Another option for Judge Merchan with respect to sentencing: Interim Supervised Probation.

[onenote]

There has been lots of speculation in the media and on line, including here, as to what sort of sentence Trump will receive from Judge Merchan. It seems like most feel it is likely Trump will get sentenced to period of probation, although some suggest he could get house arrest, community service, and/or a period of incarceration.

One option I haven't seen mentioned, even by the "experts" is something called "Interim Supervised Probation". It is described by the New York Office of Probation and Correctional Alternatives as follows: "When the court determines that a person is eligible for a probation sentence and the defendant agrees, the court may adjourn the sentencing for up to one year from the date of conviction by virtue of a defendant’s plea or a finding of guilt and place a defendant under interim probation supervision. Please note that being placed on interim supervision does not guarantee a sentence to probation at the end of the interim period. In addition, if a defendant satisfactorily completes a term of interim probation supervision, he or she shall receive credit for the time served under the period of interim supervision toward any probation sentence that is subsequently imposed in that case. Interim supervision may be terminated prior to the end of the term and may result in a sentence to incarceration based on the individual’s performance while under interim supervision."

In effect, Judge Merchan could kick the can down the road by giving Trump one year of interim supervised probation, with a final determination of his sentence, including whether it should include a period of incarceration, to be made after that one year period.

https://www.criminaljustice.ny.gov/opca/general_faq.htm#7

[bullimiami]

1. WHY? Cohen. Same crime. At Trumps direction.

Remorseful, cooperative. Jail.

MF. Recalcitrant. Multiple gag order.violations. Uncooperative and unrepentant.
The director of the conspiracy.

No jail time. No fucking way that’s right.

[onenote]

2. Cohen was not sentenced for the same crime Trump has been convicted of committing.

Trump has been convicted of multiple counts of a single state crime -- falsifying business records. Cohen was sentenced for the following federal crimes -- One count of False statements to a bank for failing to disclose material information on loan applications between 2013 and 2016, with a maximum sentence of 30 years; Tax Evasion -- five counts for concealing $4 million in income between 2012 and 2016, with a maximum sentence of 5 years for each count; Unlawful corporate campaign contribution, one count and making an excessive campaign contribution, also one count, both related to the hush money scheme and each subject to a five years maximum sentence. In addition Cohen subsequently was convicted in federal court of lying to Congress about the Trump Tower Moscow project, which exposed him to another five year maximum sentence.

In all, he only was sentenced to three years for the false statement to banks, tax evasion and campaign finance violations, with another two months tacked on for lying to Congress. Only the two campaign finance charges were directly related to the hush money scheme.

In short, comparing Cohen's punishment for federal crimes to Trump's state crimes is comparing apples to oranges. A complete description of the crimes that were at the center of Cohen's punishment can be found here:https://www.justice.gov/usao-sdny/pr/michael-cohen-pleads-guilty-manhattan-federal-court-eight-counts-including-criminal-tax

[bullimiami]

4. It became a felony due to the same conspiracy that caught up cohen.

[onenote]

5. But if the only federal crimes Cohen had been charged with were the two counts related to the hush money scheme

he might well have only gotten probation, particularly when you consider he only got three years for a series of crimes that included one with a maximum 30 year sentence that were unrelated to the hush money scheme. It is not unknown for federal campaign law violations to result in a probation sentence rather than jail time.

So, as noted, comparing Cohen's punishment to whatever Trump gets is comparing apples to oranges.

[wnylib]

6. Cohen was also convicted of other, more serious crimes and

that's what he served time for. So, no, not jail for the same crime.

[NanaCat]

7. Sigh

You are literally comparing oranges to apples here. I don't know if you realise this, but sentences vary based on the crimes and jurisdictions. Courts don't sentence people convicted of petty theft in Georgia the way they do those convicted of manslaughter in Michigan, for instance.

So now let's look at why TSF will likely get a lighter sentence than Cohen did. Ready?

TSF was convicted of literally the lowest level of felony in NY state court.

Cohen was convicted of a more serious felony in federal court.

Are you getting it now?

Different crimes/severity of crimes + different jurisdictions = different sentences.

So stop thinking they'll get the same sentence. Because they won't.

[IbogaProject]

3. OK with public community service

I want him to have to be out doing things for the public not some shady right wing non-profit.