Criminal Defense

Criminal Defense Attorney in Birmingham, Michigan

Former prosecutor. Ten years on the other side of the courtroom. Now defending clients facing OWI, assault, drug charges, and felonies across Oakland County.

Call (248) 712-1462

Former Prosecutor

10 years as a city prosecutor before switching to defense.

Birmingham Office

370 E. Maple Road, 3rd Floor, in the heart of downtown.

24/7 Availability

Criminal matters do not wait for business hours. Neither do we.

Why Dizik | Kaplan

Why Choose Us

Michigan ranks 9th nationally in DUI arrests, with roughly 36,210 per year. Oakland County alone recorded over 4,500 OWI arrests in recent Michigan State Police audits. If you are facing criminal charges in this county, who represents you will directly affect the outcome.

Prosecution Experience

Josh Kaplan spent a decade as a city prosecutor before joining the defense side. That means he knows how prosecutors build their cases, where the pressure points are, and what it takes to create reasonable doubt. When your attorney has sat in the prosecutor's chair, there are no surprises about how the other side thinks.

Local Court Knowledge

Oakland County has over a dozen district courts, each with its own judges, prosecutors, and procedural tendencies. Whether your case is in 48th District Court in Bloomfield Hills, 52-4 District Court in Troy, or 43rd District Court in Ferndale, we know the courtroom you will be standing in. That familiarity translates directly into better preparation and more realistic advice about what to expect.

Direct Attorney Access

You will work directly with Josh Kaplan from your first call through resolution. Criminal cases move fast, and decisions made in the first 48 hours often shape the entire trajectory. You will not be handed off to a junior associate or left waiting for a callback.

Practice Areas

What We Defend

OWI/DUI Defense

First offense, second offense, super drunk (high BAC), and drugged driving charges. We challenge traffic stops, field sobriety tests, breathalyzer calibration, and blood draw procedures. A first OWI conviction in Michigan carries up to 93 days in jail, a 180-day license suspension, and fines up to $500. The consequences escalate sharply from there. Read more in our guide to OWI first offense penalties in Michigan.

Assault & Violent Crimes

Simple assault, aggravated assault, assault with a dangerous weapon, and felonious assault. These charges often arise from situations that are more complicated than the police report suggests. We investigate the full context and build the defense the facts support. For an overview of what you may be facing, see assault charges in Michigan.

Drug Charges

Possession, possession with intent to deliver, manufacturing, and drug conspiracy. Michigan drug penalties vary widely depending on the substance and quantity involved. Diversion programs, such as MCL 333.7411 deferrals, may be available for first-time offenders and can result in charges being dismissed upon successful completion. Learn more about drug charges in Michigan.

Domestic Violence Defense

Domestic assault charges carry consequences beyond the criminal penalties, including no-contact orders, custody implications, and firearm restrictions under federal law. We handle the criminal case while keeping the broader picture in focus. See our breakdown of domestic violence charges in Michigan.

Expungements

Michigan's Clean Slate Act opened expungement eligibility to millions of residents. Over 5 million conviction records have already been sealed. We handle applications to set aside felony and misdemeanor convictions, helping clients move past their record. For eligibility details, read our guide to expungement in Michigan.

Driver's License Restoration

If your license has been revoked due to multiple alcohol or drug-related offenses, we handle contested case hearings before the Michigan Secretary of State's Office of Hearings and Administrative Oversight. Restoration requires demonstrating sobriety and a changed lifestyle, supported by proper documentation and credible testimony.

The Process

The Oakland County Criminal Process

Criminal cases in Oakland County follow a defined path, though the specifics depend on whether you are charged with a misdemeanor or a felony.

Arraignment. Your first court appearance. The judge reads the charges, sets bail or bond conditions, and establishes a schedule. For misdemeanors, this typically happens in the district court where the offense occurred. For felonies, arraignment begins in district court before the case moves to Oakland County Circuit Court in Pontiac.

Preliminary Examination (Felonies). Within 14 days of arraignment, the prosecution must show probable cause that a crime was committed and that you committed it. This hearing is one of the most important stages in a felony case. It is our first opportunity to cross-examine the state's witnesses under oath and to challenge whether the evidence supports the charges.

Pretrial Proceedings. After a case is bound over to Circuit Court (or proceeding in district court for misdemeanors), the case enters a period of motions, discovery, and negotiation. This is where suppression motions, challenges to evidence, and plea discussions take place.

Trial. If the case does not resolve through negotiation, it proceeds to a jury trial (or bench trial by agreement). Every case we handle is prepared with the possibility of trial in mind, because that preparation is what produces the best results at every earlier stage.

Sentencing. If there is a conviction, we advocate for the most favorable sentence available, including alternatives to incarceration where appropriate. Michigan's sentencing guidelines provide a framework, but the judge has discretion, and effective advocacy at sentencing can make a substantial difference.

FAQs

Frequently Asked Questions

What should I do if I am arrested in Birmingham or Oakland County?

Exercise your right to remain silent and request an attorney immediately. Do not answer questions, consent to searches, or make any statements to police before speaking with a lawyer. Call our office as soon as possible. We are available 24/7 for urgent criminal matters.

How is OWI different from DUI in Michigan?

Michigan uses the term Operating While Intoxicated (OWI) rather than DUI. The legal framework is the same: it covers driving with a BAC of 0.08% or higher, or while impaired by alcohol or drugs. Michigan also has a lesser charge, Operating While Visually Impaired (OWVI), which may be available as a plea reduction in certain cases. We explain this further in our OWI first offense guide.

Can I get my criminal record expunged in Michigan?

Michigan's Clean Slate Act significantly expanded expungement eligibility. Many felony and misdemeanor convictions can now be set aside, and some offenses are automatically expunged after a waiting period. Eligibility depends on the type of offense and your overall record. See our expungement guide for details.

What happens at an arraignment in Oakland County?

The arraignment is your first court appearance after being charged. The judge will read the charges, set bail or bond conditions, and schedule future court dates. Having an attorney present at arraignment is critical. It is often your best opportunity to argue for reasonable bond terms and avoid unnecessary pretrial restrictions.

Do you handle felony cases in Oakland County Circuit Court?

Yes. We handle felony cases at every stage, from the initial district court arraignment through the preliminary examination, Circuit Court proceedings, trial, and sentencing. Josh Kaplan has tried felony cases in Oakland County Circuit Court and district courts throughout the county.

Talk to a Birmingham Criminal Defense Attorney

If you are facing criminal charges, have been arrested, or believe charges may be coming, the most important step you can take right now is a direct conversation with an attorney who handles these cases daily. Call the firm or request a consultation below.

Call (248) 712-1462

Consultations are confidential. Available 24/7 for urgent matters.