Trump is Put in The Slowly Turning Wheels of The Courts
The hours leading up to the arraignment hearing were somewhat chaotic, with Trump supporters, protesters and reporters from around the world gathered outside the Lower Manhattan courthouse. Trump’s Secret Service detail coordinated with local and federal law enforcement to ensure he safely entered the courthouse amid the throng of gatherers.
Here’s what you need to know about the legal proceedings — and what happens next.
What is an arraignment?
An arraignment is the first appearance before a judge after someone is criminally indicted.
“It’s when the accused is informed of the charges and his rights as a defendant,” said Anna G. Cominsky, professor at New York Law School. Was Trump arrested?
He was taken into custody, but it didn’t all play out like it does on TV shows, with suspects being dragged out of their homes in handcuffs. Instead, Trump and his attorneys arranged his surrender with prosecutors. That meant Trump turned himself in, enabling the arrest and subsequent processing procedures to happen behind closed doors.
On Monday, Trump flew from his home in Florida to New York. He stayed overnight at his apartment in Trump Tower and surrendered before the arraignment hearing on Tuesday.
What will happen at Trump’s arraignment?
The hearing is likely to be brief. Prosecutors may outline parts of their case, and Trump’s attorneys then would probably get to speak. Defendants generally enter a “not guilty” plea at their arraignments, although some agree to plead guilty at this early stage. Trump has repeatedly denied any wrongdoing and is expected to plead not guilty, either himself or through his attorney.
At the arraignment, the judge will determine the conditions of Trump’s release — including whether he can be released with no restrictions, which is known as being released on personal recognizance.
Because he has no prior offenses and is not accused of committing a violent crime, he will most likely be released Tuesday afternoon without paying bail, according to Cominsky.
How will Trump enter the courthouse?
The former president emerged from Trump Tower shortly after 1 p.m., raising his fist defiantly and waving to onlookers before he entered a motorcade that took him to Lower Manhattan.. Secret Service agents toured the courthouse on Friday to plan for Trump’s entry and exit from the building, a law enforcement official involved in the planning said. They mapped out multiple routes to plan his route on Tuesday morning from his private apartment in Trump Tower to the courthouse, the official said.
Will the arraignment be televised?
Nope. New York state trials are almost never televised, and the judge overseeing Trump’s arraignment turned down late Monday a formal request from news organizations to have television cameras in his courtroom. But there will be some photographs. The judge said he would permit five news photographers to take still pictures of Trump’s appearance, but ruled that they would have to leave once the arraignment began. He also approved TV cameras in the hallways of the Manhattan courthouse where Trump will surrender, but he said reporters would not be able to carry electronic recording devices into his courtroom or to “overflow” rooms in the building.
Read more about the judge’s ruling and the implications of it here.
Will there be a mug shot of Trump?
Trump was expected to be processed like a typical defendant, which includes a mug shot and fingerprinting. But the government is not likely to release the photo. New York Gov. Andrew M. Cuomo (D) in 2019 banned the release of mug shots unless there is a specific need to do so for law enforcement reasons.
What happens after the arraignment?
That will become clearer on Tuesday afternoon, Cominsky said. At a typical arraignment hearing, the judge sets the date of the next court hearing and explains to the parties what that hearing will be about.
What happens after a grand jury investigation
The typical steps in a criminal case, from investigation to sentencing.
GRAND JURY INVESTIGATION
Prosecutor requests grand jury, made up of 23 residents to secretly
hear evidence. Simple majority vote (at least 12) needed to indict.
NO INDICTMENT
INDICTMENT
No charges filed
VOLUNTARY SURRENDER
ARREST
Expected Tuesday
PROCESS AS A DEFENDANT
Fingerprinted, photos taken.
ARRAIGNMENT
Public court appearance. Charges unsealed if they are not already
publicly viewable. Defendant generally enters not-guilty plea. Judge
determines defendant bail or restrictions pending trial.
PRETRIAL HEARINGS
Defense motions to dismiss charges or exclude evidence; requests
to the judge on scheduling, witnesses.
GUILTY PLEA
TRIAL
Could take months before a trial would start, if at all.
DEFENDANT FOUND GUILTY
DEFENDANT FOUND NOT GUILTY
May be appealed
Acquitted of charges
SENTENCING
May be appealed
Source: Justice Department
NICK MOURTOUPALAS/THE WASHINGTON POST
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