Anti-Trump demonstrators protestation extracurricular the Manhattan District Attorney's bureau successful New York City connected March 21, 2023.
Leonardo Munoz | AFP | Getty Images
Former President Donald Trump said helium expected to beryllium arrested by the Manhattan District Attorney's Office, which is successful the last stages of an probe into a hush-money outgo made to a porn prima soon earlier the 2016 statesmanlike election.
But adjacent if the grand assemblage proceeding evidence successful the probe does ballot for an indictment, it's unclear erstwhile Trump would beryllium arrested. Trump predicted that he'd beryllium arrested connected Tuesday, which came and went without incident. Multiple news outlets, citing instrumentality enforcement sources and radical adjacent to Trump's ineligible team, reported Monday that they don't expect an apprehension oregon archetypal quality to hap earlier adjacent week.
Trump has denied wrongdoing and accused the DA, Alvin Bragg, of conducting a politically motivated prosecution against him, a starring Republican statesmanlike candidate. He has called connected his supporters to protest against the imaginable transgression charges.
If an indictment is returned, Trump volition go the archetypal erstwhile president successful U.S. past to look transgression charges — and nether those unprecedented circumstances, Trump's imaginable apprehension could play retired successful aggregate ways.
Here's however the process could go:
Surrender
The expansive assemblage was impaneled successful January to find whether determination was capable grounds successful Bragg's probe to complaint Trump with a crime. Trump was invited to look earlier the expansive assemblage earlier this month, a determination that is seen arsenic 1 of the last steps earlier the extremity of the investigation. Trump declined to testify.
If the expansive assemblage votes for an indictment, it volition archetypal beryllium filed nether seal, and it could enactment that mode until astir the clip Trump is presented earlier a judge. It could besides beryllium unsealed earlier by a justice overseeing the matter.
Trump's lawyers would beryllium notified of the indictment and a surrender day volition beryllium determined. That clip is negotiable: It could beryllium arsenic soon arsenic a time oregon 2 aft the indictment, oregon it could beryllium further out.
"Usually these things are beauteous good coordinated with the defence lawyers," said Michael Bachner, a white-collar transgression defence lawyer and erstwhile adjunct territory lawyer successful the Rackets Bureau of the Manhattan DA's office.
Given Trump's caller calls for protests, prosecutors whitethorn person an inducement to springiness Trump a shorter surrender date, Bachner said.
Trump, who has spent overmuch of his post-presidency clip astatine his Mar-a-Lago edifice location successful Palm Beach, Florida, volition apt question straight to the territory attorney's bureau successful little Manhattan to crook himself in.
While Trump could technically person an avenue to situation extradition to New York, that determination is considered highly unlikely.
"It doesn't behoove Trump to tally and fell from authorities to state," wrote Jeremy Saland, a erstwhile Manhattan adjunct territory attorney. Fleeing the charges "would stroke up his representation of virile masculinity worse than a horseless, shirted Vladimir Putin," Saland added.
Trump's attorney, Joseph Tacopina, said past week that Trump volition travel the normal procedure if helium is indicted.
Once astatine the DA's office, Trump would beryllium formally arrested, he'd beryllium fingerprinted, get his mugshot taken and beryllium interviewed by DA detectives for an apprehension report. He volition besides beryllium asked for alleged pedigree information, which is the defendant's idiosyncratic information, including his name, code and day of birth.
Arraignment
After getting booked, Trump volition beryllium transported to a courtroom for his arraignment.
Generally speaking, a suspect is successful handcuffs astatine the clip he's brought to the courthouse and uncuffed astatine the clip the tribunal proceedings begin.
But immoderate quality outlets, citing sources acquainted with the matter, person reported that Trump whitethorn beryllium capable to debar an infamous "perp walk" — having to locomotion down a courthouse hallway successful handcuffs successful beforehand of the property — to be his arraignment.
Trump is protected by U.S. Secret Service agents who program to instrumentality with him passim the process of his imaginable apprehension successful New York, NBC News reported Monday. Those agents volition enactment to support Trump retired of nationalist presumption portion he's being booked, a erstwhile bureau authoritative told NBC.
At the arraignment, Trump volition beryllium informed of the charges against him and asked to plead blameworthy oregon not blameworthy — not blameworthy being by acold the likelier enactment — oregon person his lawyer participate the plea connected his behalf.
The lawyers and justice whitethorn besides person a treatment astir the presumption of grounds successful the case.
Since immoderate imaginable transgression charges astatine play are nonviolent successful nature, Trump would astir apt beryllium released connected his ain recognizance, meaning without having to wage bail.
"I don't deliberation bail's truly an contented here," said Lance Fletcher, a transgression defence lawyer and erstwhile Manhattan prosecutor.
If Trump is freed without immoderate bail acceptable oregon different unforeseen restrictions, helium could instrumentality to his Florida residence that aforesaid day.
"He's not a hazard of flight," Bachner said. "Everyone knows his face."