By Daily Mail (U.S.) | Created at 2025-01-10 13:45:11 | Updated at 2025-01-10 16:21:03
2 hours ago
In an unprecedented moment in U.S. history, President-elect Donald Trump faces sentencing on Friday in the Stormy Daniels hush money case in New York.
The sentence will be handed down in an austere Manhattan courtroom by Judge Juan M. Merchan, a New York state judge, who oversaw Trump's trial last year.
At the end of the trial in May, Trump was found guilty of 34 felony counts of falsifying business records.
The seriousness of the charges meant it was open to the judge to impose a jail sentence.
However, under New York state law they were 'E' level felony charges, meaning a jail sentence is not mandatory.
A fine or probation were also sentences that could have been imposed.
But Judge Merchan has since indicated he plans a 'no-penalty' sentence called an 'unconditional discharge.'
An 'unconditional discharge' means no jail time, no probation, and no fines for Trump, but it will go on his permanent record.
Other defendants who have received the same sentence included some convicted of speeding or not having proper license plates.
The sentence means Trump will be a convicted felon.
Ten days after his sentencing he will become the first person convicted of a felony to assume the U.S. presidency.
Donald Trump is receiving an 'unconditional discharge' meaning no jail, fine, or probation
Judge Juan Merchan decided not to send Trump to jail
Prosecutors are not opposing the judge over his stated intention.
An unconditional discharge is a rarity in felony convictions such as Trump's.
The judge has said he is handing it down partly to avoid complicated constitutional issues that would arise if he imposed a penalty that overlapped with Trump's upcoming presidency.
Nothing is final until Friday's proceeding is done but there seems no likelihood of the judge changing his mind.
Under New York state law an 'unconditional discharge' is described as a sentence 'without imprisonment, fine or probation supervision.'
It is an option when a judge is of 'the opinion that no proper purpose would be served by imposing any condition upon the defendant’s release.'
Donald Trump reacts as the verdict is read in his criminal trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, at Manhattan state court in New York City, U.S. May 30, 2024
onald Trump attends his criminal trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels
Other New York cases in which 'unconditional discharges' have been used previously include marijuana offenses, and defendants not paying taxes.
It has also been used in cases where defendants have been convicted of trespassing, or refused to take a sobriety test when caught driving under the influence.
A lawyer received an unconditional discharge after being convicted of submitting false payment vouchers, and another lawyer was given that sentence for a charge of official misconduct.
