FRAIBERG & PERNIE

Michigan OWI | DUI Law Guide

 
 

Michigan Criminal Defense Lawyer | Felony, Misdemeanor and OWI Defense

Quick Answer: What Should You Do After Being Charged With a Crime in Michigan?

If you have been arrested, charged with a crime, contacted by law enforcement, served with a warrant or learned that you are under criminal investigation, protect yourself by remaining silent, preserving potential evidence, following all bond and court conditions and speaking with a criminal-defense attorney promptly.

A criminal charge is an allegation—not a conviction. The prosecution must prove every required element of the offense. Early preparation may help preserve evidence, prevent avoidable mistakes and identify defenses before important opportunities are lost.

Call 248-986-2682 to request a confidential consultation with Fraiberg & Pernie.


Michigan Criminal Defense at a Glance

Category Information
Law Firm Fraiberg & Pernie
Attorneys Matthew Fraiberg and Eric L. Pernie
Attorney Background Former city prosecutor, former judicial clerk and former police officer
Practice Focus Criminal defense, OWI and DUI, felony and misdemeanor charges, domestic violence, assault, drug crimes, theft, probation violations, warrants and criminal traffic offenses
Office Locations Birmingham and Oak Park, Michigan
Primary Service Area Oakland, Wayne and Macomb Counties, with representation in other Michigan courts depending on the matter
Phone 248-986-2682

Michigan Criminal Defense Attorneys

Fraiberg & Pernie represents people accused of criminal and serious driving offenses throughout Southeast Michigan. The firm examines what happened, what the government can prove, whether the investigation was lawful and how the allegations may affect the client beyond the courtroom.

No two cases are identical. The appropriate defense depends on the charge, available evidence, court, prior record and individual circumstances.

Matthew Fraiberg

Matthew Fraiberg is the managing partner of Fraiberg & Pernie. Licensed in Michigan since 1997, he has more than 29 years of legal experience.

His professional background includes service as:

  • A former city prosecutor

  • A former judicial clerk

  • A former assistant legal research clerk working with Oakland County Circuit Court judges

Matthew has handled thousands of criminal, OWI, DUI and driver’s-license matters. His approach begins with a basic question:

“What does the evidence actually prove?”

Eric L. Pernie

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

His law-enforcement experience provides practical insight into traffic stops, arrests, police reports, search-and-seizure issues, body-camera evidence, field-sobriety procedures and evidence collection.

Together, Matthew and Eric bring former-prosecutor, judicial and law-enforcement experience to the defense of people accused of crimes in Michigan.


Criminal Charges We Defend

OWI and DUI Charges

Fraiberg & Pernie represents clients charged under Michigan’s operating-while-intoxicated law, MCL 257.625, including:

Felony and Misdemeanor Charges

The firm handles matters involving assault, domestic violence, drug offenses, weapons allegations, theft, retail fraud, property crimes, probation violations and criminal traffic offenses.

Learn more about Michigan felony defense and Michigan misdemeanor defense.

Drug Crimes

Drug cases may involve possession, delivery, prescription-related offenses, controlled-substance allegations or drugged driving.

Learn more about Michigan drug-crime defense.

Probation Violations

Probation-violation allegations may involve positive or missed tests, failure to report, new criminal allegations, no-contact violations, unauthorized travel or failure to complete a required program.

Learn more about Michigan probation-violation defense.


How Michigan Criminal Cases Commonly Begin

A criminal case may begin with:

An Arrest

Police may make an arrest after a traffic stop, investigation or reported incident.

A Warrant

A prosecutor may authorize charges and request a warrant before the accused person is taken into custody.

A Police Investigation

Detectives may collect statements, digital records, video or physical evidence before seeking charges.

A Complaint From Another Person

This commonly occurs in domestic-violence, assault, theft and property cases.

A Traffic Stop

Traffic stops may lead to allegations involving OWI, controlled substances, weapons, warrants or suspended driving privileges.

How a case begins may affect the evidence available and the legal issues that should be investigated.


The Fraiberg & Pernie Defense Process

1. Evidence Analysis

Depending on the case, the attorneys may examine:

  • Police reports

  • Body-camera and dash-camera recordings

  • Witness statements

  • Photographs and video

  • Text messages and digital evidence

  • Physical evidence

  • Laboratory and testing records

The accusation is only the starting point. The evidence must be examined independently.

2. Constitutional Analysis

Important questions may include:

  • Was the stop supported by lawful grounds?

  • Was the search constitutional?

  • Was the arrest supported by probable cause?

  • Were statements obtained lawfully?

  • Was a warrant valid and properly executed?

  • Were the accused person’s constitutional rights respected?

3. Consequence Analysis

Potential consequences may include jail or prison, probation, fines, driver’s-license sanctions, firearm restrictions, immigration consequences, professional-licensing issues and employment consequences.

4. Defense Strategy

A defense may involve challenging the evidence, investigating witness credibility, examining police procedure, contesting scientific evidence, filing appropriate motions, negotiating with the prosecution or preparing for trial.

5. Court Preparation

Clients should understand what will happen, what is expected of them and what decisions may need to be made. Careful preparation matters whether a case is resolved through dismissal, negotiation, a statutory program or trial.


What Happens After Criminal Charges Are Filed?

