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Trump Legal Investigations / Is Trump going to prison? What to know about the possible sentence after his conviction
« Last post by mystery-ak on Today at 12:26:24 am »Is Trump going to prison? What to know about the possible sentence after his conviction
By Kaia Hubbard
Updated on: May 31, 2024 / 6:48 PM EDT / CBS News
Washington — Former President Donald Trump was found guilty on all charges in his New York "hush money" trial on Thursday, and the judge overseeing the case will soon venture into uncharted territory to determine whether a former president should be imprisoned for a felony conviction for the first time.
Trump was found guilty of falsifying business records to conceal a $130,000 payment to adult film star Stormy Daniels to buy her silence before the 2016 presidential election. The jury in Manhattan returned its guilty verdict after a trial that stretched six weeks and featured more than 20 witnesses.
Each of the 34 felony charges carries up to a $5,000 fine and four-year prison sentence. But whether Trump will go to prison is another question — one that's up to the judge at sentencing.
When will Trump be sentenced?
The judge set a July 11 date for sentencing following the jury's verdict on Thursday.
The timing is in line with similar white-collar felony cases, where sentencing often takes place anywhere from three to eight weeks after conviction, according to Dan Horwitz, a defense lawyer who formerly prosecuted white-collar cases for the Manhattan District Attorney's office.
The sentencing will happen four days before the start of the Republican National Convention.
What to expect from sentencing
The minimum sentence for falsifying business records in the first degree is zero, so Trump could receive probation or conditional discharge, a sentence of no jail or up to four years for each offense. Trump would likely be ordered to serve the prison time concurrently for each count, so up to four years, total.
"The judge could sentence him to anything between zero and the max," Horwitz said. "So he could sentence him to a period of months in jail, he could sentence him to a period of weeks in jail, he could sentence him to a sentence where he is required, for example, to go to jail every weekend for a period of time and then serve the rest of the sentence on probation."
In an analysis of comparable cases brought by the Manhattan district attorney's office, Norm Eisen, who has written a book about Trump's 2020 election-related federal indictment and served as special counsel in the first impeachment of the former president, found that about 10% resulted in imprisonment. But the circumstances surrounding the case make any across-the-board comparison difficult.
Trump could also be sentenced to home detention, where he would wear an ankle bracelet and be monitored rather than going to jail. Horwitz suggested that a home detention sentence, which walks a middle ground between no punishment and a stint in state prison, might be the most likely outcome. It would also satisfy Trump's unusual security and political situation.
A home detention sentence would also make it possible for Trump to continue campaigning — albeit virtually — with the ability to hold news conferences and remain active on social media. Throughout the trial, Justice Juan Merchan stressed the importance of allowing Trump the ability to campaign and exercise his First Amendment rights as he seeks another term in the White House. But it's just part of the equation that the judge must weigh in his decision.
In an interview on CNN after the verdict, Trump attorney Todd Blanche was asked if he expected prosecutors to seek jail time. "I have no idea," Blanche replied. "Look, there's there's a system in place that that where you rely on precedent, and somebody like President Trump should never, never face a jail sentence based on this conduct."
more
https://www.cbsnews.com/news/donald-trump-convicted-prison-sentence-new-york-criminal-trial/
By Kaia Hubbard
Updated on: May 31, 2024 / 6:48 PM EDT / CBS News
Washington — Former President Donald Trump was found guilty on all charges in his New York "hush money" trial on Thursday, and the judge overseeing the case will soon venture into uncharted territory to determine whether a former president should be imprisoned for a felony conviction for the first time.
Trump was found guilty of falsifying business records to conceal a $130,000 payment to adult film star Stormy Daniels to buy her silence before the 2016 presidential election. The jury in Manhattan returned its guilty verdict after a trial that stretched six weeks and featured more than 20 witnesses.
Each of the 34 felony charges carries up to a $5,000 fine and four-year prison sentence. But whether Trump will go to prison is another question — one that's up to the judge at sentencing.
When will Trump be sentenced?
The judge set a July 11 date for sentencing following the jury's verdict on Thursday.
The timing is in line with similar white-collar felony cases, where sentencing often takes place anywhere from three to eight weeks after conviction, according to Dan Horwitz, a defense lawyer who formerly prosecuted white-collar cases for the Manhattan District Attorney's office.
The sentencing will happen four days before the start of the Republican National Convention.
What to expect from sentencing
The minimum sentence for falsifying business records in the first degree is zero, so Trump could receive probation or conditional discharge, a sentence of no jail or up to four years for each offense. Trump would likely be ordered to serve the prison time concurrently for each count, so up to four years, total.
"The judge could sentence him to anything between zero and the max," Horwitz said. "So he could sentence him to a period of months in jail, he could sentence him to a period of weeks in jail, he could sentence him to a sentence where he is required, for example, to go to jail every weekend for a period of time and then serve the rest of the sentence on probation."
In an analysis of comparable cases brought by the Manhattan district attorney's office, Norm Eisen, who has written a book about Trump's 2020 election-related federal indictment and served as special counsel in the first impeachment of the former president, found that about 10% resulted in imprisonment. But the circumstances surrounding the case make any across-the-board comparison difficult.
Trump could also be sentenced to home detention, where he would wear an ankle bracelet and be monitored rather than going to jail. Horwitz suggested that a home detention sentence, which walks a middle ground between no punishment and a stint in state prison, might be the most likely outcome. It would also satisfy Trump's unusual security and political situation.
A home detention sentence would also make it possible for Trump to continue campaigning — albeit virtually — with the ability to hold news conferences and remain active on social media. Throughout the trial, Justice Juan Merchan stressed the importance of allowing Trump the ability to campaign and exercise his First Amendment rights as he seeks another term in the White House. But it's just part of the equation that the judge must weigh in his decision.
In an interview on CNN after the verdict, Trump attorney Todd Blanche was asked if he expected prosecutors to seek jail time. "I have no idea," Blanche replied. "Look, there's there's a system in place that that where you rely on precedent, and somebody like President Trump should never, never face a jail sentence based on this conduct."
more
https://www.cbsnews.com/news/donald-trump-convicted-prison-sentence-new-york-criminal-trial/
