The jury in the first criminal case in U.S. history against a former president who occupied the Oval Office, Donald Trump, has begun deliberations on a tense day, reflecting the heightened scrutiny across the nation.
With seven men and five women weighing the outcome, the case could shape not only the former president’s fate but also the Republican nomination for the November election, where polls show him ahead of Joe Biden.
Trump faces 34 counts tied to accounting practices connected to a payment made to hush Stormy Daniels, with prosecutors arguing the charges were part of an effort to influence the 2016 election.
A unanimous verdict is required; if the jurors fail to agree, the trial would end in a hung verdict and prosecutors would start anew. If the full panel reaches a verdict of not guilty on all counts, the case would be over with no chance for a retrial on the same charges.
The jury could also find him guilty on all counts or on specific charges. Each possible outcome opens an unprecedented political and legal landscape, prompting a set of common questions. Here are answers to six questions that arise if Trump is found guilty.
1. When would the sentence be announced?
There is no fixed date. After the verdict, Judge Juan Merchan would sentence Trump. In New York, criminal cases often resolve within a month after the verdict, but there is no rigid timetable.
2. Could Trump appeal?
Yes, and it is to be expected. The initial appeal would go to a local appellate court and could move up to the New York Court of Appeals in Albany, potentially reaching the Supreme Court.
3. Could Trump go to jail?
The likelihood is uncertain and would depend on Merchan’s decision. Each Level E felony in New York, the lowest category for felonies, carries sentences from about 15 months to four years, plus possible fines.
If convicted on multiple counts, the sentence could run concurrently, though many experts believe Merchan might allow concurrent terms. While the judge has signaled a strict stance on white-collar crimes and warned of possible prison, he could also opt for lenient measures such as probation, especially considering Trump’s age and lack of prior criminal history despite other ongoing cases.
The impact of appeals on a potential sentence would shape whether probation is allowed during appeal or if a separate criminal exposure accompanies it.
In that scenario, Trump might appear before New York’s Probation Department to meet conditions. Committing another crime during probation could trigger immediate imprisonment.
Another route would be to release him with no probation conditions if no additional offenses occurred, or to impose community service.
4. If imprisoned, where would he serve?
Exact placement is uncertain, but a sentence could begin in New York City facilities if no time is involved beyond a year. If the sentence is under a year, Rikers Island, a controversial jail complex near Manhattan, the Bronx, and Queens, is likely for short-term confinement. Some high-profile inmates have spent brief periods there with access to medical care.
For longer sentences exceeding a year, confinement would occur in facilities managed by New York State’s Department of Corrections and Community Supervision. Regardless of location, the logistics would be immense, given the constant security needs for the former president and candidate.
Reports note that security officials have already discussed contingency plans with local, state, and federal authorities, including potential isolation from other inmates and careful scrutiny of food and personal items. A steady presence of Secret Service agents would be required to maintain custody around the clock, with heightened precautions given the high-profile nature of the case. Firearms are not allowed in prisons, but agents could be armed for security purposes if the setting permits.
If the punishment were more severe, Trump could be placed in one of the state’s 44 correctional facilities. The overall process would remain a major logistical challenge for safeguarding his daily life behind bars and protecting his safety and the public.
Media reports indicate ongoing assessments of security logistics, inmate management, and the safety of meals and possessions. The Secret Service would work in shifts to ensure continuous protection, even as other security arrangements are adjusted to maintain safety for all involved.
5. Could Trump remain a candidate?
Yes. There is no prohibition in U.S. law against running for president while facing criminal charges. He would be the first major-party presidential candidate to contend for office while under a conviction, and some observers compare his potential path to figures who persisted despite adversity to pursue their goals.
6. Could Trump become president?
Yes. The Constitution sets minimal requirements to hold the presidency and does not bar a convicted individual from serving as president. One must be a natural-born citizen, at least 35 years old, and meet other standard qualifications. In theory, a person could win the presidency and serve from confinement, though such a scenario would be fraught with legal and constitutional complications and would likely prompt intense debate about the practicalities and implications for governance.