WHAT HAPPENS IF TRUMP IS CONVICTED?

Closing arguments are set for 28 May. After the lawyers summarize their cases, the judge will read jury instructions and the jurors will deliberate. If the jurors can’t reach an agreement, the judge would declare a mistrial.

1. A felony conviction will not disqualify Trump from continuing his presidential campaign, even if he were jailed. That’s because under the U.S. Constitution, all natural born citizens who are at least 35 years old and have been a resident of the U.S. for 14 years can run for President.
2. Trump could potentially face imprisonment if he’s convicted, though most first-time offenders in non-violent cases are sentenced to probation and fines instead. The decision ultimately lies with the judge who is not required to imprison Trump if he’s convicted by a jury.  The 34 charges Trump faces are all considered class E felonies in New York, the lowest tier of felony charges in the state, which carry a maximum sentence of four years each. It’s expected that the judge would impose a concurrent sentence so that Trump would serve all prison time simultaneously- four years maximum- if he goes that route.  But given Trump’s age, 77, lack of prior conviction, the fact that he’s the first former President to ever be criminally tries, and that he may become President again, legal experts say there’s no guarantee that a conviction would result in jail time. Instead, it’s more likely that Trump is sentenced to pay a fine and serve a form of supervision time if he’s found guilty, perhaps reporting regularly to a civil servant at the city’s Probation Department. Under a probation sentenced, he could be jailed immediately for committing additional crimes.
3. If Trump is convicted in this trial and elected President again, he would not be able to try to pardon himself. Falsifying business records is a state crime and only the New York governor, a Democrat, could pardon him.
4. If Trump is convicted, he will almost certainly appeal the verdict- a process that could take months or longer to play out. He would likely first take the case to the Appellate Division in Manhattan and ultimately seek review from the state’s highest court, the Court of Appeals in Albany, which has already ruled against Trump’s multiple requests to delay the trial. The lengthy appeals process would be unlikely to wrap up before Election Day.
5. Trump’s being able to vote has yet to be determined. For Trump to lose his voting rights, he would need to be incarcerated at the time of the November election, a scenario that is technically possible but unlikely given his anticipated appeal of any guilty verdict. While the U.S. Constitution does not explicitly address whether convicted felons have the right to vote, several states impose limitations on felon’s voting privileges. In Florida, where Trump lives and has voted since 2020, a felon’s eligibility to vote depends on the laws of the state where the conviction occurred- in this instance, New York, which only revokes a felon’s voting rights while they are incarcerated. Therefore, if Trump receives a probationary sentence and resides in the community, he would maintain his eligibility to vote. Likewise, if his appeal of a jail sentence were to extend beyond the election, he would be able to vote.