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BadSanna t1_jed8i8t wrote

Reply to comment by PoniesRBitchin in eli5 What does “indicted” mean? by jcw10489

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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