1. Forum
  2. Usenet
  3. MISC.LEGAL.MODERATED

  • Getting suspended sentence unsuspended

    From micky@21:1/5 to All on Sun Apr 28 12:41:26 2024
    Assuming trump is convicted on the hush money election interference
    trial, would it be possible to sentence him to, say, 3 years suspended sentence, with the condition that he stop complaining that the judge or
    jury or prosecutor was corrupt, and stop using the word witchhunt**,
    with the warning that the sentence could be reactivated if he did?

    Or is that a 1st Amendment violation?

    I presume there is no way to stop anyone from cointinuing to say he's
    innocent.


    This would be his first conviction for a non-violent crime, so I figure
    it's likely he'd get a suspended sentence. If he's convicted in Federal
    or Georgia court, would those courts then be working on a second
    conviction, or is the fact that it's a different jurisdiction mean that
    it's still a first conviction from the pov of Fed and Georgia courts.

    This would affect a lot of people who commit crimes and then move to
    another state.


    **A silly objection. Not all witches are female and the male ones
    should also be hunted and eliminated.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Stan Brown@21:1/5 to micky on Sun Apr 28 15:40:42 2024
    On Sun, 28 Apr 2024 12:41:26 -0700 (PDT), micky wrote:
    Assuming trump is convicted on the hush money election interference
    trial, would it be possible to sentence him to, say, 3 years suspended sentence, with the condition that he stop complaining that the judge or
    jury or prosecutor was corrupt, and stop using the word witchhunt**,
    with the warning that the sentence could be reactivated if he did?

    Well, anything's possible, I suppose. But in my opinion that is an
    incredibly unlikely outcome. The judge in this case already has ample
    evidence that Mr. Trump disregards any curbs on his speech, so giving
    a suspended sentence on condition of curbing his speech is a non-
    starter.

    Or is that a 1st Amendment violation?

    Ordering him to stop slandering people? Of course it's not.

    --
    Stan Brown, Tehachapi, California, USA https://BrownMath.com/
    Shikata ga nai...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to micky on Mon Apr 29 08:18:32 2024
    "micky" wrote in message news:0d4t2jtlhvt0olv6no71upoocjl33u802i@4ax.com...

    Assuming trump is convicted on the hush money election interference
    trial, would it be possible to sentence him to, say, 3 years suspended >sentence, with the condition that he stop complaining that the judge or
    jury or prosecutor was corrupt, and stop using the word witchhunt**,
    with the warning that the sentence could be reactivated if he did?

    Or is that a 1st Amendment violation?

    I presume there is no way to stop anyone from cointinuing to say he's >innocent.


    This would be his first conviction for a non-violent crime, so I figure
    it's likely he'd get a suspended sentence. If he's convicted in Federal
    or Georgia court, would those courts then be working on a second
    conviction, or is the fact that it's a different jurisdiction mean that
    it's still a first conviction from the pov of Fed and Georgia courts.

    This would affect a lot of people who commit crimes and then move to
    another state.


    **A silly objection. Not all witches are female and the male ones
    should also be hunted and eliminated.


    Think of it like signing a non-disclosure or confidentiality agreement after
    a lawsuit settlement. You agree to the terms and as part of the agreement,
    you agree not to talk about the case. In this case, he would sign an agreement that waives the prison term in return for him not discussing any aspect of the case. If he violates the agreement, he goes to prison to
    serve out the sentence.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Michael Thompson@21:1/5 to micky on Wed May 1 17:40:39 2024
    On Sun, 28 Apr 2024 12:41:26 -0700 (PDT), micky <misc07@fmguy.com> wrote:

    Assuming trump is convicted on the hush money election interference
    trial, would it be possible to sentence him to, say, 3 years suspended >sentence, with the condition that he stop complaining that the judge or
    jury or prosecutor was corrupt, and stop using the word witchhunt**,
    with the warning that the sentence could be reactivated if he did?


    No, he would have to violate the conditions of his probation such as
    breaking a criminal law or refusing to pay a fine or restitution.

    Of course, after the criminal trial is over any one can sue him for
    defamation in civil court. Then he could owe $80M to more people.

    YMMV. IMHO.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)