Explainer: What happens if Trump is arrested
The former US president will be fingerprinted, photographed, and even may be handcuffed
After a Manhattan grand jury indicted former US president Donald Trump on Friday (31 March) following a probe into hush money paid to porn star Stormy Daniels, he is facing impending arrest.
While the exact charges against Donald Trump have not yet been disclosed, he is the first former US president to face criminal charges.
Although paying money for settlement is not illegal. The record for the payment says it was for legal fees. Prosecutors say this amounts to Trump falsifying business records, which is a misdemeanour - a criminal offence in New York. Covering up a crime by falsifying records would be a felony, which is a more serious charge.
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Trump will likely face standard processing when he is taken into custody, but the unprecedented arrest of a former commander-in-chief will be anything but routine.
Trump's lawyers said that he will surrender and he is expected to be arraigned on Tuesday (4 April). Arraignment is when a defendant enters their plea before a judge, the session is open to the public.
After he is arraigned, Trump is almost certain to be released on his recognizance, because the indictment will likely contain only nonviolent felony charges; under New York law, prosecutors cannot request that a defendant be held on bail in such cases.
From the moment he is taken into custody until his appearance before a judge, Trump will be accompanied at every step by armed agents of the US Secret Service. They are required by law to protect him at all times given his position as a former US president.
As part of Trump's lawyers' negotiations with prosecutors, the court may agree to grant him a private entrance to the court, instead of entering through the main entrance in front of the assembled media.
Defendants charged with a felony are typically handcuffed temporarily, although Trump's lawyers will try to avoid that. He would then wait in a holding area or cell until his appearance before a judge.
Once inside, however, Trump will be fingerprinted and have his mug shot taken like all defendants in criminal cases. He will also be read his constitutionally-protected right to a lawyer and to decline to talk to the police.
After the case is booked and a judge is selected, other details will fall into place, such as the timing of the trial and possible travel restrictions and bail requirements for the defendant.
A conviction on a misdemeanour would result in a fine. If Donald Trump were convicted on the felony charge, he would face a maximum sentence of four years in prison, although some legal experts predict a fine is more probable, and that any time behind bars is highly unlikely.
There is nothing in US law that prevents a candidate who is found guilty of a crime from campaigning for, and serving as, president - even from prison. So an indictment or even a criminal conviction would not prevent Donald Trump from continuing his presidential campaign if he so chooses.
