Legal Experts Suggest Jail Sentence for Trump Ahead of Sentencing Hearing

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ICARO Media Group
Politics
08/06/2024 16h13

In a surprising turn of events, legal experts have stated that former President Donald Trump's lack of remorse and repeated contempt findings could be grounds for a jail sentence. The comments came just over a month before his scheduled July 11 sentencing hearing.

Adam Shlahet, the director of the Brendan Moore Trial Advocacy Center at Fordham Law, initially believed that a jail sentence was unlikely for Trump. However, considering his current behavior, Shlahet now believes it is more likely.

Former Manhattan prosecutor Arthur Middlemiss, on the other hand, thinks Trump will probably avoid prison time due to mitigating factors. These factors include Trump's advanced age, first-time offender status, and his history of public service.

However, Shlahet argues that Trump's lack of remorse and repeated contempt of court findings put him in a vulnerable position ahead of his sentencing. Judge Juan Merchan found Trump in contempt of court 10 times for violating a gag order. Shlahet suggests that these aggravating factors could influence the judge's decision to impose jail time.

One of the significant concerns raised by legal scholars is Trump's conduct toward the judge presiding over his case. Insulting the judge and showing a lack of respect for the jury's verdict may not bode well for someone seeking probation.

Trump was found guilty of 34 counts of felony falsification of business records, as part of a scheme to cover up alleged extramarital affairs during his 2016 presidential bid. The charges carry a maximum sentence of four years each, and Trump could be fined up to $170,000.

It is noteworthy to mention that Trump's case differs from that of his former chief financial officer, Allen Weisselberg, who received a five-month jail sentence for participating in a tax fraud scheme. Weisselberg's case involved more serious felonies and identifiable victims.

The outcome of Trump's sentencing poses logistical challenges. Community service would be complicated for a high-profile candidate, while probation raises questions about campaigning across the country. Additionally, serving time in jail could require the presence of the Secret Service.

If the judge determines that neither imprisonment nor probation is appropriate, a conditional discharge could be imposed. This would place restrictions on Trump's conduct for a set period.

While Trump has protested the timing of his sentencing, citing unfairness due to his expected nomination as the GOP presidential candidate, legal experts believe that a quicker sentence would allow him to begin the appeals process sooner.

Ahead of the July 11 hearing, Trump is expected to meet with the probation office for an interview that will help form a sentencing recommendation. One crucial question Trump will face is whether he accepts responsibility for his actions, which plays a significant role in the judge's decision-making process.

Once sentenced, Trump has the option to appeal, which would temporarily suspend any jail time, probation, fine, or community service until the appeals process is concluded.

With the sentencing hearing approaching, all eyes are on the judge as the final decision looms over Trump's future.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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