Legal Question in Criminal Law in Virginia
I need some help here.
Do I have the right to fire my court appointed lawyer. And hire my own counsel. Will the judge give me time to do so?
2 Answers from Attorneys
Re: I need some help here.
The careful answer to this question is: "it depends". You can always hire and bring whoever you'd like to represent you, the only question is whether the judge will postpone the case to allow you to get your new lawyer up to speed.
It depends on how much time you've wasted before it became obvious the court appointedf lawyer could not effectively represent you. You must be prepared to convince your judge that the problem with the lawyer being inadequate isn't your fault. If the court appointed lawyer gives reasonable advice and you just don't agree with it, the court may find you're reasonably prepared for trial. I remind you that the lawyer works for you. You can fire him and you can also tell him what to do. If it's legal, that is. Lastly, a good lawyer doesn't need all that long to prepare. Costs more though.
Good luck.
Re: I need some help here.
Yes, you have that right. Just go to the clerk's office(criminal division)of the court handling the matter and tell the clerk what you want.
If necessary, the judge will schedule a hearing on the matter and most likely grant your request.
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