Rochester attorney explains what’s next for Trump after felony conviction: The pre-sentence investigation
ROCHESTER, N.Y. — Every single person convicted of a felony in New York goes through a pre-sentence investigation. That’s going to happen to Donald Trump.
News10NBC Chief Investigative Reporter Berkeley Brean talked to a lawyer who has sat through these investigations.
“President Trump will be expected to appear personally at the probation department at the locality where he was convicted,” said David Abbatoy, a Rochester appeals attorney.
Abbatoy exclusively handles cases after convictions. Brean asked him what happens in the interview.
Berkeley Brean, News10NBC: “What kind of questions do the probation officers ask?”
David Abbatoy, Rochester appeals attorney: “They’re going to ask basic questions about his social history and pedigree information like who his close associates are and family members and what not. … They’ll also ask him questions about the case itself.”
Berkeley Brean: “Are they after him to say, “Yes, I did it. I’m guilty and I’m sorry about it”?
David Abbatoy: “I don’t think the probation officers are looking for any particular response.”
Berkeley Brean: “What do you advise your clients to say or not say in these interviews?” (15) “
David Abbatoy: “For my part, in a case where a person has throughout claimed their innocence and have an appeal coming up, my advice would almost exclusively be not to speak about the underlying facts of the crime at all.”
The right to remain silent doesn’t end at a conviction. But here’s the dilemma: The answers in the pre-sentence investigation can affect the sentence. Even though judges can’t hold it against a defendant if they don’t show remorse, it’s not uncommon for judges to look for some contrition.
Trump was convicted of falsifying business records. There are usually two to three dozen of those cases a year in Monroe County. Most of the time the defendants plead guilty and get probation at the most. The only time people have gone to prison for it is if it’s connected to a more serious crime.
News10NBC obtained Trump’s verdict sheet from the state court filing. It shows each charge, the check or invoice number, and the amount. It appears below.
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