Former President Donald Trump leaves Manhattan Criminal Court after he...

Former President Donald Trump leaves Manhattan Criminal Court after he was convicted in his criminal trial in New York City on Thursday. Credit: AFP via Getty Images/Charly Triballeau

Former President Donald Trump stands convicted of the 34 counts of falsifying business records. The Manhattan District Attorney’s Office now has several choices on what to do next in the case, former prosecutor Abe George and other experts say.

Bail

Prosecutors have not asked for bail to be set on Trump before sentencing.

Presentence report

After a conviction, the defendant will have an interview with the New York City Department of Probation. Usually, this is a chance for the court system to learn about the defendant’s life outside the scope of the crime. Probation will make a recommendation for sentencing based on that interview.

Appeal

Defense lawyers will likely ask that Trump remain free while they work on their appeal. Again, there could be conditions placed on him if he remains free.

Sentence

The crime of falsifying business records, which becomes a Class E felony if done to cover up another crime, carries a punishment of 1 to 4 years in prison.

Merchan can sentence him to the maximum or the minimum, probation, or anywhere in between. He will have to weigh a number of factors, some legal, and, in this case, some political, when deciding how to punish the former president.

Additional factors for the judge to consider are that this is Trump’s first conviction, he’s 77, the former president of the United States and likely the Republican Party nominee for president in the November election.

The judge would also look at the presentence report and the prosecutor's recommendations, which George believes is likely to be incarceration.

“They could be sending a message to political candidates,” the former Manhattan prosecutor said. “Politicians should be held to a higher standard. I'm sure that's the argument that they're gonna make.”

Election

There is nothing in the U.S. Constitution that bars Trump from running for office, if convicted, and if he wins, he could be serving his sentence in the White House. The only three restrictions for running or serving as president are the candidate’s age (35), native birth and residency in the United States for the last 14 years. A felony conviction, however, could inhibit his ability to vote. A convicted felon may not vote in New York State while serving a sentence.

Compiled by Janon Fisher

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