FRAIBERG & PERNIE
If you were arrested, charged with a crime, served with a warrant, contacted by detectives, or believe you are under investigation in Wayne County, the first question is not simply:
“What am I charged with?”
You also need to know:
What court has the case?
Is the charge a misdemeanor or felony?
What bond conditions already apply?
What evidence exists?
Are there important deadlines?
Could the charge affect your job, license, driving privileges, or professional reputation?
Wayne County contains numerous district courts. The court handling the early stages of the case generally depends on where the alleged offense occurred. Misdemeanor cases usually remain in the local district court, while felony cases begin in district court and may later be transferred to the Wayne County Third Circuit Court Criminal Division.
A criminal charge is serious.
It is still an allegation—not a conviction.
The defense should begin by determining what the prosecution can actually prove.
Fraiberg & Pernie represents individuals facing misdemeanor and felony criminal charges throughout Wayne County and Southeast Michigan.
Call (248) 986-2682 for a confidential consultation.
Law Firm: Fraiberg & Pernie Criminal Defense Attorneys
Attorney: Matthew Fraiberg
Region: Wayne County, Michigan
Practice Area: Criminal Defense
Cases Handled: Felonies, misdemeanors, OWI/DUI, domestic violence, assault, drug crimes, theft, fraud, probation violations and criminal investigations
Primary Concerns: Freedom, bond, evidence, criminal record, employment, professional licensing, driver’s license and reputation
Felony Court: Wayne County Third Circuit Court – Criminal Division after district-court proceedings when the case is bound over
This is one of the most important questions to answer after an arrest.
Wayne County does not have one district court handling every criminal case.
Cases generally begin in the district or municipal court with jurisdiction over the place where the alleged offense occurred. Wayne County prosecutors appear in the 36th District Court in Detroit as well as district and municipal courts throughout the county.
That means:
A Livonia criminal case may begin in the 16th District Court.
A Westland case may begin in the 18th District Court.
A Plymouth or Canton matter may begin in the 35th District Court.
A Romulus case may begin in the 34th District Court.
A Detroit case follows the Detroit court structure.
The location matters because the first stage of the defense occurs in that court.
A misdemeanor generally remains in the district court handling the case.
Proceedings may include:
Arraignment
Bond
Discovery
Pretrial conferences
Motion hearings
Negotiations
Trial
Sentencing if there is a conviction
For example, Livonia’s 16th District Court has jurisdiction over state-law misdemeanors and also conducts preliminary examinations in felony matters.
Westland’s 18th District Court similarly handles misdemeanor and felony cases arising within Westland and provides probation services.
Felony cases usually begin in district court but do not necessarily remain there.
Early felony proceedings may include:
Arraignment
Bond
Probable-cause conference
Preliminary examination
At a preliminary examination, the district judge determines whether sufficient probable cause exists for the case to proceed. If the case is bound over, it moves to the Wayne County Third Circuit Court Criminal Division.
The Wayne County Third Circuit Court Criminal Division now operates from the:
Wayne County Criminal Justice Center
5301 Russell Street
Detroit, Michigan 48211
The Criminal Division handles felony cases bound over from Wayne County district courts as well as district-court criminal appeals.
This is an important update.
Older websites and court references may still refer to Frank Murphy Hall of Justice, but the Third Circuit Criminal Division moved to the Wayne County Criminal Justice Center beginning in September 2024.
The first few days often feel confusing because several things may happen at once.
Depending on the case, you may be dealing with:
Release from custody
Arraignment
Bond
No-contact conditions
Travel restrictions
Alcohol or drug testing
Driver’s-license questions
Employment concerns
Court scheduling
Calls from detectives or investigators
At the same time, evidence is beginning to take shape.
That may include:
Police reports
Body-camera recordings
Dash-camera video
Witness statements
Surveillance recordings
Photographs
Text messages
Phone data
Laboratory testing
Medical records
Search-warrant evidence
The first objective is not to panic.
It is to understand what has happened and preserve information that may later matter.
