In this episode of Defending the Windy City, Chicago criminal defense attorney David Drwencke, founding partner of DRD Law, unpacks one of the most common tactics used by prosecutors: overcharging. David explains how prosecutors often stack charges beyond what the facts support in order to intimidate defendants into plea deals or create leverage in negotiations.

Drawing on years of courtroom experience, David outlines why overcharging happens, how it affects defendants facing serious felony charges in Illinois, and what defense attorneys can do to push back. He shares real-world examples, including a case where a client charged with attempted murder ultimately pled to a far lesser offense after strong advocacy and negotiation.

This episode is a must-listen for anyone facing criminal charges or supporting a loved one through the process. David provides clarity on what overcharging really looks like in practice, the role of judges, and why having a fearless defense attorney is critical to ensuring fairness when the state overreaches.

0:09 – 2:11 — Introduction to overcharging and why prosecutors use it as leverage.
2:12 – 5:12 — The difference between probable cause and proof beyond a reasonable doubt.
5:12 – 8:45 — Case example: breaking down an overcharged attempted murder.
8:45 – 12:36 — What clients and families should understand about top-level charges.
12:36 – 15:38 — Why defense reputation matters and how to pressure the state instead of the client.
Show Description

Prosecutors often charge defendants with the most serious crimes possible, not because the evidence supports it, but to create fear and leverage in negotiations. In this episode, criminal defense attorney David Drwencke explains how overcharging works in Cook County, what charges are most often inflated, and why it’s essential to have the right defense attorney to push back.

Drawing from real-life cases, David breaks down how prosecutors use aggravated charges like attempted murder or aggravated battery and why defendants shouldn’t assume their future will be determined by the initial charging document. Listeners will gain valuable insight into how strong advocacy, trial readiness, and strategic negotiation can counter prosecutorial overreach.