Richmond, VA asked in Criminal Law for Virginia

Q: I feel that my fiance public defender doesn't want to fight zealously put forth any effort. What can we do

My fiance is incarcerated we have zero income now,, he is charged with enter structure, poss. Of burglary tools,

petite larceny. Accused of these crimes because fiancee vehicle license plate was seen on flock camera in the area , vehicle matching description was seen on camera a block away from the alleged crimes

illegal search as soon as I was commanded to get out of the vehicle

No biological evidence, no physical evidence to produce a sufficient findings that the item(s)are what the Commonwealth claims to be

The allegedly stolen items in possession

Evidence mostly consists of pictures of the alleged tools that were not in possession, tools were in the trunk in tool pouch, still had sheetrock from work that day,, also picture of work boots Pictures that are considered secondary evidence taken with cell ohone next day.

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1 Lawyer Answer

A: Unfortunately you generally can get court appointed/public defender or retain an attorney you choose. The standard is not extremely high and most court appointed attorneys and public defenders meet that minimum level. But if you're not happy you would likely need to hire an attorney. If that's not an option most judges I see will not appoint different counsel because complaints are high in that area. Now if there's an established record of legitimate concern that's different... failing to keep client reasonably updated about case, not communicating at all, not doing a bond hearing when client wants one, not filing discovery motions etc....

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