Not every important piece of evidence comes from the police.
Depending on the case, valuable information may include:
Business surveillance footage
Residential security cameras
Doorbell-camera footage
Text messages
Emails
Photographs
Receipts
GPS information
Phone records
Social-media communications
Witness contact information
Vehicle data
Medical documentation
Video can be overwritten.
Witness memories can fade.
Digital records may become harder to retrieve.
Preserving evidence early can therefore be one of the most useful things done during the beginning of a criminal case.
Not every Wayne County criminal case begins with an arrest.
Sometimes it begins with a phone call.
A detective may say:
“We just want your side.”
“We need to clear something up.”
“You’re not under arrest.”
“Can you come in and talk?”
That does not necessarily mean the situation is minor.
Wayne County’s Warrant Section reviews police requests for criminal charges and may issue a warrant, return a matter for additional investigation, or decline a warrant request. Prosecutors review police reports, witness statements, and other evidence when deciding whether charges should be authorized.
A conversation with investigators can become part of that evidence.
Before discussing the facts, understand why investigators are contacting you and what role they believe you have in the investigation.
Matthew Fraiberg is a Michigan criminal defense attorney and Managing Partner of Fraiberg & Pernie Criminal Defense Attorneys.
He has practiced criminal law since 1997.
His professional background includes:
Former City Prosecutor
Former Judicial Clerk
More than 28 years of criminal-defense experience
Extensive representation in Southeast Michigan district and circuit courts
His approach begins with a straightforward question:
A police report describes the government’s version of events.
It should not automatically become the defense’s version.
A complete review may require comparing:
Police reports
Video
Witness accounts
Digital evidence
Scientific testing
Search warrants
Physical evidence
Constitutional requirements
Sometimes those pieces fit together.
Sometimes they do not.
That is where the defense analysis begins.
What exactly must the prosecution prove?
A felony assault case requires a different analysis from a drug-possession case.
A domestic-violence allegation presents different issues from an embezzlement investigation.
The defense begins with the legal elements of the actual charge.
Important evidence may include:
Reports
Video
Witness statements
Digital communications
Laboratory reports
Financial records
Search warrants
Medical information
Surveillance recordings
Questions may include:
Was the stop lawful?
Was the detention lawful?
Was there probable cause?
Was a search justified?
Was a warrant valid?
Were statements obtained lawfully?
Was evidence properly collected?
Do witness accounts match?
Does the police report match the video?
Does physical evidence support the allegation?
Does the timeline make sense?
For one person, the most important concern may be jail.
For another, it may be:
Employment
A medical license
A nursing license
Commercial driving
Immigration
Security clearance
Firearm rights
College
Reputation
Family
Those concerns should be identified before major decisions are made.
Representation may involve:
First-offense OWI
High BAC / Super Drunk
Repeat OWI
Felony OWI
Drugged driving
Implied Consent matters
Driver’s-license consequences
These cases may involve:
Conflicting accounts
Body-camera footage
No-contact conditions
Witness credibility
Family consequences
Deferred-disposition possibilities when legally available
Representation may involve:
Assault and battery
Aggravated assault
Felonious assault
Self-defense claims
Weapons allegations
Issues may include:
Possession
Delivery allegations
Search warrants
Vehicle searches
Constructive possession
Laboratory testing
Cases may include:
Retail fraud
Larceny
Embezzlement
Identity theft
Fraud
Financial investigations
Allegations may involve:
Missed appointments
Failed tests
New criminal charges
Failure to complete treatment
Technical violations
Fraiberg & Pernie also handles criminal investigations, warrants, resisting and obstructing allegations, reckless driving, suspended-license cases, and other criminal matters.
The 16th District Court handles City of Livonia ordinance violations, Michigan misdemeanors, and preliminary examinations in felony cases.
The 18th District Court serves Westland and handles misdemeanor and felony matters arising within the city, along with probation services.
