Trump indictment: What happens next

Written by ABC AUDIO on March 31, 2023

(NEW YORK) — Following Donald Trump’s unprecedented indictment by a Manhattan, New York grand jury Thursday, the former president begins the first steps in the criminal justice process.

The Manhattan district attorney’s office said it has been in contact with Trump’s attorneys to arrange Trump’s surrender to authorities in order to begin criminal proceedings.

Trump, a Florida resident, will have to travel to New York City to adhere to the court’s deadline and be processed by authorities before heading to court for the unsealing of the indictment.

While a day has not been firmed up, sources close to the investigation told ABC News that Tuesday is the day being discussed by Trump’s legal team and the Manhattan DA’s office.

Processing typically involves being fingerprinted and being photographed for a mug shot, but experts say those may not occur in Trump’s case because the former president is not a flight risk. Similarly, Trump attorney Joe Tacopina told George Stephanopoulos Friday on ABC News’ Good Morning America that Trump would not be handcuffed.

“The president will not be put in handcuffs,” Tacopina said.

It is also unlikely that Trump will be publicly transported to the courtroom by police, according to Cheryl Bader, an associate clinical professor of law at Fordham University.

“With white-collar crime, we see that a lot of [suspects] have the privilege of being able to turn themselves in instead of being arrested and put in handcuffs,” she said.

During the court appearance, which typically takes place in a courtroom without cameras in New York state, the former president will be read his charges and ordered to make a plea. Trump and his attorneys have indicated they intend to fight the indictment in court.

Following his plea, the judge will have the right to remand Trump on bail or release him on his own recognizance before adjourning for a future date. Bader said that judges rarely order suspects in white-collar crimes to be held in jail before their trial, and she expected that the judge will release Trump after the hearing.

In some cases, especially if the suspect is a flight risk, a judge may place restrictions on the suspect such as holding onto their passport, but Bader said it is unclear if the judge will go that far.

Following the judge’s order, Trump’s attorneys will have the opportunity to review the indictment charges and make motions regarding the case, including seeking to have the charges dismissed or evidence suppressed, or requesting a change of venue.

Several pre-trial hearings and motions are expected in the case, as Trump’s attorneys have repeatedly made claims that Manhattan DA Alvin Bragg’s investigation is a political attack, according to Bader.

“I’m sure the case is going to be very litigated and take a lot of time to wind its way through the system,” Bader said.