A jury convicted Dharun Ravi Friday on counts of invasion of privacy, bias intimidation and witness tampering after hearing the case that accused the 20-year-old Plainsboro resident of using a webcam to spy on his then Rutgers roommate Tyler Clementi, who later committed suicide. Former Bergen County Prosecutor Jay Fahy weighed in on the verdict with NJToday Managing Editor Mike Schneider.

Fahy said Ravi, who was convicted of a second degree offense, is facing between five and 10 years in prison, though he added that because of Ravi’s previously clean record, he will likely serve far less than that. “I think he’ll end up doing a year and a few months in jail,” Fahy said.

Fahy said Ravi is likely to be deported, however, because of the conviction. Fahy explained that the conviction takes effect when sentencing occurs, in this case May 21, so Immigration and Naturalization Service (INS) will likely put a detainer on him at that time and he’ll have due process then. “He’ll go to an immigration judge but at the end of the day if you get convicted of a felony while you’re here on some sort of a permit you’re going to get deported,” Fahy said.

Although Clementi’s family members have said in the past that they don’t want a harsh punishment imposed on Ravi, Fahy said that likely won’t have an effect on the deportation issue. Many have said if deportation wasn’t an option, there would never have been a trial. Ravi rejected a plea deal the prosecution had offered that would have included no jail time but the possibility of deportation. The prosecution had said they would have asked INS not to deport him, but Fahy said that recommendation doesn’t hold water with the process.

Fahy pointed out that Ravi remained on bail after the verdict was read, which is unusual considering he was convicted of a second degree crime. Normally, individuals convicted of first or second degree crimes have bail revoked and are taken directly to jail. But in this case, the prosecution didn’t object to Ravi remaining out on bail. “At the end of the day the statute in this case is one that may have constitutional problems,” Fahy said. “And I think both sides perhaps realize that.”

Fahy also said he believes an appeal from Ravi’s attorney Steve Altman will likely follow. “I think the legislation is subject to question,” Fahy said. “The judge said on the record during the jury charge that the statute was baffling.”

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