Legal Question in Criminal Law in Virginia

Re: right to change attorneys

The only situation I can think of where a judge would restrict your decision to change attorneys would be if the judge believes you are only playing games to delay the proceedings. For example, at the last minute. Even then, though, most judges will bend over backwards to accomodate your choice of attorneys.

However, you absolutely have a right to an attorney, especially for a criminal case.

"Ineffective assistance of counsel" -- that is an attorney who did a really bad job of defending you -- can sometimes be grounds for APPEAL of a serious criminal conviction. Therefore, most judges will bend over backwards to make sure you cannot complain that you did not have a good legal defense. Just to make sure the case cannot be appealed, they will give you every opportunity to make sure you are happy with your attorney.

NOW, I don't know your situation. But a judge will not let the old attorney out of the case until the judge signs an order SUBSTITUTING the new attorney for the old attorney. Is that your situation?

If you have Attorney A representing you, and you want to change to Attorney B, Attorney A continues to be your attorney until the judge enters an order CHANGING your official attorney "of record" in the court file.

Your decision to change to Attorney B is only a PLAN - an idea - until the judge signs an official order substituting Attorney B as your new attorney.

So you might be experiencing confusion because the judge has not yet entered an order changing your attorney.

However, your new attorney should certainly know how to do this. Your new attorney should have no problem at all submitting an order to the judge to officially change your attorney "of record" in the court's file. (It is easiest to do this by getting the signature of your old attorney. If he will not sign, then a hearing may be needed. But it should be no problem.)

Re: right to change attorneys

You certainly have the right to hire the attorney of your choice. Now if you don't like the way the attorney is representing you can hire someone else. You want to make certain whoever is representing you does so aggressively.