THERE are three reasons why Donald Trump will never spend a minute in prison despite being found guilty on all counts at his secret trial, experts say.
The 77-year-old former US president found guilty on Thursday of 34 charges of falsifying business records to cover up a payment to Stormy Daniels.
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A sentencing date was set for July 11, when Trump’s lawyer confirmed that the Republican presidential candidate will appeal the verdict.
The Class E felony of falsifying business records is punishable by a fine, probation or up to four years in prison per charge.
But there are three crucial reasons why the odds of Trump being arrested for his criminal convictions are slim to none, according to legal experts.
First-time offenders rarely go to prison for low-level, nonviolent crimes like those for which Trump was convicted, they said.
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Instead, in cases like Trump’s, prosecutors may seek to impose a hefty fine, community service or probation.
Top-notch defense attorney and former Brooklyn prosecutor Arthur Aidala said Business Insider: “I cannot say with 100 percent absolute certainty that there cannot be prison because in the bookshe could go to jail.
But, he said, “I don’t see a scenario where Donald Trump spends a minute in prison.”
Another factor in Trump’s favor is that the crimes of falsifying business records are the first for which he was convicted.
Defense attorney and former Manhattan District Attorney’s Office prosecutor Mark Bederow explained: “In New York State and New York County in particular, it is extraordinarily rare for a man in his early 70s, first arrest , has been convicted of a low-level non-violent crime to be incarcerated.”
The lawyer noted that “there is no comparison” with the case of Trump, who is the favorite in this year’s presidential elections.
Experts also said NBC News that Trump is unlikely to spend any time behind bars due to factors including his age, as well as that he is a non-violent first-time offender.
Jeremy Saland, a former Manhattan prosecutor and now a lawyer in private practice, argued that if someone were to be incarcerated for this type of crime, “it would be an elected official.”
Although it shocked him, he said, “for practical reasons and for reasons of allowing anger and division to fester.”
Judge Juan Merchan threatened to arrest the former president during the trial for violating his gag order, but his fate remains uncertain.
The judge is known for being a “harsh condemner” when it comes to white-collar crimes committed by rich, privileged and powerful people, according to veteran New York criminal defense attorney Ron Kuby.
Manhattan District Attorney Alvin Bragg did not reveal Thursday what type of sentence he will seek on July 11.
If Trump is sentenced to prison, he – as the first former president to be arrested – will legally require Secret Service agents to be with him 24/7.
A rotating detachment of armed officers would have to work around the clock to protect him — despite strict rules against firearms in prisons, officials familiar with the situation said. The New York Times.
They would even have to examine Trump’s personal items and food.
What’s next for Trump?
Per Jessica Baker
DONALD Trump was found guilty of 34 criminal counts of falsifying business records in his financial secrecy trial.
Here’s what could happen next:
Trump is unlikely to be arrested, according to legal experts.
The “falsifying business records” crimes for which he was convicted are the lowest-level crimes in the New York State system.
Experts say it’s very rare for a first-time offender with no criminal record to be arrested for a nonviolent crime — especially at Trump’s age.
Despite now being a convicted felon, Trump could run for president.
But if he is sentenced to prison and wins the U.S. 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 lawyer said the Republican presidential nominee will appeal the verdict “as soon as we can.”
The former president would also have to be kept separate from all other inmates for his own safety and would likely not be allowed to keep items like hair gel and makeup.
If sentenced to a year or less in prison, he could be sent to Rikers Island, where his former CFO, Allen Weisselberg, is serving time.
Some say Trump’s beliefs will have a “boomerang effect” that will increase his popularity and make him president again.
Politics columnist Joe Concha wrote: “As it stands now, Trump leads, on average, in every key swing state in the country.
“And the overwhelming majority of Americans don’t like political persecution at all.”
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 is sentenced to prison, which is unlikely in the New York case, he could still be president.
“There is nothing that prohibits 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, deserving of the Constitution.
“The only requirements are that he is 35 years old, born in the United States and has not participated in an insurrection.”
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This story originally appeared on The-sun.com read the full story
