THERE are three reasons Donald Trump will never spend a minute in jail despite being found guilty on all counts in his hush money trial, experts say.
The ex-US president, 77, was found guilty on Thursday of 34 counts of falsifying business records to cover up a payment to Stormy Daniels.
EPAFormer US President Donald Trump gestures to crowds outside Trump Tower after a jury found him guilty on all 34 counts in his criminal trial[/caption]
GettyTrump sits in the courtroom during his hush money trial at Manhattan Criminal Court[/caption]
GettyThe ex-president arrives to Trump Tower on Thursday[/caption]
A sentencing date was set for July 11, as Trump’s attorney confirmed the Republican nominee for president will appeal the verdict.
The class E felony crime of falsifying business records is punishable by a fine, probation, or up to four years in prison per count.
But there are three crucial reasons why Trump’s odds of lockup over his felony convictions are slim to none, according to legal experts.
First-time offenders rarely ever go to jail for non-violent, low-level felonies such as those Trump has been convicted of, they said.
Instead, in cases including Trump’s, prosecutors might try to impose a hefty fine, community service, or probation.
High-profile defence attorney and former Brooklyn prosecutor Arthur Aidala told Business Insider: “I can’t say for absolute 100 per cent certainty there can’t be jail because on the books, he can go to jail.
But, he said, “I do not see a scenario where Donald Trump spends one minute in jail”.
Another factor in Trump’s favour is that the falsifying business records offences are the first he has been convicted of.
Defence attorney and former prosecutor for the Manhattan district attorney’s office Mark Bederow explained: “In New York State and in particular New York County, it is extraordinarily rare for a 70-something-year-old man, first arrest, who was convicted of a low-level non-violent felony to be incarcerated.”
The lawyer noted there is “no comparison” to the case of Trump, who is a frontrunner in this year’s presidential election.
Experts also told NBC News that it is unlikely Trump will spend time behind bars because of factors including his age, as well as that he is a first-time, non-violent offender.
Jeremy Saland, a former Manhattan prosecutor and now a lawyer in a private practice, argued that if anyone were to be incarcerated over this type of crime, “it would be an elected official”.
Although it would shock him, he said, “for practical reasons and for reasons of allowing anger and divisiveness to fester”.
Judge Juan Merchan did threaten to jail the ex-president during the trial for violating his gag order, but his fate remains unclear.
The judge is known to be a “harsh sentencer” when it comes to white-collar crimes committed by wealthy, privileged, and powerful people, according to veteran New York criminal defence lawyer Ron Kuby.
Manhattan District Attorney Alvin Bragg did not reveal on Thursday what kind of sentence he will be seeking on July 11.
If Trump is sentenced to jail, he will – as the first former president to be jailed – legally require Secret Service agents to be with him 24/7.
A rotating detail of armed agents would have to work around the clock to protect him – despite strict rules against firearms in prisons, officials familiar with the situation told The New York Times.
They would even have to screen Trump’s personal items and food.
What’s next for Trump?
DONALD Trump has been found guilty of 34 felony counts of falsifying business records in his hush money trial.
Here is what could happen next:
It is unlikely Trump will be jailed, according to legal experts.
The “falsifying business records” crimes he has been convicted of are the lowest level felonies in the New York state system.
Experts say it is beyond rare for a first-time offender with no criminal record to be jailed for a non-violent offence – especially at Trump’s age.
Despite now being a convicted felon, Trump can run for president.
But if he is handed a jail sentence and beats US Joe Biden in November, his sentence will have to be suspended until he leaves office.
Under New York law, Trump will not lose his right to vote – unless he is sent to prison.
Trump’s attorney said the Republican nominee for president will appeal the verdict “as soon as we can”.
The ex-president would also have to be kept separate from all other inmates for his own safety, and would likely not be permitted to keep items such as hair gel and makeup.
If sentenced to a year or less behind bars, he could be sent to Rikers Island, where his former CFO Allen Weisselberg is now serving time.
Some say Trump’s convictions will have a “boomerang effect” that will boost his popularity and make him president again.
Politics columnist Joe Concha wrote: “As it stands now, Trump leads in every major swing state in the country on average. He leads in almost every national poll.
“And an overwhelming majority of Americans don’t like political persecutions at all.”
The convictions cannot stop Trump from being president, even if he is sent to prison, a lawyer told The Sun.
Former prosecutor Neama Rahmani explained: “If Donald Trump is found guilty, even if he’s sentenced to prison, which is unlikely in the New York case, he can still be president.
“There’s nothing prohibiting a convicted felon from being president of the United States.”
He added: “Theoretically, Trump could be in prison and still be president of the United States, earning the Constitution.
“The only requirements are that he be 35 and be born in the United States and not have engaged in an insurrection.”
Trump would need to be flanked by Secret Service agents 24/7 if jailedThe Mega Agency
If sentenced to jail, the ex-president could serve time at the infamous Rikers IslandAP:Associated Press
Rikers Island is slated to shut down by 2027AP:Associated Press