How possible arrest in NY could go

Former President Donald Trump said he expected to be arrested by the Manhattan District Attorney’s Office, which is in the ultimate stages of an investigation right into a hush money payment made to a porn star shortly before the 2016 presidential election.

But even when the grand jury hearing evidence within the probe does vote for an indictment, it’s unclear when Trump can be arrested. Trump predicted that he’d be arrested on Tuesday, which got here and went without incident. Multiple news outlets, citing law enforcement sources and other people near Trump’s legal team, reported Monday that they do not expect an arrest or initial appearance to occur before next week.

Trump has denied wrongdoing and accused the DA, Alvin Bragg, of conducting a politically motivated prosecution against him, a number one Republican presidential candidate. He has called on his supporters to protest against the potential criminal charges.

If an indictment is returned, Trump will turn out to be the primary former president in U.S. history to face criminal charges — and under those unprecedented circumstances, Trump’s possible arrest could play out in multiple ways.

Here’s how the method could go:

The grand jury was impaneled in January to find out whether there was enough evidence in Bragg’s probe to charge Trump with against the law. Trump was invited to seem before the grand jury earlier this month, a move that’s seen as one in every of the ultimate steps before the top of the investigation. Trump declined to testify.

If the grand jury votes for an indictment, it should first be filed under seal, and it could stay that way until across the time Trump is presented before a judge. It may be unsealed earlier by a judge overseeing the matter.

Trump’s lawyers can be notified of the indictment and a give up date might be determined. That point is negotiable: It might be as soon as a day or two after the indictment, or it might be further out.

“Often these items are pretty much coordinated with the defense lawyers,” said Michael Bachner, a white-collar criminal defense lawyer and former assistant district attorney within the Rackets Bureau of the Manhattan DA’s office.

Given Trump’s recent calls for protests, prosecutors could have an incentive to provide Trump a shorter give up date, Bachner said.

Trump, who has spent much of his post-presidency time at his Mar-a-Lago resort home in Palm Beach, Florida, will likely travel on to the district attorney’s office in lower Manhattan to show himself in.

While Trump could technically have an avenue to challenge extradition to Recent York, that move is taken into account extremely unlikely.

“It doesn’t behoove Trump to run and conceal from state to state,” wrote Jeremy Saland, a former Manhattan assistant district attorney. Fleeing the costs “would blow up his image of virile masculinity worse than a horseless, shirted Vladimir Putin,” Saland added.

Trump’s attorney, Joseph Tacopina, said last week that Trump will follow the traditional procedure if he’s indicted.

Once on the DA’s office, Trump can be formally arrested, he’d be fingerprinted, get his mugshot taken and be interviewed by DA detectives for an arrest report. He will even be asked for so-called pedigree information, which is the defendant’s personal information, including his name, address and date of birth.

But some news outlets, citing sources conversant in the matter, have reported that Trump may have the opportunity to avoid an infamous “perp walk” — having to walk down a courthouse hallway in handcuffs in front of the press — to attend his arraignment.

Trump is protected by U.S. Secret Service agents who plan to persist with him throughout the means of his possible arrest in Recent York, NBC News reported Monday. Those agents will work to maintain Trump out of public view while he’s being booked, a former agency official told NBC.

On the arraignment, Trump might be informed of the costs against him and asked to plead guilty or not guilty — not guilty being by far the likelier option — or have his lawyer enter the plea on his behalf.

The lawyers and judge might also have a discussion in regards to the presentation of evidence within the case.

Since any potential criminal charges at play are nonviolent in nature, Trump would almost definitely be released on his own recognizance, meaning without having to pay bail.

“I do not think bail’s really a difficulty here,” said Lance Fletcher, a criminal defense attorney and former Manhattan prosecutor.

If Trump is freed with none bail set or other unexpected restrictions, he could return to his Florida residence that very same day.

“He is not a risk of flight,” Bachner said. “Everyone knows his face.”

Follow our live coverage of the grand jury weighing charges against Donald Trump.