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The Independent UK
The Independent UK
National
John Bowden

Fingerprints but no mugshot or handcuffs: What is the process for indicting Donald Trump on criminal charges

Copyright 2023 The Associated Press. All rights reserved.

Now that former president Donald Trump has been criminally indicted, attention now turns to the process of Mr Trump surrendering himself for arrest.

Authorities have erected barricades outside the Manhattan courthouse where Mr Trump’s arraignment will ultimately occur.

A grand jury voted to bring charges against Mr Trump for alleged hush money payments made to porn star Stormy Daniels during his 2016 presidential campaign. Mr Trump has denied having an affair with Daniels, whose legal name is Stephanie Clifford. It is currently unclear what the charges are but multiple reports say that Mr Trump is facing more than 30 counts related to business fraud.

Several questions remain about the step-by-step process for criminally indicting a former president, including the logistics of actually carrying out the task of bringing Mr Trump to the courtroom.

The former president arrived at La Guardia International Airport on Monday afternoon and spent the final night before his arrest at Trump Tower on Fifth Avenue.

Here’s what could take place on Tuesday:

Will Trump be handcuffed?

Almost certainly not. The crime(s) for which he has been indicted are not considered violent offences, and the former president is hardly considered an escape risk. District Attorney Alvin Bragg has also reportedly been discussing the optics of handling Mr Trump’s arraignment, so don’t expect any attention-grabbing moves like slapping Mr Trump in cuffs. By contrast, The New York Times reports that Mr Trump hopes that Mr Bragg will indeed take this step, as he hopes to inspire a frenzy of photos in the media of a former US president being “perp-walked”.

Mr Trump’s lawyer, Joe Tacopina, told Good Morning America on 31 March: "The president will not be put in handcuffs.”

What about fingerprints and a mug shot?

Yes, and no. Those are standard parts of the booking procedure but latest reports suggest a mugshot will be skipped because of Mr Trump’s celebrity status.

Manhattan DA Alvin Bragg has reportedly consulted with the Secret Service and New York City court officials and decided that there was no reason to put Mr Trump through the normal procedure of being cuffed and having a photo taken.

Karen Agnifilo, a former prosecutor in the Manhattan district attorney’s office, told the Wall Street Journal that after having his fingerprints taken Trump will be interviewed by detective investigators and arrested.

“And he would be issued a rap sheet reflecting this arrest, like every other person who is arrested and fingerprinted in this country,” said Ms. Agnifilo.

She added that Trump would likely be spared being held in a holding cell like most defendents awaiting arraignment.

Does he have to appear in person?

Mr Trump and his team travelled to New York City on 3 April, the day before his arraignment, and the former president will appear in Manhattan criminal court on Tuesday afternoon for in-person proceedings.

Will he be forced to post bail?

Probably not. Should he be formally arraigned without conflict, a judge will likely release him on his own recognisance.

When will it happen?

The Manhattan grand jury voted on 30 March to indict Mr Trump. Mr Trump initially predicted that he would be arrested on 21 March, but the day came and went. He is scheduled to appear in court on 4 April at 2.15pm ET.

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