Is Trump going to prison? What to know about the possible sentence after his conviction

[mystery-ak]

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."

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https://www.cbsnews.com/news/donald-trump-convicted-prison-sentence-new-york-criminal-trial/

[mystery-ak]

I think they will do house arrest...but I may be wrong..they may put him in jail, they think they are on a roll re punishing Trump...nothing surprises me anymore.

You have to remember their intention is to stop Trump, they won't give up now.

[libertybele]

I think they will do house arrest...but I may be wrong..they may put him in jail, they think they are on a roll re punishing Trump...nothing surprises me anymore.

You have to remember their intention is to stop Trump, they won't give up now.

NO they are not going to give up.  He's been convicted. The judge now is going to decide his fate and really the fate of the country. I doubt that he is just going to fine him, so house arrest would be I think a best case scenario.  He would not be within the confines of Riker Island nor would his SS be scrambling trying to figure out how to protect themselves as well as Trump. Will the SS even be allowed to continue to protect him??

There is absolutely nothing stopping this judge from incarcerating him.  That is my fear.  Once in their custody, who knows what's going to happen to him.

I don't know how long the appeals process takes, but he has until July 1.  That's only one month.

[DB]

Giving him jail time and then having it overturned by the higher courts could allow Trump to sue the city for major damages.

[Hoodat]

So what are we looking at?  136 years?  All because a bookkeeper at his LLC correctly logged payments to a lawyer as 'legal expenses'?

[roamer_1]

Giving him jail time and then having it overturned by the higher courts could allow Trump to sue the city for major damages.

But they'll do it, I'll betcha.

The perp-walk and the slamming cell door are priceless media fodder. And that's all this whole damn show is... from both ways.

[mystery-ak]

But they'll do it, I'll betcha.

The perp-walk and the slamming cell door are priceless media fodder. And that's all this whole damn show is... from both ways.

Exactly..they are not done with him yet...they have to keep him from campaigning..

[DB]

Exactly..they are not done with him yet...they have to keep him from campaigning..

Does "campaigning" at this point really make much difference? Virtually everyone is decided now. In addition, all this attention on corrupt democrats in action is driving people into his camp.

[Maj. Bill Martin]

I don't know how long the appeals process takes, but he has until July 1.  That's only one month.

Zero chance the appeals process is even started by then - under New York law, the appeal cannot even come until after sentencing, and that's on July 11. Also the court reporters must first finish and finalize the official transcript of the of the trial, because you have to file that with your appeal.  Then when it gets to the court of appeals, they'll set a schedule for briefing and argument, and that process alone takes months. Of course, then you have to wait for them to come down with the decision.

Normally, you're looking at 12 months in a case like this, at least.  You can say "they should expedite it", but there's only so much expediting you can do as a lawyer when you've got to write a massive appellate brief, including citations to the record.   I'm sure they'll break it down and have multiple people working on it, but you can only do so much of that.

[Weird Tolkienish Figure]

I can't see Trump serving time in lieu of his Presidential campaign but then again I wasn't sure he'd be convicted so who knows? Locking up a candidate for a non-issue like his "crime".

[jafo2010]

Please, please, please, step into reality.  All of you.

There was a judge on TV today that said, someone like a Trump, he gets found guilty on 1-2 felonies, he would not serve jail/prison time.  BUT, having been found guilty on 34 FELONIES, he said, he is going to prison, and NOT for a token period of time.  It will be for 5 - 100 years his sentence.  And he is right.  This commie judge will at a minimum sentence Trump to a term that even with good behavior, would have him behind bars for four + years, even considering time served for good behavior.

What does the electorate do if Trump gets a sentence 8 YEARS+ in duration?  That would mean he gets out after four years with good behavior.  The UGLY TRUTH is that the DEMOCOMMIES WON A HUGE VICTORY,  AND A GIANT STEP TO TOTALITARIAN GOVERNANCE, WHICH IS EXACTLY WHAT THEY WANT.  IT IS WHAT PUTIN HAS HAD FOR 24 YEARS, AND LIKE ALL COMMUNISTS, THEY LOVE THE POWER.

