The end of Trump’s bribery trial is approaching. What can you expect?

The first criminal trial against an American president comes to an end in Manhattan Criminal Court after five weeks of extraordinary testimony and antics.

Donald Trump is charged with 34 counts of illegally falsifying business records to conceal a $130,000 payment to porn actress Stormy Daniels a month before the 2016 presidential election to ensure her silence about an alleged sexual encounter in 2006.

Trump denies both the relationship and the accusations against him.

Since April 15, jurors have heard testimony from a host of colorful characters connected to the case, including former Trump fixer Michael Cohen, former tabloid boss David Pecker and Daniels herself.

Meanwhile, outside the courtroom, the American public has heard Trump make comments to reporters every day, railing against the case and those involved.

But when the opportunity came for Trump to speak on the witness stand, he backed out.

Now, both the prosecution and the defense have concluded their arguments, and final arguments are scheduled for Tuesday, May 28.

The jury will then begin deliberations to decide the fate of the former president.

As the trial nears its end, here’s what to expect:

What if Trump is found guilty?

Prosecutors “elevated” the misdemeanors (falsifying business records) to felony status on the grounds that he falsified documents in an effort to commit or conceal another crime. Those other alleged crimes include election conspiracy and campaign financing and tax law violations.

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Former President Donald Trump appears in court with his lawyer Emil Bove on Tuesday, May 21, 2024 (getty)

If convicted, Trump could theoretically face more than a decade in prison.

The maximum penalty for each class E felony charged is four years in prison, which would add up to 136 years behind bars, although New York imposes a cap of 20 years in prison for these types of crimes. The decision on whether the sentences are carried out simultaneously or consecutively would also be up to the judge.

Since Trump has no criminal record and the alleged crimes are not violent in nature, he likely will not face jail time. Rather, New York Judge Juan Merchán could impose other sanctions such as fines, probation or supervised release instead of jail.

Of course, Trump could be found guilty on some of the 34 charges and acquitted on others.

Even if he does not face prison time, a guilty plea could hurt Trump’s chances in the November election. In a Reuters/Ipsos poll conducted in April, one in four Republicans indicated that they would not vote for their party’s candidate if they were a convicted felon.

What if Trump is acquitted?

If Trump is found not guilty of all charges, he could not be tried again for the same crimes.

This is due to the double jeopardy clause of the Fifth Amendment of the United States Constitution, which prohibits someone from being prosecuted twice for the same crime.

What if the jury is out?

Under New York law, criminal trials require a jury to reach a unanimous verdict to convict a defendant.

Therefore, only one dissenting opinion among the jurors would be needed for the case to be declared a mistrial.

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Judge Juan Merchán watches as Trump lawyer Todd Blanche questions Michael Cohen on Monday, May 20, 2024 (Jane Rosenberg/Reuters)

If the disagreement is due to a minority—for example, if 11 agree and only one opposes—New York Judge Juan Merchán would urge them to resume their deliberations in the hope of finding common ground.

But if a consensus is not reached, the judge would be forced to annul the trial.

In the event of a mistrial, Manhattan District Attorney Alvin Bragg could retry the case.

It is also possible that the jury will reach a consensus on some of the charges, but not all, which could lead the judge to accept a partial verdict. In that case, prosecutors could also retry Trump on the same charges.

When will you receive your sentence?

If Trump is found guilty, Judge Merchán could choose to sentence him immediately or set a sentencing hearing for a later date.

Could Trump appeal?

Yes, Trump could appeal the verdict.

Any initial appeal would first be heard by the First Department of the Appellate Division of the New York Supreme Court and, if unsuccessful, could be appealed to the New York Supreme Court.

An appeals process is unlikely to be concluded before election day on November 5.

 
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