Trump may also be free on bail while he appeals his conviction.
Republican presidential candidate Donald Trump will go on trial in New York on Monday on charges of illegally covering up hush-money payments to porn stars.
But what happens if a jury convicts the former President of the United States and a judge delivers his verdict before the November election?
Will Trump go to jail?
It’s unclear what sentence, if any, a judge might impose if Trump is convicted.
Prosecutors have charged Trump with 34 felony counts of falsifying business records, but he has pleaded not guilty. The maximum sentence for this crime is 1-1/3 to four years in prison, but in cases involving incarceration, defendants are often sentenced to one year or less.
But Trump would be a first-time offender of a nonviolent crime, and it’s rare for someone with no criminal record to go to jail in New York solely on charges of falsifying business records. Penalties such as fines or suspended sentences are more common.
If punished with more than a fine, Trump could be placed under house arrest or under a curfew rather than jailed.
As a former president who has served with the Secret Service his entire life, the logistics of keeping him safe behind bars could be complicated.
Trump may also be free on bail while he appeals his conviction.
If Trump is convicted, can he still be president?
Yes. The U.S. Constitution only requires that the president be 35 years old and a U.S. citizen who has lived in the country for 14 years.
Neither a criminal conviction nor a prison sentence would affect Trump’s eligibility for office. In theory, if he wins election after being convicted and sentenced, he could be sworn in from jail, prison or home confinement.
He was unable to pardon himself in the hush-money case because he was charged with state rather than federal crimes, and presidential pardon powers only apply to the latter.
What impact would a conviction have on the election?
Trump has used the four criminal cases against him to gain a fundraising advantage, claiming they are part of a political conspiracy. His campaign’s financial filings from last year show a surge in donations after he was indicted.
But in a February Reuters/Ipsos poll, only half of Republicans said they would vote for Trump if a jury convicted him.
A Reuters/Ipsos poll this month found that a clear majority of voters believe the criminal charges against Trump in New York are serious. About a quarter of Republican respondents said in an April poll that they would not vote for Trump if a jury convicted him of a felony.
What about other cases?
Trump has been charged in Georgia and Washington state over his efforts to overturn his 2020 election loss to Democrat Joe Biden, and in Florida over his handling of classified documents after leaving office.
It is unclear whether the cases will go to trial before the Nov. 5 election.
Because the cases in Washington and Florida are heard in federal court, if Trump wins the election, he could end them by appointing an attorney general who can dismiss them. It is also possible for him to pardon himself.
The cases in Georgia and New York were filed in state courts, so Trump can neither pardon himself nor end the cases by firing the prosecutors who brought the cases.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
