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Hunter Biden’s Legal Challenges: What Comes Next?

Hunter Biden's conviction on three felony gun-related charges introduces significant legal and political challenges. Learn about the next steps, potential prison time, and the broader implications for the Biden family and the justice system.

Hunter Biden, accompanied by First Lady Jill Biden and his wife, Melissa Cohen Biden, walks out of federal court after being found guilty on federal gun charges, on June 11, 2024, in Wilmington, Delaware. | Matt Slocum/AP

Hunter Biden’s recent conviction on three felony gun-related charges introduces significant legal and political challenges for him, his father President Joe Biden, and the justice system as a whole. Hunter Biden’s conviction is sure to have far-reaching implications, coming just two weeks after Donald Trump’s own felony conviction in New York.

Next Steps for Hunter Biden

Following his conviction, Hunter Biden will undergo several standard procedures for federal defendants:

Probation Interview: Hunter Biden will undergo an interview with a probation officer to discuss his personal history, mental health, and the circumstances of his conviction.

Presentence Report: This report will be prepared by the probation office for Judge Maryellen Noreika, who will use it during the sentencing hearing. The hearing is expected to take place in about four months.

Sentencing Memos: Both the prosecution and Biden’s defense will submit memos recommending a sentence and detailing factors like Biden’s history, community ties, and substance abuse issues.

Is Hunter Biden Going to Prison?

The likelihood of Hunter Biden serving prison time is considered low by legal experts. Factors in his favor include his lack of prior criminal history, likely support from prominent figures, and the nature of the charges, which typically do not result in prison sentences. The judge has several sentencing options, including probation, home detention, or a curfew, which may be more likely than prison time.

Can Hunter Biden Delay a Prison Sentence During Appeal?

If sentenced to prison, Hunter Biden has a significant chance of delaying his sentence while appealing the verdict. This is particularly relevant if the sentence is short, as defendants might otherwise serve their entire sentence before the appeal concludes.

Can Hunter Biden Still Vote for His Dad?

This depends on his state of residence:

Delaware: Felons can only vote after completing their entire sentence, including probation, making Biden ineligible to vote in this election cycle if sentenced.

California: Felons can vote if they are not serving time in prison, allowing Biden to likely vote before any potential prison sentence begins.

Can Joe Biden Pardon His Son?

President Joe Biden has stated he will not pardon his son but has the constitutional power to do so. He could also commute any prison sentence, maintaining the conviction while avoiding prison time. Pardoning his son could have significant political implications, especially given the upcoming election and Donald Trump’s federal charges.

What About Hunter Biden’s Other Criminal Case?

Hunter Biden also faces a separate case in California involving tax crimes, which poses a more serious threat than the gun charges. This case is scheduled for trial in September and involves allegations of failing to pay millions in taxes despite living extravagantly. The Delaware conviction is unlikely to impact the California proceedings significantly.

Conclusion

Hunter Biden’s legal troubles present complex issues for his family and the justice system. The outcomes of his sentencing and appeal processes, as well as the ongoing California case, will be closely watched and have broad implications for the political landscape.

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