Donald Trump Probation Interview: Everything We Know

Former President Donald Trump is expected to be questioned Monday by New York probation officials as part of proceedings following his recent conviction in his criminal hush money case, according to the Associated Press.

Trump, the presumptive Republican nominee for the 2024 presidential election, was convicted last month of 34 counts of falsifying business records. These charges relate to money paid to adult film actress Stormy Daniels shortly before the 2016 presidential election. Manhattan District Attorney Alvin Bragg claimed the payment was intended to prevent Daniels from speaking publicly of his alleged affair with Trump in 2006, which he denies took place. The former president maintained his innocence and argued that the case was politically motivated. His legal team plans to appeal the verdict.

Each count is a class E felony, which under New York state law is punishable by a fine and up to five years in prison. Trump's sentencing is scheduled for July 11, and it remains unclear what punishment Judge Juan Merchan, who is overseeing the case, will impose. The former president could face probation, house arrest or prison time. If he is sentenced to prison, Trump's defense team could ask that he be released on his own recognizance or allowed to post cash bail to avoid imprisonment while appealing the verdict.

News week contacted Trump representatives by email for comment Sunday evening.

In preparation for his sentencing, Trump will participate in a pre-sentencing interview with New York probation officials via online video conference from his Mar-a-Lago residence in Palm Beach, Fla., according to the AP, which cites three anonymous sources.

The sources, according to the AP, were not authorized to release the news publicly and spoke only on condition of anonymity.

Todd Blanche, one of Trump's defense attorneys, will be present for the interview, the outlet reported.

Typically, individuals convicted of crimes in New York meet with probation officers without their attorneys. However, Merchan authorized Blanche's presence, according to a letter he released last week, the AP reported.

Pre-sentence probation interviews are conducted to prepare a report for the presiding judge. This report provides an overview of the defendant's background to help determine the appropriate sentence, according to the New York State Unified Court System.

The court system explains that a probation officer, or a social worker or psychologist working for the probation department, interviews the defendant and reviews their criminal record. The probation officer may also speak with the crime victim, the arresting officer, and the defendant's family and friends. The pre-sentence report includes details about the crime, the accused's personal history, criminal record, and a victim impact statement. It also provides sentencing recommendations.

“The pre-sentence report is an opportunity for the defendant's attorney to present positive information about the defendant,” the court system notes, adding that this may include participation in counseling programs, employment status or care responsibilities. The report also allows the victim of the crime to describe their suffering and losses.

“The pre-sentence interview is an opportunity for the defendant to make a good impression and explain why he or she deserves a lighter sentence,” according to the New York State Unified Court System.

The incarceration of a former president would raise several logistical questions that have never needed to be answered before, namely how the U.S. Secret Service would continue to provide around-the-clock protection, as required by law. Gregory Germain, a law professor at Syracuse University, previously said News week that imprisoning a major political party's leading presidential candidate “would also create a constitutional crisis, and I would expect emergency motions to suspend the sentence pending appeal.”

“I think a prison sentence is unlikely for a first class E non-violent felony,” Germain added. “Any other defendants will get probation, and I think it will be very difficult for the judge to justify a prison sentence for a criminal record violation.”