The verdict is now in and Donald Trump is the first former president in US history to be convicted of a crime.
A New York jury found the former president and Republican presidential candidate guilty of all 34 counts of falsifying business records and he will be sentenced on July 11.
Trump’s legal team is expected to appeal, but the unprecedented conviction triggers a process that convicted criminals face throughout Manhattan’s criminal justice system.
Despite his conviction, he can still run for president and is expected to campaign hard ahead of his expected rematch with President Joe Biden.
The judge has discretion when passing sentence. So will he face jail time or get probation?
Donald Trump speaking to the media on May 30 as jury deliberations were about to begin again.
Manhattan Criminal Court’s probation office would begin preparing the pre-sentence report for the judge, which includes recommendations.
If Trump thought the courtroom “freeze” was bad, the probation office is worse.
Located on the 10th floor of Manhattan Criminal Court, the New York City Probation Department is located at the end of a long hallway through a set of double doors.
Depending on how you get there, visitors will need to go through the sex offender registry office.
Inside, the drab reception area is set with gray plastic chairs, tan walls, lime green trim and stained tile floors. Visitors wait to be called to surrounding offices.
This process would include interviewing the former president to obtain details about his history, mental health and circumstances surrounding the conviction.
A sketch of Judge Juan Merchán during the secret money trial. Donald Trump’s sentence is at his discretion
Trump returns to the courtroom after a break as the jury began deliberating on May 29.
“Trump is getting a bird’s-eye view of the criminal justice system from a very different perspective than he’s ever had before,” said Cheryl Bader, an associate professor of law at Fordham Law.
Prosecutors and Trump’s defense team also have the opportunity to present additional information to the judge for sentencing and parole.
“Pre-sentence reports are required when the defendant faces prison time,” said David Shapiro, a former assistant prosecutor and professor at the John Jay College of Criminal Justice. “These reports must be completed prior to sentencing within a reasonable period of time which will not exceed in most cases one year.”
Falsifying business records in the first degree carries a maximum penalty of four years in prison.
In theory, Trump could have faced 136 years in prison if he had received consecutive sentences on all charges.
But even before the verdict was handed down, legal experts suggested Trump was unlikely to spend any time behind bars.
Trump, at 77 years old, has no previous convictions. The charges also involve a non-violent crime.
New York law does not recommend a prison sentence for nonviolent felonies when the defendant has no prior felony convictions in the past decade.
The most likely option, according to legal experts, is that the former president faces probation or a heavy fine. Both pose their own challenges for the former president.
The charge of falsifying business records in the first degree carries a maximum penalty of four years in prison.
Probation requirements depend on the case, but could pose logistical challenges for Trump if he has to obtain permission to travel and faces reporting requirements as he ramps up his presidential campaign in battleground states.
While parole could mean Trump’s travel is limited, there’s also a chance he could communicate with a parole officer by phone.
“The probation officer also has the ability to reduce the amount of supervision that is required if the individual has complied,” Bader said.
The fines could also hamper the former president in another way, as he faces staggering fines for committing civil fraud in New York and for defamation of E. Jean Carroll.
Donald Trump at his rally in Wildwood, New Jersey, on May 11, while on a weekend break from the secret money trail.
Meanwhile, Trump, as a former president and presumptive Republican presidential nominee, has another unique consideration that officials must deal with.
Trump has Secret Service protection. The agency has reportedly already been in talks about how it would proceed to protect him in the event that Trump was actually locked up.
Trump’s lawyers have already managed to paralyze the other three cases against him.
While New York law made it difficult to delay the hush money case, his team is expected to appeal the conviction.
“After the sentencing, the case is ready for any appeal,” Bader said. An appeal would go to the First Department of the Appellate Division.
While the case will go through New York’s criminal justice system, it appears the verdict will have little impact on voters.
a new NPR/PBS NewsHour/Marist Poll of registered voters found that 67 percent said it would make no difference to their vote if Trump were found guilty in the hush money case.
15 percent said a guilty verdict would make them more likely to vote for him, while 17 percent said it would make them less likely to vote for him in November.
Among independent and Republican voters, a guilty verdict in the case was actually more likely than less likely to make them vote for Trump.