Legal Question in Criminal Law in Virginia

defense attorney turns prosecutor after prelim, but before final...
my lawyer who has an excellent relationship with most of the prosec. office, didnt know my prosec. so well. That tied with the fact that i admitted guilt to the arresting officer lead to us not getting the charge changed to what we wanted [which would result in a 251]. instead, an agreement was drafted to have the the prosec recommend first offender program, which would eventually result in a misdy charge - after completion, rather than a felony. now, a month or so before my fin court date, i get a call that my lawyer is going to work for the other side, the prosec office. eventho he is cool and i like him, is there not a possibility that he didnt pursue my case aggressively enuff, knowing he was trying/going to work soon for the other side? i just want to know if i can benefit from this situation in some way - by some conflict of interest? even if not intentionally, as he knew he wanted to work with the other guys at the time and....Please advise. Circuit court, where they actually decide the case, is Nov 27 and I am told I can pick a new counsel, or let the guy he picked to take over, take over.... any advice? Is there anything that can be done yet, or any seriously beneficial leverage avail to me as a result? what would u do?

Asked on 10/10/07, 4:12 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: defense attorney turns prosecutor after prelim, but before final...

Better you pick your new counsel than

your departing defense counsel whom you describe as "going to work for the other side" i.e., the prosecution, apparently.

Answered on 10/11/07, 10:53 pm

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