A presentencing report makes recommendations based on the defendant’s criminal record — Trump had none before this case — as well as his personal history and the crime itself. The former president was found guilty of falsifying business records in relation to a US$130,000 ($213,000) payment to Stormy Daniels, a porn actor who says she had a brief sexual tryst with Trump in 2006, in order to buy her silence.
At the presentence interview, a psychologist or social worker working for the probation department may also talk to Trump, during which time the defendant can “try to make a good impression and explain why he or she deserves a lighter punishment,” according to the New York State Unified Court System.
The presentencing report can also include submissions from the defence, and may describe whether “the defendant is in a counselling programme or has a steady job.”
In Trump’s case, of course, he is applying — as it were — for a steady job as president of the United States, a campaign that may be complicated by his new status as a felon. Trump will likely be required to regularly report to a probation officer, and rules on travel could be imposed.
There is no legal prohibition on Trump’s running for president as a convict, or even serving as president. Voting — for himself, presumably — would be more complicated: Trump is registered in Florida, which requires felons to complete their full sentence, including parole or probation, before regaining voting rights. With Election Day just months away, it seems unlikely that Trump could fulfil his sentence before then.
Trump was convicted of 34 Class E felonies, New York’s lowest level, each of which carry a potential penalty of up to four years in prison. Probation or home confinement are other possibilities that Merchan can consider.
That said, Merchan has indicated in the past that he takes white-collar crime seriously. If he did impose prison time, he would likely impose the punishment concurrently, meaning that Trump would serve time on each of the counts he was convicted of simultaneously.
If Trump were instead sentenced to probation, he could still be jailed if he was found to have committed additional crimes. Trump, 77, faces three other criminal cases: two federal, dealing with his handling of classified documents and his efforts to overturn the 2020 election, and a state case in Georgia that concerns election interference.
Even before the sentencing, Trump’s legal team is expected to file a notice of appeal, a simple procedure which nonetheless must be followed promptly.
Because he was convicted of nonviolent offences, it is unlikely that Trump would be imprisoned pending sentencing; sentencing could also be stayed during appeal. That could push any punishment beyond Election Day, as an appeal could take months to hear and adjudicate.
This article originally appeared in The New York Times
Written by: Jesse McKinley
©2024 THE NEW YORK TIMES
