By Jack Queen
(Reuters) -Donald Trump, the first former U.S. president convicted of a crime, will remain a free man as he awaits sentencing and could avoid prison time entirely for falsifying company records to extract a hush money payment to a porn star blur .
Here’s a look at what’s next for the Republican nominee for president against Democratic President Joe Biden in the Nov. 5 election.
WHAT HAPPENS NOW?
The judge presiding over the case Juan Merchanmust first approve the judgment and make a final judgment, although this is usually a formality.
Merchan set sentencing for July 11, just days before the Republican Party will formally nominate Trump for president ahead of the Nov. 5 election.
The crime of falsifying business documents carries a maximum penalty of four years in prison, although those convicted often receive shorter sentences, fines or probation. Incarceration would not legally prevent Trump from campaigning or coming to power if he were to win.
Lawyers and prosecutors will recommend punishments and then debate them at Trump’s confirmation hearing, where Merchan will make a decision.
WILL TRUMP GO TO JAIL?
That’s unlikely.
The maximum penalty for Trump’s crime of falsifying corporate records is 1-1/3 to four years in prison.
It is rare for people with no criminal history convicted solely of falsifying business records to be sentenced to prison in New York. Punishments such as fines or probation are more common.
Defendants convicted of falsifying corporate records and sentenced to prison terms typically serve a year or less, and even in those cases, most were convicted of other crimes such as fraud or grand theft — unlike Trump
If Trump is punished with more than a fine, he could be placed under house arrest or a curfew instead of serving time in jail.
As a former president, he has a lifetime position in the Secret Service, and the logistics of keeping him safely behind bars could be complicated.
Trump could also be released on bail while he appeals his conviction.
CAN TRUMP APPEAL THE CONVICTION?
Yes. Trump is likely to make arguments that Merchan rejected ahead of the trial, including that the indictment is legally flawed and politically motivated.
He is also likely to argue that Merchan deprived him of due process by making legal mistakes, including allowing salacious testimony from a porn star who said she had sex with Trump — testimony that his lawyers say was unnecessary and intended were to incite the jury against him.
The defense will likely argue that the charges themselves were legally improper. Falsifying corporate records is a crime in itself in New York, but is elevated to a misdemeanor if it is done to help commit or conceal another crime. In this case, Bragg’s office said other crimes amounted to a conspiracy to violate a state’s election law.
But Trump’s lawyers have argued that state law does not apply to federal elections.
CAN TRUMP STILL BE PRESIDENT?
Yes. The U.S. Constitution only requires that presidents be at least 35 years old and be natural-born U.S. citizens who have lived in the country for 14 years.
In theory, Trump could be sworn in from prison on Inauguration Day, January 20, 2025, if he were to fire Biden.
(Reporting by Jack Queen; Editing by Noeleen Walder and Daniel Wallis)
