Legal Question in Criminal Law in Virginia
Civil Rights
Can the Commonweath charge a defedant with aggravated malicious wounding two months, if the autopsy stated the cause of death was gunshots to the chess and the defendant had been charged with first degree murder? Can additional DNA from this charge be used to indict the defendant? If the defendant had retained 2 attorneys, can the defendant be indicted and taken to court from the jail and denied his right to the counsel he retained and the public defenders office represent the defendant? If there is a witness that can place the defedant at the time of the alleged crime, does the attorney have the right to refused to sopena the witness becasue they could not reach the witness by phone? If the defendant wants to proceed with a trial, can the attorney do a continuous on the case without the approval of the defendant? Can the attorney refuse the defendant the right to a private DNA test if the defendant wants one and the right to expert testimony? What are the rights of the defendant? Does the defendant have grounds for a civil suit? What are the chances of the convition to be overturned? What responsibility does the state have to the defendant. e-mail: [email protected].
1 Answer from Attorneys
Re: Civil Rights
A request for a continuance at trial by the defense is normally done with the defendant's approval. The defendant has a right to insist on a private DNA test and that expert testimony resulting therefrom be presented at trial during his case-in-chief.
As regards the other questions, all of these should be addressed to the defense counsel representing the defendant. However, it's unlikely that the matter underlying the criminal charge against the defendant would provide the basis for a civil suit against the prosecutor[s]and governmental entity which brought the charge.
Also, the number of criminal convictions which are overturned on appeal in the Commonwealth is quite minimal.
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