A New York jury on Thursday found Donald Trump guilty of 34 felony counts of falsifying business records in an attempt to conceal hush-money payments to porn stars before the 2016 presidential election.
Politically, the unprecedented conviction of a former US president – and presumptive major party presidential nominee – plunges the country into uncharted waters as the Republican continues to oppose President Joe Biden’s campaign Activity.
But legally speaking, Trump’s next move is easier to predict. The following may happen next:
Former US President Donald Trump returns to the court shortly before hearing the jury’s verdict in his criminal trial at the New York State Supreme Court on May 30, 2024 in New York City, New York, USA.
Justin Lane | Reuters
Sentencing Schedule
After the verdict, the jury was dismissed. The case then proceeds to the sentencing phase, a process largely controlled by Judge Juan Mercand.
Before adjourning Thursday afternoon, the judge set Trump’s sentencing date for July 11 at 10 a.m. ET. He ordered all parties in the case to file motions by June 13.
Both sides are expected to submit sentencing memorandums — in which each side makes arguments in support of its preferred punishment — as well as other court documents.
Trump may also be interviewed by probation officer Demonstration report. The interview may include questions about Trump’s personal history and criminal record. Those responses will be included in the judge’s briefing report, which will include sentencing recommendations for Merchant’s consideration.
Trump’s lawyers may try to delay his sentencing date — possibly even after the Nov. 5 presidential election. But New York City defense attorney Michael Bachner said Silo was unlikely to grant such a delay without a good reason.
In the meantime, Trump will be free to speak to the media, travel and continue his presidential campaign. He will also no longer be subject to a gag order that prevents him from discussing witnesses, jurors and the judge’s family, among others.
However, Trump’s guilty verdict does not automatically make him a “convicted felon.” That label wasn’t accurate until after he was sentenced in July.
Possible punishment—including imprisonment
The charges against Trump are Class E felonies, the lightest category under New York law. Each count carries a maximum penalty of four years in prison.
Trump’s sentence could include fines and restitution, probation or other conditions, but a prison sentence is not out of the question.
Murchin has broad discretion in determining Trump’s sentence and can factor a variety of factors into the final decision.
Some of those factors, such as Trump’s 77-year-old age and lack of a previous criminal record, could work in the former president’s favor.
But Trump’s behavior during the trial could also influence Momo’s final decision.
That could be a problem for the former president, who publicly attacked the judge throughout the trial and accused him of political bias.
The judge also previously accused Trump of trying to “Intimidation” court, prompting the expansion of the gag order, which Trump later violated 10 times.
Bennett Gershman, a professor at Pace Law School, told CNBC that “Trump’s violation of the gag order, his defamation of the court process, the judge or the prosecutors – all of these are worthy of silent consideration.”
A lighter sentence may be imposed
Experts tend to believe that Trump is unlikely to face jail time as a result of the verdict.
Bachner said “I would be shocked” if Trump was sentenced to prison. He added that probation was normal for ordinary defendants who committed the same crime.
Merchin made clear throughout the trial that he was mindful of Trump’s unique political position and has previously expressed reluctance to put the former president in prison.
On May 6, Trump was held in contempt of court for repeatedly violating the gag order. Merchant said that going to jail was “the last thing I want to do.”
“You are the former president of the United States and you may be the next president,” Merchin told Trump at the time, adding that he was concerned about the logistics of incarcerating him “and the broader implications.”
Gershman told CNBC that sentencing Trump to prison is “certainly reasonable” and that Merchant’s sentence to Trump for a period of time in prison “would not be out of range.”
But he acknowledged that a judge may opt for house arrest because of the enormous and complex challenges of incarcerating a former president.
“The judge believes this case goes to the heart of our democracy,” Gershman said. “He believes this case is very, very serious.”
Can Trump still be elected president?
Trump’s legal battle won’t stop him from running for president.
Both Bachner and Gershman agreed that Trump will inevitably appeal Merchan’s conviction.
But they said the appeals process would take months or even years. That means even if Trump ultimately overturns his conviction, he won’t be able to do it before Election Day.
Trump will appeal the decision to the New York Appellate Division, First Department of Justice. If the court upholds the verdict, Trump may be able to appeal to the Court of Appeals, New York’s highest court.
this Constitutional requirements The President of the United States is a citizen born in the United States, over 35 years old, and has lived in the United States for at least 14 years. It does not prohibit felons from holding top offices.
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