Wayne County prosecutors maintain extensive district-court operations involving Detroit’s 36th District Court, including misdemeanor, traffic, and felony-related proceedings.
Felony matters bound over from Wayne County district courts proceed to the Third Circuit Criminal Division at the Wayne County Criminal Justice Center.
Fraiberg & Pernie also represents individuals in other Wayne County district courts, including courts serving Romulus, Canton, Plymouth, Dearborn, Dearborn Heights, Taylor, Inkster, Garden City, Downriver communities, and surrounding areas.
Arraignment is usually the first formal court appearance.
The judge or magistrate may:
Advise you of the charge
Explain legal rights
Address bond
Impose conditions
Schedule future proceedings
Wayne County’s Prosecutor’s Office explains that both misdemeanor and felony defendants generally appear before a district or municipal judge or magistrate after arrest and authorization of charges, with bond and future proceedings addressed at arraignment.
This is not usually the time to try the entire case.
It is the beginning of the process.
Depending on the allegations, bond conditions may involve:
No new criminal activity
No-contact orders
Alcohol restrictions
Drug restrictions
Testing
GPS monitoring
Travel restrictions
Reporting requirements
Pretrial supervision
For Third Circuit felony matters, Wayne County Pretrial Services may monitor compliance with conditions imposed by the judge. The court states that bond conditions may be modified only by the judge and that violations can result in revocation and an arrest warrant.
The written order controls.
Do not assume work, travel, family obligations, or convenience automatically create an exception.
A bond violation can create an entirely separate problem.
Potential consequences may include:
Additional restrictions
More intensive supervision
Bond modification
Revocation of release
A warrant
Custody
Third Circuit’s Pretrial Services specifically advises that a bond can be revoked following a violation and that a warrant may then issue.
A legitimate problem should be documented and addressed promptly.
Sometimes.
Potential leverage may arise from:
Evidentiary weaknesses
Conflicting witnesses
Constitutional problems
Search issues
Weak intent evidence
Problems proving possession
Video inconsistent with allegations
Scientific-testing issues
Mitigation
Individual circumstances
No reduction is automatic.
The question is whether the evidence and law provide a legitimate basis for a different resolution.
Sometimes.
A dismissal may occur when the evidence or law does not support continued prosecution.
Potential issues may include:
Insufficient evidence
Unlawful searches
Suppressed evidence
Unreliable witnesses
Constitutional violations
Inability to prove an element of the offense
Not every weak case is dismissed.
Not every strong-looking case remains strong after discovery is reviewed.
That is why the evidence matters.
Not necessarily.
The answer depends upon:
The charge
Prior criminal history
Facts of the case
Whether anyone was injured
Bond compliance
Available defenses
Negotiated resolution
Sentencing considerations
Possible outcomes may include:
Dismissal
Reduction
Diversion or deferral when legally available
Probation
Fines and costs
Treatment
Community service
Jail
Prison in serious felony cases
No responsible lawyer should predict the outcome without first understanding the case.
Yes.
For many people, employment is one of the most serious concerns.
Potential issues may involve:
Employer disclosure policies
Background checks
Company vehicles
Professional credentials
Security clearances
Travel
Licensing boards
Government employment
A pending charge and a conviction are not always treated the same way.
Employment concerns should be identified before resolving the criminal case.
Potentially.
This may be particularly important for:
Physicians
Nurses
Attorneys
Pharmacists
Teachers
Accountants
Financial professionals
Real-estate professionals
Commercial drivers
Other licensed occupations
The criminal court is not the only institution that may matter.
A licensing board or employer may have separate rules.
Potentially.
The answer depends upon:
The offense
Whether the charge is pending or resolved
Bond conditions
Whether a personal protection or no-contact order exists
State and federal law
Do not assume firearm rights are unchanged without reviewing the specific circumstances.
Statements can become evidence.
A defensible original charge can become much more difficult after a bond violation.
Good intentions do not override a court order.
Screenshots last longer than posts.
Preserve potentially relevant evidence.
A missed hearing may create a warrant or bond problem.
