Donald Trump won’t spend a minute in jail despite conviction on all counts – it’s due to 3 crucial reasons, expert says
THERE are three reasons Donald Trump will never spend a minute in jail despite being found guilty on all counts in his hush money trial, experts say.
The ex-US president, 77, was found guilty on Thursday of 34 counts of falsifying business records to cover up a payment to Stormy Daniels.
A sentencing date was set for July 11, as Trump's attorney confirmed the Republican nominee for president will appeal the verdict.
The class E felony crime of falsifying business records is punishable by a fine, probation, or up to four years in prison per count.
But there are three crucial reasons why Trump's odds of lockup over his felony convictions are slim to none, according to legal experts.
First-time offenders rarely ever go to jail for non-violent, low-level felonies such as those Trump has been convicted of, they said.
Instead, in cases including Trump's, prosecutors might try to impose a hefty fine, community service, or probation.
High-profile defence attorney and former Brooklyn prosecutor Arthur Aidala told Business Insider: "I can't say for absolute 100 per cent certainty there can't be jail because on the books, he can go to jail.
But, he said, "I do not see a scenario where Donald Trump spends one minute in jail".
Another factor in Trump's favour is that the falsifying business records offences are the first he has been convicted of.
Defence attorney and former prosecutor for the Manhattan district attorney's office Mark Bederow explained: "In New York State and in particular New York County, it is extraordinarily rare for a 70-something-year-old man, first arrest, who was convicted of a low-level non-violent felony to be incarcerated."
The lawyer noted there is "no comparison" to the case of Trump, who is a frontrunner in this year's presidential election.
Experts also told NBC News that it is unlikely Trump will spend time behind bars because of factors including his age, as well as that he is a first-time, non-violent offender.
Jeremy Saland, a former Manhattan prosecutor and now a lawyer in a private practice, argued that if anyone were to be incarcerated over this type of crime, "it would be an elected official".
Although it would shock him, he said, "for practical reasons and for reasons of allowing anger and divisiveness to fester".
Judge Juan Merchan did threaten to jail the former president for violating his gag order during the trial, but it remains unclear whether he will face similar consequences.
The judge is known to be a "harsh sentencer" when it comes to white-collar crimes committed by wealthy, privileged, and powerful people, according to veteran New York criminal defence lawyer Ron Kuby.
Manhattan District Attorney Alvin Bragg did not reveal on Thursday what kind of sentence he will be seeking on July 11.
If Trump is sentenced to jail, he will - as the first former president to be jailed - legally require Secret Service agents to be with him 24/7.
A rotating detail of armed agents would have to work around the clock to protect him - despite strict rules against firearms in prisons, officials familiar with the situation told The New York Times.
They would even have to screen Trump's personal items and food.
The ex-president would also have to be kept separate from all other inmates for his own safety, and would likely not be permitted to keep items such as hair gel and makeup.
If sentenced to a year or less behind bars, he could be sent to Rikers Island, where his former CFO Allen Weisselberg is now serving time.
Some say Trump's convictions will have a "boomerang effect" that will boost his popularity and make him president again.
Politics columnist Joe Concha wrote: "As it stands now, Trump leads in every major swing state in the country on average. He leads in almost every national poll.
"And an overwhelming majority of Americans don't like political persecutions at all."
The 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's sentenced to prison, which is unlikely in the New York case, he can still be president.
"There's nothing prohibiting a convicted felon from being president of the United States."
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He added: "Theoretically, Trump could be in prison and still be president of the United States, earning the Constitution.
"The only requirements are that he be 35 and be born in the United States and not have engaged in an insurrection."
