Can Donald Trump appeal the guilty verdict?
Questions are swirling around what will be next after the first former US president in history was found guilty of felony criminal charges.
The verdict handed down on Thursday by a Manhattan jury that listened to testimony in Donald Trump’s hush money payments case found the former US president guilty on all 34 felony counts. For opponents of Trump there was jubilation, while his supporters decried the whole judicial system.
The verdict was the result of twelve peers of the defendant being presented with evidence by the prosecution that Trump had falsified business documents with the purpose of interfering in the results of the 2016 election which they found to be credible beyond a reasonable doubt. Trump’s defense team only had to sway one juror that their client was not at the center of the conspiracy in order to get a mistrial which they failed to do.
However, this case is far from over with a long road still ahead.
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Can Donald Trump appeal the guilty verdict?
Had the jury acquitted Trump, that would have been the end of the story for the prosecution’s case as the United States legal system does not allow for double jeopardy. You cannot be tried for the same crime twice by the same judicial system, with some very limited exceptions.
However, like all defendants found guilty, Trump can appeal the decision which he is expected to do as he has done time and again previously. Likewise, his defense team called for a mistrial during the month-long proceedings as well as an acquittal after Trump was found guilty. Judge Juan Merchan, who is overseeing the case, rejected those requests.
When will Trump appeal the guilty verdict?
Trump will now face a sentencing hearing on 11 July, where Judge Merchan will determine the punishment. Each count carries with it the potential for a prison term of up to four years and a $5,000 fine.
Once he is sentenced, Trump will have 30 days to file a notice of appeal, which simply informs the court of his intention to do so. He and his legal team will then have six months to file a full appeal to get the ball truly rolling.
As for the sentence that Judge Merchan may give, expectations are that Trump will not see the inside of a jail from the guilty verdict. While the sheer possibility of incarceration has most likely had the Secret Service and corrections officials preparing for that scenario according to former Manhattan prosecutor Duncan Levin, he told CBS News that he thinks the judge will opt for home arrest followed by probation.
For the time being though, Trump is a freeman as the prosecution did not ask him to post any bond as he awaits sentencing.