Trump Indicted: What’s Next in the Legal Process?

Former President Donald Trump has been indicted by a Manhattan grand jury.

A Manhattan grand jury has indicted former President Donald Trump. Although the specific charges or allegations are not yet known, the case involves the hush money payment Michael Cohen, his former lawyer, made to Stormy Daniels before the 2016 election.

This is what we know about the next step in the legal proceedings.


When will the charges be made public?

Unclear. It is unclear.


Will Trump get arrested?

Trump’s lawyers have stated that Trump will surrender and hand himself over for processing. If the case proceeds in the same manner as previous high-profile cases, Trump could be processed in the lower Manhattan district attorney’s office.

This would usually include paperwork, fingerprinting and a mugshot. It would also check for any criminal charges that may be pending. All of this would take place behind closed doors. He is “under arrest” when he’s actually in custody of police officers.


Will Trump get handcuffed?

It’s also unclear, but the Secret Service protection detail could complicate things.


What happens during the arraignment?

Trump is expected to appear personally for his arraignment next Tuesday, possibly as early as Tuesday.

This is the first time that the charges against Trump will be heard in open court. Trump, or his attorney for him, would plead guilty and then he would be released with another court date. Trump would not be required to post bail due to the nature of his charges.


Are there cameras in the courtroom?

The judge can decide. The judge can refuse cameras, but media outlets are likely to request it due to the historical nature of the event.


Who will preside at the arraignment

NBC News confirmed that Judge Juan Merchan will preside over the arraignment. He is the same judge who heard the case against Trump Organization for taxfraud. In the past , Merchan has been involved in disputes with Trump’s defense attorneys. Merchan could preside over the case if it proceeds to trial or to another judge.


Is Donald Trump still eligible to run for President?

Yes. Yes. The Constitution does not mention any disqualification of a person from office due to pending criminal charges or convictions.


Trump can continue to rail against prosecution.

While all defendants have the right to vigorously defend themselves, Trump cannot threaten the prosecutor without running the risk of other legal charges under New York law.

Trump could be placed under gag order by the judge to stop him from talking about the case. Trump escalated his criticisms of Bragg and the judicial systems in the weeks before the vote to indict him. He also warned of “death, destruction” if he was charged.


How long does it take for this case to go to trial?

Potentially, it could be a very long time. Trump has stated that he will not be acquitted of the charges. Trump is entitled to “discovery” – the evidence that prosecutors have gathered during their investigation, including grand jury minutes. This could potentially give a glimpse into witness testimonies. Trump’s lawyers will then likely file pre-trial motions in an attempt to dismiss the case on legal grounds, before it reaches a jury.


Is Trump facing jail time if convicted?

The theory is that yes. Falsifying business records first degree is a low-level crime that can land you up to four years imprisonment.

It’s not clear that Bragg would recommend Trump spend time in prison (especially considering Bragg’s stance on non-violent offences). If convicted, a judge will decide the sentence.

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