• elliot_crane@lemmy.world
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    5 months ago

    In the state of New York, you serve time while awaiting appeal. If the judge opts to remand him to house arrest, which I think is the most likely outcome, his ass is staying put until his next court date.

      • elliot_crane@lemmy.world
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        5 months ago

        NYS BAR Association: https://nysba.org/NYSBA/Publications/LegalEASE Pamphlet Series/PUBS_LegalEase_YourRIghtsToAppealInCriminalCase_final.pdf

        Bear in mind that the sentence imposed by the lower court will go into effect while the appeal is being considered by the appellate court unless the trial judge or appellate court stays the sentence or a part of it (orders that it not go into effect). The order staying the judgment of conviction and sentence may include a requirement to post bail.

        The “unless” (emphasis mine) is the operative word. The trial judge can choose to exercise discretion, but is under no requirement to specify any changes upon receiving an appeal.

        That is to say, the default procedure is, as I said above, the convicted party serves their sentence during the time the appeal is being processed and considered.

        • disguy_ovahea@lemmy.world
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          5 months ago

          You’re technically correct, but your comment may have mislead others to think remaining incarcerated was likely. It’s far more common to allow for exceptions during appeal of a nonviolent crime. He’ll also gain favor as a former President, as the judge will determine eligibility based on character and previous record.

          With that being said, I don’t think sentencing will include prison time, due to the fact that they’re nonviolent class E felonies. I hope I’m wrong.

          • Ragnarok314159@sopuli.xyz
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            5 months ago

            He will also likely never go to a real prison. I hate that draft dodging piece of garbage, and it warms my crusty, veteran heart that now since he is a felon he is not allowed to be buried with military honors and any honors he receives are illegitimate, but he was a president and thus exploded to a lot of classified information.

            His bitch ass would sing like a canary if he was in Gen pop and we would lose even more security because of it. Him being in his own private island like Napoleon (2nd time) would be ideal. Let him sit there in isolation, get his meals, and fade away into nothing.

            Then he has hell to look forward to, along with all his supporters.

    • catloaf@lemm.ee
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      5 months ago

      That’s assuming they actually sentence him to any kind of confinement and not just a really big fine (that he can’t and won’t pay anyway).

      • Olhonestjim@lemmy.world
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        5 months ago

        I mean, that judge is NOT happy with Trump, and has already lamented the fact that fines mean nothing to him.

        • bamfic@lemmy.world
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          5 months ago

          Ooh this is an interesting point! I wonder if the continual fines having no effect to stop him from violating the gag order will give the judge a very defensible reason to sentence for something other than a fine.

    • soul@lemmy.world
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      5 months ago

      While that may mean there is a technical component to it, that’s not what people mean when they’re thinking about it. Being put into a prison is what people are referring to and that isn’t likely to happen.