Handcuffs, mugshots, fingerprints: What’s in store for Trump when he’s arrested
First Published: 31st March, 2023 11:38 IST
Former US President Donald Trump has been criminally indicted in the hush money case and will be taken into law enforcement custody anytime soon
Former President Donald Trump was indicted on charges involving payments made during his 2016 presidential campaign to silence claims of an extramarital sexual encounter, his lawyers told the Independent on Thursday. It’s the first criminal case ever brought against a former US president. Now, the focus shifts to the procedure of Trump turning himself in.
Manhattan District Attorney Alvin Bragg’s office said it had contacted Trump’s lawyer to coordinate his surrender and arraignment.
Regardless of whether the defendant is wealthy or indigent, in New York, they must undergo certain procedures when facing criminal charges. These procedures include being fingerprinted and photographed, answering basic questions such as their name and date of birth, and attending an arraignment. Generally, defendants are held in custody for several hours at a minimum.
The various steps involved in the criminal proceedings, the duration of each step, the use of handcuffs, and other specifics can differ depending on the severity of the case and whether the defendant voluntarily surrenders.
However, when it comes to booking a former president who still has US Secret Service protection, there is no established procedure. Former presidents are provided with security by the Secret Service unless they request otherwise. As Trump has retained his Secret Service detail, agents would need to accompany him at all times.
“This would be a unique outlier,” Jeremy Saland, a defence lawyer and former prosecutor in Manhattan told the Independent.
An official source said Trump, a Republican who criticised the case on Thursday as a Democratic prosecutor’s “political persecution” of an “entirely innocent individual,” is anticipated to surrender to authorities next week and the specifics of his surrender are still being arranged.
According to Saland’s prediction, if Trump is indicted, the process is likely to be meticulously planned and relatively speedy, following the typical practice in New York of releasing the accused without bail and prioritizing security. Saland believes that it’s unlikely for a former president to be publicly displayed in handcuffs on the street or in a busy courthouse corridor.
WILL TRUMP FIGHT EXTRADITION?
Trump’s lawyers have indicated that he is likely to surrender. There have been speculations in favour of the president fighting extradition, but such an effort would likely be unsuccessful and merely add more public spectacle to the already-humiliating drama.
WILL TRUMP BE HANDCUFFED?
The chances of Trump being handcuffed are thin. The alleged crime(s) that resulted in his indictment are non-violent, and the ex-president is unlikely to flee. Additionally, it’s been reported that District Attorney Alvin Bragg has been considering the visual impact of Trump’s arraignment, so there won’t be any sensational actions such as handcuffing him.
WILL TRUMP’S FINGERPRINTS AND MUGSHOT BE TAKEN?
Fingerprints and a mugshot are standard parts of the booking procedure and will not be skipped just because of Trump’s celebrity status.
Karen Agnifilo, a former prosecutor in the Manhattan district attorney’s office, told the Wall Street Journal that Trump would then also 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 Agnifilo.
She added that Trump would likely be spared being held in a holding cell like most defendants awaiting arraignment.
DOES TRUMP HAVE TO APPEAR IN PERSON?
Trump has to appear in person for the initial booking procedure which that cannot be done remotely. It remains undecided whether Trump will be required to appear in person for his arraignment. Although Trump has expressed a preference for being present, it’s possible that his legal team will advocate for a remote arraignment hearing.
This story is first published in India Today
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