New York – Should the defense of the convicted Republican presidential candidate of the United States, Donald Trump, decide to appeal the guilty verdict against him issued by a New York jury in the case for falsification of business records, as stated predicts, the process could extend for months or even years.
The above means, according to an article published on NBC, that if Trump manages to have a higher forum overturn his conviction, the process would not be completed before Election Day, November 5.
The expectation is that Trump’s lawyers will file an appeal, as the former president has taken that action before in other court cases as a means of delaying proceedings or eventually taking his case to a court that can side with him.
Just after a jury in New York yesterday declared Trump guilty of the 34 charges filed against him, his lawyer Todd Blanche asked Judge Juan Merchan to acquit his client of them. Merchan rejected the pro forma request.
Over the course of the proceedings in Manhattan Criminal Court, the legal team has taken steps to preserve their right to appeal a potential guilty verdict, such as by examining the judge’s decisions on testimony and evidence.
Where would you start the appeal process?
An appeal of the verdict would have to be made to the New York Department of the First Judicial Appellate Division.
If that forum upholds the conviction, Trump can appeal to the New York Court of Appeals.
The former president was found guilty of willfully and knowingly falsifying reimbursements to his then-legal advisor Michael Cohen in the amount of $420,000 before the 2016 election, with the intention of concealing the payment to porn actress Stormy Daniels so that she could did not talk about the sexual adventure they had.
Trump will not abandon the presidential race
Despite the verdict, Trump can remain in the race for the presidency, since there is no provision in the Constitution that prohibits a criminal from aspiring to the highest position in the country.
The one in New York is not the only criminal case underway against the Republican. Trump must respond to allegations in three other legal proceedings, including one for electoral interference in Georgia linked to the dispute over the results of the last elections. However, the one in the Big Apple would be the only one with a conclusion before the general elections.
Sentencing is scheduled for July 11
Trump’s sentencing is scheduled for July 11. The judge ordered the parties to file any motions by June 13.
As part of the processes, the convict must be interviewed by a probation officer for a presentence report.
Trump’s lawyers could well try to push back the sentencing date to take place after November 5. However, it is unlikely that Merchan will grant the request without a truly compelling reason.
The charges against Trump in NY are Class E, the least serious under local law. Each count carries a maximum sentence of four years in prison. The sentence could include fines and restitution, probation or other conditions.
Merchan has discretion to determine the sentence, and may take into consideration multiple factors in reaching the decision, including Trump’s behavior during the process.
Aspects such as the age of the convict (Trump is 77), and the fact that he had no criminal record could also influence the judge’s resolution.
Keep reading:
Donald Trump’s donation website reached 82,000 donors after being found guilty
“It was a rigged trial, we are going to continue fighting until the end”: Trump claims his innocence after being found guilty
Biden campaign spokesperson weighs in on Trump’s verdict: “No one is above the law”