Now that Trump’s a convicted felon, here’s what happens next
First he’ll be sentenced. Then he’ll appeal. The process will take many months.
Donald Trump’s hush money trial might be over, but his time dealing with the New York criminal justice system is far from finished.
Trump’s team is sure to appeal the guilty verdict, a process that could stretch on for months or even years. And in the coming weeks, Justice Juan Merchan will deliver Trump’s sentence. At that hearing, Trump could be given the opportunity to vent about the case for the first time in open court. He’ll also have to complete other typical procedural tasks New York state defendants face after conviction.
Here’s what happens next now that Trump is a convicted felon in New York.
When will Trump be sentenced?
Merchan scheduled Trump’s sentencing for July 11.
In the meantime, Trump will likely be interviewed by the court’s probation department, which will draw up an advisory recommendation for the judge that delves into criminal history and other issues pertinent at sentencing.
Mark Bederow, a veteran defense attorney and former prosecutor in Manhattan, predicted that the sentencing hearing could be “quite a circus.”
“You get Trump live with no holds barred,” the attorney said.
Merchan could hand down one of several sentences including probation, home confinement or prison time. He could also order Trump to perform community service or pay fines.
“Now most people would say, ranting and raving about the judge sentencing you, calling him corrupt and all those kinds of things, is generally not smart,” Bederow said. “For someone like Trump, you know it’s coming.”
Trump’s repeated defiance of Merchan’s gag order could also enhance his sentence, some legal experts say.
How will Trump’s appeal work?
Trump’s attorneys will likely appeal the case after his sentence is imposed. In New York, a defendant has 30 days from when a sentence is handed down to file a notice of an appeal. If Trump fails to file, he’ll essentially waive his right to appeal.
Assuming he does file the notice, Trump’s attorneys will then “perfect” the appeal, meaning they’ll submit a legal brief with New York’s First Judicial Department appellate court laying out the grounds on which they’ll contest the verdict or sentence.
Trump’s legal team could raise a host of issues in their effort to get the case overturned, Bederow said, including the scope of testimony Stormy Daniels delivered.
In her testimony, Daniels went into significant detail about her alleged sexual encounter with Trump in 2006, and said there was a “power imbalance” between her and Trump.
Trump’s attorneys requested a mistrial twice during trial proceedings because of what Daniels was allowed to say from the stand.
If Merchan imposes a prison term, Trump would surely ask for that sentence to be postponed during his appeal.
Will the gag order still apply?
In all likelihood, the gag order will no longer apply now that Trump has been convicted.
“The purpose of a gag order is mostly to make sure that the legal proceedings go off fairly and that jurors are not intimidated, witnesses are not intimidated,” Bederow said. “Once the verdict is in, there’s no defensible reason for a gag order.”
Merchan’s gag order barred Trump from making statements about witnesses, jurors and members of the court or the prosecution — though it didn’t stop a slew of verbal attacks throughout the trial. Merchan ruled he violated the gag 10 times and twice held him in contempt.
Bederow said he fully expects Trump to vent at his sentencing and on the campaign trail.
“You can get Trump live in the round screaming and yelling about pretty much anything. The issue is depending on what he says, does he still commit some kind of contempt in the actual courtroom. You just don’t know what he’s going to say,” he said.