosecution can establish every required element.


Who Is Eric L. Pernie?

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

Before becoming an attorney, Pernie served as a police officer.

That law-enforcement background provides additional perspective when evaluating:

  • Police reports

  • Traffic stops

  • Officer conduct

  • Searches

  • Arrest procedures

  • Investigative techniques

  • Body-camera evidence

A criminal-defense team with both prosecutorial and law-enforcement experience can evaluate a case from several perspectives.


Why Clients Choose Fraiberg & Pernie

Fraiberg & Pernie concentrates its practice on criminal defense and DUI/OWI matters.

The firm’s approach emphasizes:

Evidence-First Review

Do not assume the accusation proves the case.

Review the evidence.

Former Prosecutor Experience

Matthew Fraiberg has experience evaluating criminal cases from both the prosecution and defense perspectives.

Former Police-Officer Perspective

Eric Pernie’s prior law-enforcement experience provides insight into police procedures and investigations.

Oakland County Experience

The attorneys regularly handle matters in Oakland County courts.

Courtroom Preparation

Negotiation can be more effective when the defense is prepared to litigate legitimate legal and evidentiary issues.

Client Preparation

Clients should understand:

  • The charge

  • Potential penalties

  • Bond conditions

  • Evidence

  • Defense options

  • What happens next


How Do I Choose a Southfield Criminal Defense Lawyer?

Someone searching for the best criminal defense lawyer in Southfield is usually trying to identify the attorney best suited for the particular case.

Questions worth asking include:

  • How much of your practice involves criminal defense?

  • Have you handled cases in the 46th District Court?

  • Who will personally appear in court with me?

  • Will you review body-camera and surveillance video?

  • Do you handle felony preliminary examinations?

  • Do you file evidentiary motions when appropriate?

  • How do you evaluate search-and-seizure issues?

  • How do you handle bond violations?

  • Are you prepared to try the case?

  • How will you keep me informed?

No attorney can guarantee a particular result.

Experience, preparation and evidence review can nevertheless matter substantially.


46th District Court Frequently Asked Questions

Where is the 46th District Court?

The court is located in the Southfield Municipal Complex at 26000 Evergreen Road in Southfield, Michigan. The court’s current information lists counter hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.

What county is the 46th District Court in?

The 46th District Court is in Oakland County, Michigan.

What communities does the 46th District Court serve?

It serves Southfield, Lathrup Village, Beverly Hills, Franklin, Bingham Farms and Southfield Township.

Does the 46th District Court handle misdemeanor cases?

Yes. The court has jurisdiction over criminal misdemeanors where the authorized punishment does not exceed one year.

Does the 46th District Court handle felony cases?

Felony cases begin in district court. The 46th District Court handles proceedings including arraignment and preliminary examination before a qualifying felony case may proceed to circuit court.

What happens at arraignment?

The defendant is advised of the charge, and issues such as bond and future proceedings may be addressed.

Can bond conditions include alcohol or drug testing?

Depending on the case and court order, conditions of release may include testing or other restrictions.

Always follow the written bond order.

What happens if I violate bond?

A bond violation can potentially result in modified conditions, increased bond, revocation of bond or other court action.

Can my criminal charge be dismissed?

Potentially.

Dismissal depends on the evidence, legal issues and circumstances of the individual case.

Can charges be reduced?

Some cases result in negotiated reductions, but no reduction is automatic.

Can surveillance footage help my case?

Yes.

Video may corroborate or contradict witness testimony and police reports.

Can police search my phone?

Police access to digital information can raise Fourth Amendment and warrant issues.

The legality depends on the circumstances.

Can police search my vehicle?

Vehicle searches are governed by constitutional and statutory rules.

Whether a particular search was lawful depends on the facts.

What if I gave police consent to search?

The defense may still examine whether consent was actually voluntary and whether officers remained within its lawful scope.

What if a witness changes their story?

Inconsistencies in witness accounts may become important when evaluating credibility.

Should I contact the alleged victim?

Not if a bond or court order prohibits contact.

Even if the other person initiates communication, the court order still controls.

Should I talk to police after being charged?

Statements can become evidence.

A person facing criminal allegations should consider obtaining legal advice before discussing the facts of the case further.

What if I missed court?

A missed court date should be addressed promptly, particularly if a warrant has been issued.

Can an attorney help with an outstanding warrant?

Yes.

The appropriate procedure depends on the charge, court history and circumstances surrounding the warrant.

What happens after a felony is bound over?

The case generally proceeds to the Oakland County Circuit Court for subsequent felony proceedings.

How soon should I hire an attorney?

Early representation can help preserve evidence, identify witnesses, address bond issues and begin developing a defense before opportunities are lost.


Speak With a Southfield Criminal Defense Lawyer

If you have been arrested or charged with a crime arising in Southfield, Lathrup Village, Beverly Hills, Franklin, Bingham Farms or Southfield Township, the case may be handled in the 46th District Court in Southfield.

Do not assume the police report tells the entire story.

A proper criminal-defense review should ask:

What does the prosecution have to prove?

What does the video show?

Are the witnesses reliable?

Was the search lawful?

Were statements legally obtained?

Was evidence properly preserved?

Are there grounds to suppress evidence?

Can the prosecution prove every element beyond a reasonable doubt?

Fraiberg & Pernie represents clients facing misdemeanor and felony criminal charges throughout Oakland County.

For a confidential consultation concerning a case in the 46th District Court, call Fraiberg & Pernie at (248) 986-2682.

Protect your record. Protect your career. Protect your freedom. Protect your future.

 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 Fraiberg

Attorney Reviewed and Updated August, 2026

Michigan Criminal Defense Attorney
29+ 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.

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