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PoniesRBitchin t1_jed4a3g wrote

Not a lawyer, but from what I understand:

  • "Indicted" means that a jury was told about the basics of a case, and voted that there's enough evidence that a person should go to trial.

  • Usually a few days after the indictment, the person who was indicted is now taken to the court. They will be read their rights, as well as what charges are being brought against them, and they might also have their fingerprints taken or get a mugshot photo.

  • The person who is indicted might be kept in jail until the trial, or they might be able to pay bail and leave. Whether they're eligible for bail is determined by what kind of crime it is, whether they're a flight risk, etc.

  • Once you're indicted, within 70 days the trial must start. The trial is where the a new jury will now hear evidence and arguments from lawyers, and eventually decide if this person is guilty of the crime.

EDIT- Fixed the mistake pointed out by Russellbeattie about the jury not being the same between the first and fourth step. Please read their and Badsanna's comments for more information.

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BadSanna t1_jed8i8t wrote

Mostly right. After an indictment a judge issues an arrest warrant and the police arrest the person and book them into jail. That's when the fingerprinting and mugshot take place.

After they're arrested they're arraigned, which is a fancy word for going to court so a judge can hear arguments from both sides to determine if the person should be remanded to jail without bail or if they are trustworthy enough to show up to trial.

At this stage the judge may revoke their passport, put them on house arrest, require them to wear a tracker at all times, or any number of things.

Trump, being extremely wealthy and owning private planes, is more than capable of fleeing the country. I would not be surprised if they revoked his passport, grounded his planes, and put him under house arrest.

I seriously doubt they would deny him bail.

In fact, he may spend no time in jail at all. Maybe a few minutes in a holding cell, as they'll probably take him to be booked at a police station then take him directly to his arraignment where he'll get out on bail.

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ripplerider t1_jedcf4z wrote

I highly doubt that Trump will be required to surrender his passport or that his planes will be grounded.

As a former president of the United States, he will, in my opinion, most likely be released on his own recognizance and not even have to post bail.

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Drach88 t1_jedht2m wrote

I'm curious about the role of the secret service in ensuring that he doesn't flee.

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FinndBors t1_jedlrvo wrote

That's not their job.

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ItinerantBanana t1_jedndy3 wrote

I agree that his SS detail won't either help or hinder his leaving, but id be hella curious about the interaction between his detail and the US marshals if he tries to rabbit.

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slaorta t1_jedpsc2 wrote

I want to know what happens with the secret service if he actually ends up serving time. Do they go to prison with him? Talk about a shitty job.

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BadSanna t1_jeff4dz wrote

Yeah, on second thought I don't think these are serious enough crimes that he'd consider fleeing the country and he's enough of a narcissist to think he can beat anything they throw at him.

If it was a murder charge or something that might see him bankrupt and in prison the rest of his life that would be a different story.

If it starts going badly for him I bet you anything he runs for Russia and takes asylum, though.

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Magnetic_Eel t1_jedgne1 wrote

Bro there is exactly a 0% chance that Trump is put under house arrest or has his movement restricted.

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huskersax t1_jedqj3b wrote

His movement is restricted enough as it is in those baggy suits.

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coilycat t1_jedifrj wrote

>After an indictment a judge issues an arrest warrant and the police arrest the person and book them into jail.

This seems like the opposite of what u/owmyfreakingeyes said above, where an indictment follows an arrest.

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Tufflaw t1_jedrfo9 wrote

They can happen in either order.

In New York State, you can be arrested for a felony without an indictment, if the police have probable cause to believe you committed a crime. The charging document is called a Felony Complaint. After the arrest, unless a disposition can be worked out between the DA's office and the defense (such as a guilty plea or reduced charges), the only way for the case to proceed to trial is via indictment. You cannot go to trial in New York on a Felony Complaint.

Alternatively, if a felony is committed, the DA's office can choose to present evidence to the Grand Jury and secure an indictment before the target is arrested, it's known as a De Novo indictment. After the indictment is secured, the defendant is arrested and arraigned on the indictment and the case proceeds exactly the same as if the defendant had already been arrested on a felony complaint.

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coilycat t1_jeeabfp wrote

Ah, so many things vary by state. I guess that's generally a good thing! Thanks for the explanation.

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BadSanna t1_jeen0vp wrote

Police can always arrest and detain you if they believe you committed a crime. There is a limit on how long they can hold you this way without an arrest warrant from a judge, though. They have to arraign you as soon as possible in that scenario. Which is why you really don't want to get picked up on a Friday because you coukd end up sitting in a holding cell until Monday and if the holding cells fill up they can book you into jail until your arraignment. Then, even if they take you to court Monday morning, you might sit there all day only for them to never make it to your docket and send you back to where they were holding you until the next day.

People with money and good lawyers will get their docket bumped up the line or even work deals with a judge after hours to get you released on bail or on your own recognizance until your arraignment.

A judge can issue an arrest warrant on their own, but when a grand jury is convened and issues an indictment, the judge presiding over the grand jury will ALWAYS issue an arrest warrant.

I am not a lawyer. This is all information I've picked up from watching police procedurals, true crime and forensic shows/documentaries, and reading about the prison industrial complex.

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russellbeattie t1_jedoip7 wrote

> The trial is where the same jury who voted to indict a person will now hear evidence

This is incorrect. Grand juries decide on multiple cases during their term of service (6 months to a year), determining if there's enough evidence in each to indict. Then they are released from service.

70 days is for federal courts and is regularly extended.

Once a trial begins, a bunch of random other citizens are summoned creating a pool of potential jurors, then each side gets to dismiss a certain number that they don't like and whoever is left becomes the trial jury.

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lo_and_be t1_jedq53t wrote

Came here to make that correction.

Also, finding an impartial jury in this case (if it ever makes it to trial) will be literally impossible

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dbratell t1_jedsmr6 wrote

They will probably have to settle for people that knows that being an a-hole isn't automatically the same as being a criminal. Big risk of a hung jury though, with one or another sneaking in with a hidden agenda.

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Ninjaromeo t1_jed8pxr wrote

Better answer than half the answers here that are definitely wrong, but presented as fact with no disclaimer.

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Loggerdon t1_jedco0i wrote

Mugshot? That'll be on the cover of every magazine in the world. Wow! I'll be happy when that happens.

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