I HAVE BEEN TELLING YOU ALL SINCE THE FIXED ELECTION IN 2020 THAT THE REPUBLIC IS DEAD.  Yesterday was what exactly?  I will tell you.  After a person is buried, they often mound the dirt because of settlement.  And for the occasional dead buried person, they did not put enough mounded dirt on the grave, which has sunken below ground level, so they have to come back with more dirt to level the ground to make it easy for lawn cutting.  Yesterday was just adding more dirt to the mound of the grave site for the republic.  Nothing more than that.

And even if he won, and he is serving time in prison, the optic of that has Congress doing what?  I see them using the 25th Amendment, and Trump does not serve a day.  It will take 1-2 years for his appeal to be heard on this nonsense from the totally corrupt state of New York.

Trump gets robbed a 2nd time.  And maybe, in the next following years, he dies.  He is not immortal.  And if he does not die, and he is denied, after two years in prison, he runs again maybe in 2028, and the saga continues. The UGLY TRUTH is he may well be out for a 2nd term, even if he wins in November.

[LMAO]

I can't see Trump serving time in lieu of his Presidential campaign but then again I wasn't sure he'd be convicted so who knows? Locking up a candidate for a non-issue like his "crime".

New York City has become a corrupt cesspool. Any investors or people who have businesses in New York City should’ve gotten out years ago

[Right_in_Virginia]

Please, please, please, step into reality.  ..........

You present a compelling scenario @jafo2010   

Are you advocating we go gently into that dark night?   If not, now would be a good time to also present an action plan.

[libertybele]

Please, please, please, step into reality.  All of you.

There was a judge on TV today that said, someone like a Trump, he gets found guilty on 1-2 felonies, he would not serve jail/prison time.  BUT, having been found guilty on 34 FELONIES, he said, he is going to prison, and NOT for a token period of time.  It will be for 5 - 100 years his sentence.  And he is right.  This commie judge will at a minimum sentence Trump to a term that even with good behavior, would have him behind bars for four + years, even considering time served for good behavior.

What does the electorate do if Trump gets a sentence 8 YEARS+ in duration?  That would mean he gets out after four years with good behavior.  The UGLY TRUTH is that the DEMOCOMMIES WON A HUGE VICTORY,  AND A GIANT STEP TO TOTALITARIAN GOVERNANCE, WHICH IS EXACTLY WHAT THEY WANT.  IT IS WHAT PUTIN HAS HAD FOR 24 YEARS, AND LIKE ALL COMMUNISTS, THEY LOVE THE POWER.

I HAVE BEEN TELLING YOU ALL SINCE THE FIXED ELECTION IN 2020 THAT THE REPUBLIC IS DEAD.  Yesterday was what exactly?  I will tell you.  After a person is buried, they often mound the dirt because of settlement.  And for the occasional dead buried person, they did not put enough mounded dirt on the grave, which has sunken below ground level, so they have to come back with more dirt to level the ground to make it easy for lawn cutting.  Yesterday was just adding more dirt to the mound of the grave site for the republic.  Nothing more than that.

And even if he won, and he is serving time in prison, the optic of that has Congress doing what?  I see them using the 25th Amendment, and Trump does not serve a day.  It will take 1-2 years for his appeal to be heard on this nonsense from the totally corrupt state of New York.

Trump gets robbed a 2nd time.  And maybe, in the next following years, he dies.  He is not immortal.  And if he does not die, and he is denied, after two years in prison, he runs again maybe in 2028, and the saga continues. The UGLY TRUTH is he may well be out for a 2nd term, even if he wins in November.

Great post.  His supporters need to wake up.  You are spot on.

[libertybele]

You present a compelling scenario @jafo2010   

Are you advocating we go gently into that dark night?   If not, now would be a good time to also present an action plan.

Do you see all of Trump supporters up in arms right now because he was convicted?? Hardly a peep; about a couple of hundred gathered in front of Trump tower with signs.  No, I am not advocating insurrection in answer to your question about going gently into that dark night. 