Video disappears. Memories fade. Deadlines pass.
Fraiberg & Pernie represents clients throughout Wayne County, including:
Detroit
Livonia
Dearborn
Dearborn Heights
Westland
Taylor
Canton
Plymouth
Romulus
Redford
Inkster
Wayne
Allen Park
Lincoln Park
Southgate
Wyandotte
Garden City
Trenton
Other surrounding Wayne County communities
The court handling the case depends upon where the alleged offense occurred and the nature of the charge.
Usually the district or municipal court with jurisdiction over the location where the alleged offense occurred handles the initial proceedings. Felony matters may later proceed to the Wayne County Third Circuit Court Criminal Division.
The Third Circuit Criminal Division is currently housed at the Wayne County Criminal Justice Center, 5301 Russell Street in Detroit.
No. The Third Circuit Criminal Division relocated to the Wayne County Criminal Justice Center beginning in September 2024.
Yes. Criminal charges can be authorized following an investigation and warrant review. Wayne County prosecutors may issue a warrant, return a case for additional investigation, or deny a request for charges.
In a felony case, the district judge determines whether probable cause exists to believe a crime was committed and that the defendant committed it. If the required showing is made, the case may be bound over to circuit court.
Potentially. In Third Circuit cases, the judge has authority to modify bond conditions.
Bond may be modified or revoked, and a warrant may issue depending upon the circumstances.
Sometimes, depending upon the evidence, law and individual circumstances.
Sometimes, particularly when evidentiary, legal, procedural or constitutional problems affect the prosecution’s ability to prove the charge.
Before discussing the allegations, understand why investigators want to speak with you and how your statements could affect the investigation.
Yes. Pre-charge representation may involve evaluating the investigation, preserving evidence, addressing law-enforcement contact, and helping the client understand the process before a charging decision occurs.
There is no single timeline. Misdemeanor cases and felony cases follow different procedures, and the amount of evidence, motion practice, negotiations, witness issues and court scheduling can all affect how long the case lasts.
Fraiberg & Pernie approaches Wayne County criminal cases with an emphasis on:
Early intervention
Evidence preservation
Detailed discovery review
Constitutional analysis
Court-specific preparation
Strategic negotiation
Motion practice
Trial readiness
Protection of employment and licensing interests
Long-term planning
Matthew A. Fraiberg brings the perspective of a former prosecutor and former judicial clerk.
Eric L. Pernie’s prior law-enforcement experience provides an additional perspective when reviewing police procedure, investigations, arrests, reports, and evidence collection.
Different cases require different strategies.
The strategy should follow the evidence.
If you were arrested, charged, contacted by detectives, served with a warrant, or believe you are under criminal investigation anywhere in Wayne County, do not assume the case begins at the first scheduled court hearing.
Important decisions may already be occurring.
Determine:
Which court has jurisdiction
Whether the case is a misdemeanor or felony
What bond conditions apply
What evidence should be preserved
Whether police want additional statements
Whether employment or professional licensing is at risk
What deadlines need immediate attention
Then build the defense around what the evidence actually proves.
Call Fraiberg & Pernie at (248) 986-2682 for a confidential consultation.
This page provides general educational information about Michigan criminal proceedings and does not create an attorney-client relationship. Every case depends upon its own facts, evidence, law, court, and circumstances. Past results do not guarantee future outcomes.
Call 248-986-2682 today for a confidential consultation.
Matthew Fraiberg
Wayne County Criminal Defense Lawyer | Detroit Criminal Defense Attorney | Michigan Defense Lawyer
Fraiberg & Pernie
Wayne County Criminal Defense Attorneys | Michigan Criminal Defense Law Firm
Call (248) 986-2682 today.
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Written by Matthew 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; 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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Wayne County criminal defense lawyers help clients facing DUI, OWI, felony, and misdemeanor charges throughout Detroit and surrounding communities. If you are searching for a criminal defense attorney in Wayne County Michigan, fast legal help can make a major difference in the result.
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