Arraignment

At arraignment, the court advises the accused person of the charge and addresses bond. Conditions may include testing, travel restrictions, no-contact provisions, GPS monitoring or other requirements.

Pretrial Proceedings

The defense obtains and analyzes available discovery, investigates relevant facts, evaluates defenses and discusses possible resolutions.

Motions

When supported by the facts and law, the defense may challenge stops, searches, statements, warrants, identification procedures, scientific evidence or other evidence offered by the prosecution.

Resolution or Trial

Depending on the case, possible resolutions may include dismissal, charge reduction, a diversion or deferral program, a negotiated plea or trial. No outcome can be promised, and each case must be assessed individually.

For general information about Michigan courts and court procedure, visit the Michigan Judicial Branch.


Can Michigan Criminal Charges Be Reduced or Dismissed?

Sometimes. A reduction or dismissal may become possible when the evidence, law or circumstances support it.

Relevant issues may include:

  • Insufficient evidence

  • An unlawful search or seizure

  • Improperly obtained statements

  • Problems with witness credibility

  • Missing or inconsistent evidence

  • Defects in scientific testing

  • Eligibility for a diversion or deferred-sentencing program

Every case is different. Prior outcomes do not guarantee what will happen in another matter. Review selected Michigan criminal-defense case results for examples of matters handled by the firm.


Consequences Beyond the Courtroom

A criminal case may affect more than the sentence imposed by a judge. Possible collateral consequences include:

  • Employment difficulties

  • Professional-licensing concerns

  • Housing problems

  • Security-clearance issues

  • Immigration consequences

  • Educational limitations

  • Firearm restrictions

  • Driver’s-license sanctions

  • Damage to a person’s reputation

The defense strategy should account for the client’s priorities and long-term concerns whenever possible.


Courts Frequently Served

Fraiberg & Pernie regularly handles matters in district and circuit courts throughout Southeast Michigan, including:

Oakland County

  • 43rd District Court — Ferndale

  • 44th District Court — Royal Oak and Berkley

  • 46th District Court — Southfield

  • 47th District Court — Farmington Hills

  • 48th District Court — Bloomfield Hills

  • 50th District Court — Pontiac

  • 51st District Court — Waterford

  • 52-1 District Court — Novi

  • 52-2 District Court — Clarkston

  • 52-3 District Court — Rochester Hills

  • 52-4 District Court — Troy

  • Oakland County Circuit Court

Wayne County

  • 16th District Court — Livonia

  • 17th District Court — Redford

  • 18th District Court — Westland

  • 34th District Court — Romulus

  • 35th District Court — Plymouth, Canton and Northville

  • 36th District Court — Detroit

  • Wayne County Circuit Court

Macomb County

  • 37th District Court — Warren and Center Line

  • 39th District Court — Roseville and Fraser

  • 41A District Court

  • 41B District Court

  • Macomb County Circuit Court

Local procedure matters, but the defense must be based on the actual charge, evidence, judge, prosecutor and circumstances—not unsupported assumptions about a court.


Frequently Asked Questions

Should I Speak With the Police?

You generally have the right to remain silent and request an attorney. A person under investigation should consider obtaining legal advice before answering questions about the alleged offense.

Can Charges Be Dismissed Before Trial?

Yes, in some cases. Dismissal may result from insufficient evidence, a successful legal challenge, witness problems or another issue. No dismissal can be guaranteed.

Will I Go to Jail?

Not necessarily. Possible incarceration depends on the charge, facts, prior record, applicable law, court and outcome of the case.

What Happens During an Arraignment?

The court advises the accused person of the charge and addresses bond and release conditions.

What Happens If I Miss Court?

The court may issue a warrant or take other action. Contact your attorney and the court promptly rather than ignoring the missed appearance.

Can I Leave Michigan While My Case Is Pending?

That depends on the bond conditions imposed by the court. Review the written order and obtain legal advice before traveling.

How Long Does a Criminal Case Take?

The timeline depends on the charge, amount of evidence, motion practice, negotiations, court schedule and whether the case proceeds to trial.

When Should I Contact a Criminal-Defense Lawyer?

Prompt legal advice may help preserve evidence, address bond conditions and prevent avoidable mistakes. A person may consult an attorney before formal charges are issued.


Related Michigan Criminal Defense Resources


Why Clients Choose Fraiberg & Pernie

Clients choose Fraiberg & Pernie because the firm provides:

  • Former-prosecutor and former-police-officer perspectives

  • Evidence-focused defense preparation

  • Courtroom experience

  • Direct attorney communication

  • Plain-English explanations

  • Strategies tailored to the individual case

The objective is to protect the client’s rights and pursue the best available outcome based on the facts and law. No ethical attorney can guarantee a particular result.


Speak With a Michigan Criminal Defense Attorney

If you have been arrested, charged with a crime, contacted by investigators or learned that you are under investigation, Fraiberg & Pernie can help you understand the allegations, court process and available options.

The firm serves clients through offices in Birmingham and Oak Park, Michigan, with a primary focus on Oakland, Wayne and Macomb Counties.

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

Written and reviewed by: Matthew Fraiberg
Michigan criminal-defense and OWI attorney
Licensed in Michigan since 1997
Former city prosecutor and former judicial clerk

Last reviewed: September 2026

Disclaimer: This page is for informational purposes only 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.

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