does a defendant have the right to request a retrial on the circuit court level in va,if he asked to stop the trial all witness where not present?

Generally speaking, the defendant does not have the right to demand that the Commonwealth present certain information.  If you believed that the detective and arresting officer would have presented information that would have been beneficial to your case, then you had an obligation to subpoena those witnesses.  If you did not subpoena the witnesses and did not object and ask for a continuance at the very beginning of the trial then most likely the objection would be considered waived.  If this is "after discovered" evidence (you did not know about it before the trial) then you could have a basis for a motion.  This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.