Rosie Manins | The Atlanta Journal-Structure (TNS)
After being convicted Thursday in New York, former President Donald Trump will stay free from custody whereas awaiting his sentencing on July 11. And he’s sure to attraction which may carry the case into 2025.
The jury in Trump’s criminal hush money case began deliberating Wednesday and returned a verdict Thursday, discovering Trump responsible on 34 felony counts of falsifying enterprise information to cover an alleged affair, which he denied.
Right here’s what to anticipate now that Trump has been convicted.
Custody unlikely
Trump has not been in custody through the New York trial and he was not handcuffed or positioned behind bars instantly after conviction, regardless that the costs he faces carry a most sentence of 4 years in jail. As an alternative, he left the courtroom and blasted the decision as “rigged.”
“It’s not like on TV the place the defendant is taken off in handcuffs and incarcerated,” mentioned former Manhattan assistant district lawyer Richard Serafini, a Florida-based lawyer not concerned in any of Trump’s prosecutions.
The choice to not jail Trump is according to many different non-violent offenders who usually stay out on bond whereas awaiting sentencing, mentioned Emory legislation professor John Acevedo, whose specialties embody felony process.
A pause earlier than sentencing
The decide set a July 11 sentencing date giving prosecutors and Trump’s attorneys time to arrange their arguments and supporting materials, authorized specialists mentioned.
“Normally a report is generated by the division of probation or prisons. After which the district lawyer would have a chance to weigh in, as would the protection, to suggest sentences,” Acevedo mentioned.
Trump may very well be sentenced to 4 years in jail on every cost that he’s convicted of. However the decide may additionally resolve {that a} noncustodial sentence, akin to a wonderful, residence detention or probation, is sufficient.
Chris Timmons, a former metro Atlanta prosecutor who has carefully adopted the Trump trial, mentioned the “gigantic trouble” of incarcerating a former president means Trump may obtain home arrest or some type of suspended sentence, the place he stays out of jail so long as he abides by sure circumstances.
Trump, who’s the presumptive Republican candidate for president, may very well be confined to Trump Tower in New York if sentenced to residence detention, and may very well be barred from leaving the state whereas on probation, Acevedo mentioned.
Attraction anticipated
It’s nearly sure that Trump will attraction his conviction, however he must wait till the trial decide sentences him and enters a ultimate judgment within the case.
There are two ranges of appeals courts in New York, Serafini mentioned. The state’s intermediate appellate court docket would possible get the case first, earlier than it may very well be elevated to the state’s highest bench.
Appeals normally take months to resolve and an opinion in Trump’s case would possible are available 2025, authorized specialists mentioned.
Trump’s sentence may very well be placed on maintain pending the end result of an attraction, Serafini and Acevedo mentioned. Timmons mentioned Trump may be required to submit a bond as a way to have the judgment towards him delayed whereas he awaits an appellate ruling.
To win on attraction, Trump must show that the trial court docket made a authorized error that harmed his case. He may face retrial.
A second reserving picture?
If Trump is booked right into a corrections facility, he’ll possible be topic to the same old procedures, together with having his {photograph} and fingerprints recorded, specialists mentioned.
Although Trump faces felony expenses in 4 states, he’s solely had his mug shot taken in Georgia, the place he was booked into the Fulton County jail in August. Trump and 14 others are accused of criminally interfering in Georgia’s 2020 general election.
Trump may be photographed and fingerprinted by corrections workers if sentenced to residence detention or probation, as violations of these sentences can result in imprisonment, Acevedo mentioned.
“Most states require all convicted felons to be photographed and fingerprinted for his or her databases,” Acevedo mentioned. “If (Trump is) convicted of a felony and sentenced to something apart from a wonderful, I’d count on fingerprints and {a photograph} to be taken.”
He mentioned Trump would possible be strip-searched and medically examined if imprisoned, as “these are nearly necessary for all incoming prisoners.”
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