General Discussion

Bernardo de La Paz

(60,320 posts)

29. New York

Fri Jan 10, 2025, 06:58 PM

Jan 2025

Despite media reports, Rubenfeld insisted that Trump is not yet a convicted felon because one is not considered convicted until the judge enters that judgment of guilt. In New York, it’s likely that Judge Merchan will enter that judgment of guilt against Trump on the same day he issues sentencing – July 11th.

https://bostontimes.org/2024/06/09/trump-guilty-but-not-convicted/

Hard to find info, but it seems that the are two phases, not one, and one of them can overlap or always overlaps a third phase.

1. Judgement (commonly called conviction)
2. Entry of Judgement, happens in Court as far as I can tell.
3. Sentencing.

Phase 2 and 3 seem to always or usually overlap, and that in this specific case they were scheduled to overlap. I remember there being speculation in October that if he never set foot in New York, he would not be a felon (with complications), and it seems that is because of phase 2 not yet done.

Best I can find, sorry.

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Judge Merchan did not sentence TSF, he merely concluded the proceedings. [View all] bluesbassman Jan 2025 OP

45 does not care if he is a convicted felon, only that he does not serve jail time.. This will only embolden him.nt mitch96 Jan 2025 #1

He cares very much, otherwise he wouldn't have tried to postpone the sentencing Ocelot II Jan 2025 #3

He did all that for sport. He is an asshole. Klarkashton Jan 2025 #5

"If he didn't care he wouldn't be ranting about it".I think he rants about anything that attacks him. It's in his nature mitch96 Jan 2025 #6

It was procedurally significant, though, because even though no punishment was imposed, Ocelot II Jan 2025 #2

But why does he care? bluesbassman Jan 2025 #4

Presidential tolling dpibel Jan 2025 #9

You're an expert on NY law? I'm not, but your statement contradicts all the reports I've read. . . . nt Bernardo de La Paz Jan 2025 #7

How so? bluesbassman Jan 2025 #8

"the jury had previously convicted the POS so he was already a felon." I don't think you know NY law. . . . nt Bernardo de La Paz Jan 2025 #10

You're correct, I'm not a NY attorney. However the NY Bar probably knows the law fairly well. bluesbassman Jan 2025 #11

DoJ disagrees. Your link does not specifically address the point because it is a tutorial, not a legal analysis Bernardo de La Paz Jan 2025 #14

That's the DOJ - Federal law. bluesbassman Jan 2025 #22

It says "United States practice", not Federal. It would say the latter it was the latter, bc DoJ is, you know, Federal.n Bernardo de La Paz Jan 2025 #25

"United states" in the legal context often means specifically the federal government unblock Jan 2025 #28

New York Bernardo de La Paz Jan 2025 #29

This is becoming a bit comical. bluesbassman Jan 2025 #32

I got it from NY State Law pages. I was trying to explain the many articles that make the distinction to you Bernardo de La Paz Jan 2025 #34

"NY Bar's word": whoosh. It is their SIMPLIFICATION. Read your own link's preface! Bernardo de La Paz Jan 2025 #35

So after he was found guilty MorbidButterflyTat Jan 2025 #12

In ordinary parlance, yes, a "felon". But as they say "The law grinds slowly but it grinds very finely" Bernardo de La Paz Jan 2025 #15

I agree. Lack of a sentence does not vacate the felony convictions. CoopersDad Jan 2025 #13

Correction: Lack of a sentence does not vacate a jury verdict . . . markpkessinger Jan 2025 #20

Joke of a crimimal justice system in this country and I for one will never participate again. Fuck em. Comfortably_Numb Jan 2025 #16

No. Judge Merchan didn't "merely conclude a proceeding." He sentenced the jury-convicted defendant. ancianita Jan 2025 #17

Get back to me when ANY of those things happen to TSF. bluesbassman Jan 2025 #24

And not one of them will enforce it against His orange majesty. orangecrush Jan 2025 #33

Excuse me, but that very impressive list of lost rights, is 100% null an d void the as soon as he is officially "sworn msfiddlestix Jan 2025 #26

Yes Merchan was just officially saying goodbye to Trump and ending the proceedings. Irish_Dem Jan 2025 #18

There was a sentencing. It was one with no penalty, but it was a sentencing, Ocelot II Jan 2025 #19

I am speaking in psychological terms, not legalese. Irish_Dem Jan 2025 #31

There was a sentencing, just one with no penalty. TomSlick Jan 2025 #21

I am talking psychology and reality. Irish_Dem Jan 2025 #30

Ah, but now we're in my world. TomSlick Jan 2025 #36

Merchan: [protections] did not reduce the seriousness of the crimes or erase the jury's verdict. CoopersDad Jan 2025 #23

There is karma............. Lovie777 Jan 2025 #27