You might have heard the news – Donald Trump has been convicted of all 34 counts in the hush money case and it’s first in history! You might be wondering, “What happens now?” Well, let me break it down for you.
First off, this is a big deal. I mean, we’re talking about the former President of the United States being convicted on multiple charges. It’s not every day that something like this happens. So, what does it mean?
Well, for starters, it means that Trump is in big trouble. I mean, 34 counts is no joke. This could have serious consequences for him, both legally and politically. He could be facing some serious jail time, and his political career might be over.
Trump’s legal team is expected to appeal, but the unprecedented conviction sets off a process that all convicted criminals face within the Manhattan criminal court system.
Despite his conviction, he can still run for president and is expected to furiously campaign before his expected rematch with President Joe Biden.
The judge has discretion when it comes to sentencing. So will he face jail or will he get probation?
The probation office in the Manhattan criminal courthouse would begin preparing the pre-sentencing report for the judge which includes recommendations.
If Trump thought the ‘freezing’ courtroom was bad, the probation office is worse.
Located on the 10th floor of the Manhattan criminal courthouse, the New York City probation department is at the end of a long hallway through a set of double doors.
Depending on how one gets to it, visitors must walk past the sex offender registry office.
Inside, the drab reception area is situated with gray plastic chairs, tan walls, lime green colored trimming and stained tiled floors. Visitors stand about waiting to be called into the surrounding offices.
This process would include interviewing the former president for details about his history, mental health and circumstances around the conviction.
‘Trump is getting a bird’s eye view of the criminal justice system from a very different perspective than he’s ever had,’ said Cheryl Bader, Fordham associate professor of law.
The prosecution and Trump’s defense team also have the opportunity to submit additional information to the judge for sentencing and probation.
‘Pre-sentence reports are required where the defendant faces jail time,’ said David Shapiro, a former assistant prosecutor and lecturer at John Jay College of Criminal Justice. ‘These reports must be completed before sentencing within a reasonable time period not to exceed in most cases one year.’
Falsifying business records in the first degree carries a maximum of four years in prison.
Theoretically, Trump could face 136 years in prison if given consecutive sentences on all charges.
But even before the verdict came down, legal experts suggested Trump was unlikely to face time behind bars.
Trump at 77-years-old has no prior convictions. The charges also involve a nonviolent offense.
New York law recommends no prison sentence for non-violent felonies where the defendant lacks any prior felony conviction in the last decade.
The more likely option, according to legal experts, is the ex-president could face probation or a steep fine. Both pose their own challenges for the former president.
Probation requirements depend on the case, but it could pose logistical challenges for Trump if he has to get permission to travel and faces reporting requirements as he ramps up his presidential campaign in battleground states.
While probation could mean Trump’s travel is limited, there is also the possibility he could check in with a probation officer by phone.
‘The probation officer also has the ability to sort of lessen the amount of supervision that is required if the individual has been compliant,’ Bader said.
Fines could also hinder the ex-president in another way as he is already facing staggering fines for committing civil fraud in New York and for the defamation of E Jean Carroll.
Meanwhile, because Trump as a former president and the presumptive Republican presidential nominee, he has another unique consideration officials need to contend with.
Trump has Secret Service protection. The agency has already reportedly been in discussions over how it would proceed in its charge to protect him should Trump actually be locked up.
Trump’s lawyers have already been able to stall the three other cases against him.
While New York law made it challenging to delay the hush money case, his team is expected to appeal the conviction.
‘After sentencing, the case is ripe for any appeal,’ said Bader. An appeal would go to the Appellate Division First Department.
The judge could decide to go hard on Trump because she don’t like him but we shall see.
This conviction also raises questions about Trump’s presidency. If he’s guilty of these charges, what else might he have done while in office? It could raise serious concerns about his conduct and the integrity of his administration.
So, what happens now? Well, Trump will appeal the verdict, and the legal process will continue. But one thing’s for sure – this is a major moment in American history. And it will be interesting to see how it all plays out in the end.
