Whats the most time u can get for this VOP/FTA/GRAND THEFT FROM RETAIL MERCHANT,FRAUD-IMPERSON USE/POSS ID, PETIT THEFT 1ST OFf

If your friend was on probation for grand theft, he is facing a maximum of 5 years in prison on that charge alone. The petite theft could be a first or a second degree misdemeanor, depending on the amount alleged to have been taken. If it is a first, then he faces an additional year on that charge. If it is a second, then it is an additional 60 days. I assume the other charge is Fraudulent Use of Personal Identification Information and that is a 3rd degree felony with a maximum of 5 years in prison as well. The judge could conceivably run all sentences consecutive to each other, meaning that the first sentence must end before the next one begins. The outcome of his case depends on the exact circumstances involved, the judge, the prosecutor, the defense attorney, his prior record, and the facts. The public defender may be correct regarding the difficulty in winning the case. There are a few problems that your friend faces. First, the question is not whether he committed the offense alleged, but rather whether the state can prove that he did. It is about evidence, and not necessarily the truth. Second, the violation of probation will be tried in front of the judge that placed him on probation in the first place. It will not be tried in front of a jury. The judge does not need much evidence to find him in violation. A jury would need to be convinced beyond a reasonable doubt (a very high burden for the state to meet). The judge needs only to be convinced by a preponderance of the evidence (more likely than not) that your friend is in violation. Thus, the state's burden is much lower. I do not know what the outcome of your friend's case will be. If you are unhappy with the public defender, consider hiring a private attorney. But, before you do, consider why you are unhappy with the public defender. Is it because he or she is not doing a good job? Or is it because you don't like the information he or she is giving to you? If it is the latter, consider the possibility that the public defender is simply telling you the truth and don't waste your money. Good luck.