Understanding the Lifecycle of a Criminal Case with Attorney David Drwencke
Do most criminal cases follow a standard process?
Attorney David Drwencke explained that while every case is unique, most criminal cases follow a similar lifecycle regardless of the charge. From misdemeanors to the most serious felonies, there is a typical path that begins with investigation and extends through trial.
What role does law enforcement play in the early stages of a criminal case?
David Drwencke noted that law enforcement involvement depends on the circumstances of the alleged crime. In cases such as a traffic stop where an officer personally observes an offense, the process can move quickly, with the officer making an immediate arrest. In more serious cases, such as homicide investigations, detectives may spend weeks, months, or even years gathering evidence, interviewing witnesses, and issuing subpoenas before charges are filed.
How should law enforcement investigations be conducted?
From a defense perspective, David Drwencke emphasized that law enforcement’s duty is to conduct thorough and open-minded investigations. Officers and detectives should collect all available evidence—both favorable and unfavorable—before reaching conclusions. However, he expressed frustration that in reality, investigations sometimes focus narrowly on a single suspect. When police operate with “blinders,” evidence that could help the defense may be overlooked or lost, including surveillance footage or witness testimony.
Are portrayals of police investigations in TV and movies accurate?
According to David Drwencke, there are cases where law enforcement seems intent on closing cases quickly, which mirrors portrayals in popular media. When police are given a suspect, they sometimes focus only on evidence that confirms their theory, rather than exploring all possibilities. This can unfairly burden defendants, who must fight charges built on incomplete investigations. However, he also acknowledged that in cases without clear suspects, law enforcement is often far more thorough, following every lead and reviewing every detail to build their case.
How do heavy caseloads impact criminal investigations in Cook County?
David Drwencke explained that in Cook County, law enforcement and prosecutors face overwhelming caseloads. While this does not excuse shortcuts or incomplete investigations, he acknowledged that limited resources and time pressures sometimes lead to mistakes. In some cases, a lack of thoroughness can inadvertently benefit the defense, as it provides opportunities to challenge weaknesses in the prosecution’s case.
What advice does David Drwencke give to clients under investigation but not yet charged?
David Drwencke highlighted that this stage is often the most frightening for clients due to the uncertainty involved. He advised that anyone contacted by law enforcement should immediately seek legal counsel and avoid speaking to investigators without an attorney present. Attorneys act as buffers between clients and law enforcement, ensuring that clients’ rights are protected and preventing them from unintentionally providing information that could harm their case.
Why is having a defense attorney early in the process critical?
Having an attorney involved from the beginning provides clients with reassurance and strategic protection. David Drwencke explained that once law enforcement knows a person is represented, direct contact must stop, and all communication must go through the attorney. This safeguard prevents clients from being pressured or misled and ensures that the defense can begin investigating the facts alongside the prosecution.
How does the presumption of innocence work in early stages of a case?
David Drwencke explained that the presumption of innocence is often misunderstood. At the start of a case, the burden on the state is extremely low. Prosecutors only need to show “probable cause” that a crime occurred and that the defendant may have been involved. This low threshold allows cases to move forward based on limited evidence, even just an accusation. However, he emphasized that the burden shifts dramatically at trial, where the state must prove guilt “beyond a reasonable doubt”—the highest legal standard in the justice system.
What is the difference between a preliminary hearing and a grand jury?
David Drwencke noted that prosecutors in felony cases may proceed through a preliminary hearing or present the case to a grand jury. A preliminary hearing is held in front of a judge with live testimony, while a grand jury is conducted privately with only prosecutors, witnesses, and community members present. Defense attorneys and defendants are not involved in the grand jury process. Both avenues serve the same purpose: establishing probable cause to move the case forward.
Who decides whether charges are filed?
David Drwencke explained that while law enforcement gathers evidence, prosecutors ultimately decide whether to file charges. In Cook County, felony review attorneys evaluate police investigations and determine whether charges should proceed. In some cases, prosecutors decline charges due to insufficient evidence, though such outcomes are rare. More commonly, prosecutors either request additional investigation or approve charges based on the evidence provided.
What happens at an arraignment?
According to David Drwencke, an arraignment is a formal proceeding where defendants are informed of the charges filed against them. Historically, judges would read each charge in detail, a process that could take hours for cases with dozens or even hundreds of counts. Today, arraignments are more streamlined. Defendants are provided with a copy of the charging documents, enter a not guilty plea, and request discovery. Judges also issue important warnings, including the requirement to appear at all future court dates and the possibility of trial proceeding without the defendant if they fail to appear.
How long do arraignments and early court proceedings typically take?
David Drwencke described modern arraignments as very brief, often lasting only a few minutes. Many clients are surprised by how routine and quick these hearings are compared to their expectations. He noted that status conferences and discovery hearings that follow arraignment are often even shorter, though they play an important role in keeping the case moving through the system.
