Legal expert explains how close Hunter Biden is to landing in jail

US President Joe Biden's son Hunter Biden was indicted Thursday on three criminal charges related to possessing firearms while he was using drugs, months after the plea deal was unsuccessful, giving an impetus to debates about when the son of the 80-year-old would be put behind bars or not. 

The 53-year-old became the first-ever son of an incumbent president to be criminally charged. The charges were filed in the US District Court in Delaware after a plea deal failed in July. 

The indictment comes days after Republicans announced the impeachment inquiry into Joe Biden ahead of the 2024 presidential elections.

A legal expert divulged the legal intricacies of whether the criminal-charged son of the US President would go to jail.

"In my opinion, Hunter Biden's not going to jail. This case is going to end up right where it’s supposed to be, with a plea agreement," Randy Zelin, professor of law at Cornell Law School, according to BBC.

It is anticipated that the legal troubles of Joe Biden's family will haunt him and dominate the circles around the country likely affecting his voting base as the presidential election of 2024 is scheduled to take place in November next year.

"It's a nonsense case. Nobody got hurt, it's a victimless crime, and he's never been in trouble before. Is this really how we want to waste judicial resources?" he said.

He said that Hunter's alleged crimes were "purely driven by drug addiction and the law distinguishes between those who know what they are doing, and those who make decisions under the influence of drugs."

Explaining legalities further, Professor Zelin also added: "The Second Amendment, which dictates the right of the American people to keep and bear arms."

"The second amendment says nothing about — only people who aren't drug addicts are to not have a gun license," the professor said, adding that, that particular notion could be constitutionally challenged.

The investigation into Hunter's business dealings was ongoing for years and gained momentum when David Weiss, who was originally nominated by former US president Donald Trump, was elevated to the status of a special counsel in August.

Hunter Biden has been the target of attacks and allegations by Donald Trump and Republican allies, particularly regarding his activities in Ukraine and China, among other matters. Despite these claims, Hunter publicly discussed his struggles with drug addiction.

He was discharged from the US Navy Reserve in 2014 after testing positive for cocaine.

Hunter in December 2020 revealed that his tax affairs were under investigation by Weiss's office, a matter he has denied wrongdoing in. While most US attorneys appointed by indicted former president resigned when Joe Biden assumed the Oval Office, Weiss was asked to remain in his position by the Justice Department.

It's important to note that Hunter never held an official position or a role in his 80-year-old father's campaign.

The President also asserted that he did not discuss foreign business dealings with his son, underscoring the independence of the Justice Department in investigating his family members.