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If Trump is convicted in New York, what happens next?

Rosie Manins, The Atlanta Journal-Constitution on

Published in News & Features

If he is convicted in New York, former President Donald Trump is likely to remain free from custody while awaiting his sentencing and during an appeal, which could carry the case into 2025. He also faces possible home confinement in New York’s Trump Tower or a ban on out-of-state travel while on probation, legal experts said.

A new jail photo of the presidential candidate could also emerge.

The jury in Trump’s criminal hush money case began deliberating Wednesday without reaching a verdict. They are back in court today to continue their work. Trump faces 34 felony counts of falsifying business records to hide an alleged affair, which he denies.

Here’s what to expect if Trump is convicted.

Custody unlikely

Trump has not been in custody during the New York trial and is unlikely to be handcuffed and placed behind bars immediately after conviction, even though the charges he faces carry a maximum sentence of four years in prison.

 

“It’s not like on TV where the defendant is taken off in handcuffs and incarcerated,” said former Manhattan assistant district attorney Richard Serafini, a Florida-based lawyer not involved in any of Trump’s prosecutions.

Serafini, who specializes in the defense of white collar crime, said Trump would likely remain free on his own recognizance while awaiting sentencing.

That would be in line with many other non-violent offenders who typically remain out on bond while awaiting sentencing, said Emory law professor John Acevedo, whose specialties include criminal procedure.

A pause before sentencing

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©2024 The Atlanta Journal-Constitution. Visit at ajc.com. Distributed by Tribune Content Agency, LLC.

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