What are the possible scenarios if Trump is found guilty in a criminal trial in New York?
Trump's fate depends on what the 12 jurors living in Manhattan decide. His ruling could change the presidential campaign ahead of the November election.
Since this case is unusual For the first time, a former US president is facing criminal charges against him, may be found guilty. What can happen in that case? Will I go to jail? Can he still run for president or be president?
The specifics of this case are very difficult to predict. These are some of the possible scenarios for Trump if convicted.
What will be Trump's punishment if convicted?
Trump faces each of the 34 felony counts of falsifying business records Penalties include up to four years in prison and a $5,000 fine.
Under New York law, falsifying business records is a Class 'E' felony, punishable by the lowest possible fine. But because they were committed in conjunction with another crime, Trump's election crimes, the law allows them to be elevated to major felonies, opening up the possibility of prison time for those who commit them.
Trump is innocent. Although several cases are pending against him, he has no criminal record.
According to author and attorney Norm Eisen, who has studied falsified business records brought by the Manhattan district attorney's office, only one in 10 of those cases resulted in a prison sentence, and those charges usually included other charges.
If convicted, the sentence against him – which will often be announced in a separate trial – may be involved Fines, probation or supervised release and, in worst cases, imprisonmentMany legal experts say this is unlikely.
Duncan Levine, a former Manhattan attorney, told CBS that putting Trump under house arrest was a good option for Judge Merchan, who has publicly told the defendant that “the last thing I want to do is put him in jail.”
Can Trump stay in jail despite everything?
Although Judge Juan Mercant said jailing Trump was “really a last resort for me,” he clarified that “if necessary and appropriate, I would do so.”
Merchán expressed his concern not only about imprisoning a former president and a future president, but “the people who have to carry out that sanction: judicial officers, prison officials, the Secret Service and others.” .
However, as unlikely as this may seem, the fact that Trump could go to jail if convicted cannot be ruled out.
He was charged with 34 different charges, each carrying a maximum sentence of 4 years in prison, but although he was convicted on all of them and given the maximum sentence, It is virtually certain that he will be allowed to serve the sentence concurrentlyThe maximum jail term with this is four years.
The sentence is at the discretion of the judge and it is unlikely that he will decide to sentence Trump to prison. The former president has no criminal record, is elderly and the crimes he is accused of were not violent.; It is worth mentioning that he is a former President of the United States and a likely candidate for the White House in this year's election of the Republican Party.
What will happen if Trump goes to jail?
If, after all, the trial ends with a prison sentence for Trump, As a former president, he is entitled to Secret Service protection for the rest of his life, wherever he is, including in prison. Therefore, their incarceration would mean a major security deployment and would require Secret Service agents in prison, which would force more prison officials to monitor them.
Running a prison with a former president as a prisoner would be really difficult. Justin Paperney, director of prison consultancy White Collar Advice, told the BBC that Trump being an inmate “would be a strange sight…no warden would allow it”. “Prison systems are concerned with two things: the safety of the institution and the reduction of costs,” he added. Both elements come into play in this case.
It is unclear which prison Trump will serve his sentence at. According to the magazine Time, offenders sentenced to less than a year in state prison are typically sent to Rikers Island prison in New York City, where former Trump Organization finance director Alan Weiselberg is currently serving time. But New York's 44 state prisons can serve more than a year.
Can Trump be president even if convicted?
Yes, the US Constitution establishes very few eligibility requirements for the President. You must be at least 35 years old, a citizen by birth, and have lived in the country for at least 14 years.
There are no requirements related to criminal history, personality, or behavior. Some states prohibit convicted felons from running for state office, but this does not apply to federal office.
Can Trump appeal the guilty verdict?
For appeal of conviction Trump's legal team has 30 days to file a notice of appeal and up to six months to file a full appeal.. You must go to the Manhattan Appellate Division and the Court of Appeals.
A key question is whether the court will agree to suspend his sentence while the appeals process continues, which will surely extend beyond the Nov. 5 presidential election. Trump could remain free on bail pending trial.
Can Trump pardon himself in this case if he becomes president?
No. Unlike his other criminal cases, in this one he cannot pardon himself if elected president because falsifying business records is a state crime. Only the governor of New York could pardon him.
What will happen if an incarcerated Trump is elected president?
Not clear. A similar condition has never been experienced before.
By law, Trump remains eligible to serve as president even if he is imprisoned, since the Constitution does not prevent it. “I don't think the teachers ever thought we were going to be in this situation,” he said The New York Times Jessica Levinson is a professor at Loyola Law School specializing in election law.
“We are a long way from anything that ever happened. Everything is just speculation,” he declared times Professor Erwin Semaryski is an expert in constitutional law at the University of California, Berkeley.
But in practice, the report adds The New York TimesThe election of an imprisoned president can create a legal crisis that will often have to be resolved in court.
Crucial week in Trump impeachment trial: Closing arguments and possible verdict