Donald J. Trump, the former president and presumptive 2024 Republican nominee, was convicted on 34 felony counts of falsifying business records in a case stemming from a payment that silenced a porn star.
It’s not like Trump is going to prison for this. He’s old, has no record, and did serve as president, regardless of how people feel about it. Plus, he’s going to appeal, which means this thing will drag on long enough to still not matter, sadly.
In the state of New York, you serve time while awaiting appeal. If the judge opts to remand him to house arrest, which I think is the most likely outcome, his ass is staying put until his next court date.
That’s incorrect. It’s at the discretion of the judge to mandate imprisonment, place the felon on home confinement, subject to a curfew, or allow posting bail while awaiting appeal in NY.
Bear in mind that the sentence imposed by the lower court will go into effect while the appeal is being considered by the appellate court unless the trial judge or appellate court stays the sentence or a part of it (orders that it not go into effect). The order staying the judgment of conviction and sentence may include a requirement to post bail.
The “unless” (emphasis mine) is the operative word. The trial judge can choose to exercise discretion, but is under no requirement to specify any changes upon receiving an appeal.
That is to say, the default procedure is, as I said above, the convicted party serves their sentence during the time the appeal is being processed and considered.
You’re technically correct, but your comment may have mislead others to think remaining incarcerated was likely. It’s far more common to allow for exceptions during appeal of a nonviolent crime. He’ll also gain favor as a former President, as the judge will determine eligibility based on character and previous record.
With that being said, I don’t think sentencing will include prison time, due to the fact that they’re nonviolent class E felonies. I hope I’m wrong.
Ooh this is an interesting point! I wonder if the continual fines having no effect to stop him from violating the gag order will give the judge a very defensible reason to sentence for something other than a fine.
While that may mean there is a technical component to it, that’s not what people mean when they’re thinking about it. Being put into a prison is what people are referring to and that isn’t likely to happen.
It’s not like Trump is going to prison for this. He’s old, has no record, and did serve as president, regardless of how people feel about it. Plus, he’s going to appeal, which means this thing will drag on long enough to still not matter, sadly.
In the state of New York, you serve time while awaiting appeal. If the judge opts to remand him to house arrest, which I think is the most likely outcome, his ass is staying put until his next court date.
That’s incorrect. It’s at the discretion of the judge to mandate imprisonment, place the felon on home confinement, subject to a curfew, or allow posting bail while awaiting appeal in NY.
https://www.reuters.com/world/us/trump-is-convicted-felon-now-what-2024-05-30/
NYS BAR Association: https://nysba.org/NYSBA/Publications/LegalEASE Pamphlet Series/PUBS_LegalEase_YourRIghtsToAppealInCriminalCase_final.pdf
The “unless” (emphasis mine) is the operative word. The trial judge can choose to exercise discretion, but is under no requirement to specify any changes upon receiving an appeal.
That is to say, the default procedure is, as I said above, the convicted party serves their sentence during the time the appeal is being processed and considered.
You’re technically correct, but your comment may have mislead others to think remaining incarcerated was likely. It’s far more common to allow for exceptions during appeal of a nonviolent crime. He’ll also gain favor as a former President, as the judge will determine eligibility based on character and previous record.
With that being said, I don’t think sentencing will include prison time, due to the fact that they’re nonviolent class E felonies. I hope I’m wrong.
That’s assuming they actually sentence him to any kind of confinement and not just a really big fine (that he can’t and won’t pay anyway).
I mean, that judge is NOT happy with Trump, and has already lamented the fact that fines mean nothing to him.
Ooh this is an interesting point! I wonder if the continual fines having no effect to stop him from violating the gag order will give the judge a very defensible reason to sentence for something other than a fine.
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Cool. They can do that while he sits in a room or a cell tossing ketchup against the walls.
While that may mean there is a technical component to it, that’s not what people mean when they’re thinking about it. Being put into a prison is what people are referring to and that isn’t likely to happen.
He has a record. He also was convicted of
rapesexual assault and also defaming said woman twice.No, he had a sexual abuse charge, not rape. None of the above was a criminal charge, only civil.