Action plan? A plan of action should have been on going since J6.  Doing rallies and people cheering him on got him and GOP voters absolutely nowhere, just like it did last election.

Supporting someone so toxic gets you nowhere.  First thing that should have been done from the beginning is come up with a plan of action to ensure a free and fair election.  The RNC and GOP should have been diligently working on that.  Second plan of action should have been backing a conservative with a proven track record of accomplishments.

IF indeed he does jail time that likely eliminates him from the presidency.  Perhaps at the convention they will nominate Haley as she had the next greatest number of delegates but the time frame in which to put someone else on the ballot IIRC is gone.  SO Brandon wins because the GOP has no opposition!

So the RNC has Trump's daughter in law working on things.  Good plan!   

[libertybele]

Giving him jail time and then having it overturned by the higher courts could allow Trump to sue the city for major damages.

That doesn't resolve keeping Brandon from getting re-elected.

[Right_in_Virginia]

Do you see all of Trump supporters up in arms right now because he was convicted?? Hardly a peep; about a couple of hundred gathered in front of Trump tower with signs.  No, I am not advocating insurrection in answer to your question about going gently into that dark night. 

Your non sequiturs are tiresome and an impediment to rational discussion @libertybele   Please, consider another strategy for disruption.

[libertybele]

Your non sequiturs are tiresome and an impediment to rational discussion @libertybele   Please, consider another strategy for disruption.

No.  I am right on target. 

[roamer_1]

Please, please, please, step into reality.  All of you.

Nah. He'll get a bounce on appeal. Y'all.. this is nowhere near over. It ain't hardly even started.

This sentence will be just as ridiculous as the sentence prior (purporting to take much of his fortune for a dalliance long past it's expiration date, not to mention it's fictional believability). He'll get 100 years. The whole  thing. This judge will throw the book at him.

And they'll get their masturbatory perp walk.
And they'll get the slamming jail cell...

But then he'll get his appeal. And the whole damn show will turn around.
Unless, of course, he gets Epsteined in the prison. But I don't think they are ready to go that far.

[Weird Tolkienish Figure]

You present a compelling scenario @jafo2010   

Are you advocating we go gently into that dark night?   If not, now would be a good time to also present an action plan.

Ok... we're listening. If "we" were 75% of the country we wouldn't even be having this conversation.

IMO "the people" are the only ones who solve this stuff.

[libertybele]

Nah. He'll get a bounce on appeal. Y'all.. this is nowhere near over. It ain't hardly even started.

This sentence will be just as ridiculous as the sentence prior (purporting to take much of his fortune for a dalliance long past it's expiration date, not to mention it's fictional believability). He'll get 100 years. The whole  thing. This judge will throw the book at him.

And they'll get their masturbatory perp walk.
And they'll get the slamming jail cell...

But then he'll get his appeal. And the whole damn show will turn around.
Unless, of course, he gets Epsteined in the prison. But I don't think they are ready to go that far.

I agree with you except I believe that the DEMS WILL do whatever it takes to keep him out of the WH.

[mystery-ak]

So far the Dems have gotten away with most of this lawfare....I wouldn't be surprised if they put him in prison..What will the Repubs do..nothing!

Everyone is afraid they will be J6ered...that the Repubs have done nothing about either..

[Right_in_Virginia]

So far the Dems have gotten away with most of this lawfare....I wouldn't be surprised if they put him in prison..What will the Repubs do..nothing!

Catturd
@catturd2

Dear worthless House Republicans ...

Stop Tweeting and start Subpoenaing !!!

10:56 AM · May 31, 2024

[jmyrlefuller]

Giving him jail time and then having it overturned by the higher courts could allow Trump to sue the city for major damages.

In the same court system that convicted him in the first place. Good luck with that.

[Weird Tolkienish Figure]

Giving him jail time and then having it overturned by the higher courts could allow Trump to sue the city for major damages.

There are people who have been wrongfully imprisoned for decades for crimes they did not commit, exonerated by DNA evidence. If they can't sue, nobody can