How The Manhattan District Attorney’s Office Indictment Process Works
Earlier this morning Trump posted he is going to be arrested on Tuesday. If so, this is what we can expect to see happen next.
First, this is what has already taken place:
The indictment process for the Manhattan District Attorney’s Office in New York involves several steps, which may vary depending on the specific case. The process typically unfolds as follows:
Investigation: Before an indictment, the District Attorney’s Office will investigate the alleged crime, gather evidence, and determine whether there’s sufficient proof to proceed with charges.
Grand jury: If the evidence supports criminal charges, the case is presented to a grand jury. The grand jury is a group of citizens who listen to the evidence and decide whether there is probable cause to believe the accused has committed the crime.
OK, without taking into consideration the accuracy of Trump’s social media post (did someone tell him he’s going to be indicted?), here’s are the next steps:
Indictment: If the grand jury finds probable cause, it will issue an indictment — a formal, written accusation charging the individual with the alleged crime(s).
After an arrest warrant is issued or the charged party turns themselves in, the following steps typically occur in the indictment process:
Booking: The charged individual is booked at the police station. This process typically involves fingerprinting, photographing (mugshot), and collecting personal information. The individual’s belongings may be inventoried and held for safekeeping.
Arraignment: The accused will be formally charged and informed of the charges against them. The defendant will enter a plea of guilty, not guilty, or no contest. Here’s a more detailed description of the arraignment process:
#1: Reading of the charges: The judge will formally read the charges against the defendant. In some cases, a prosecutor may read a summary of the charges instead. The defendant is provided with a copy of the charging document, which may be an indictment or a criminal complaint.
#2: Advising the defendant of their rights: The judge will inform the defendant of their constitutional rights, including the right to remain silent, the right to an attorney, and the right to a speedy and public trial. If the defendant cannot afford an attorney, the judge will appoint a public defender or other court-appointed counsel to represent them.
#3: Entering a plea: The defendant is asked to enter a plea in response to the charges. The defendant can plead guilty, not guilty, or no contest (nolo contendere). A not guilty plea means the defendant denies the charges and the case proceeds towards trial. A guilty or no contest plea often leads to sentencing, either immediately or at a later date, and may involve a plea agreement negotiated with the prosecutor.
#4: Determining bail or other release conditions: The judge will decide whether the defendant should be released on bail, on their own recognizance, or held in custody pending trial. In making this determination, the judge considers factors such as the nature and severity of the charges, the defendant’s criminal history, ties to the community, and potential flight risk. The judge may set bail or impose other conditions, such as electronic monitoring, travel restrictions, or no-contact orders, to ensure the defendant’s appearance at future court dates and protect public safety.
#5: Scheduling future court dates: The judge will schedule dates for future proceedings, such as pre-trial hearings, motion hearings, or the trial itself. These dates are subject to change as the case progresses and may be influenced by factors such as the availability of attorneys, witnesses, or the court’s calendar.
#6: Appointment of counsel: If the defendant does not have an attorney and cannot afford one, the judge will appoint counsel to represent them. This may be a public defender or another court-appointed attorney.
#7: Discovery process: The arraignment marks the beginning of the discovery process, during which the prosecution and defense exchange evidence and information related to the case. This may include witness statements, police reports, expert testimony, and physical evidence.Pre-trial hearings: These hearings allow both the prosecution and the defense to present motions, discuss evidence, and make other legal arguments before the trial.
After the arraignment, the next steps are as follows:
Discovery: This is the process where both sides exchange information and evidence, including witness statements, police reports, and other relevant materials.
Plea negotiations: The prosecution and defense may engage in negotiations to reach a plea agreement, where the defendant agrees to plead guilty to a lesser charge or in exchange for a reduced sentence.
Trial: If a plea agreement isn’t reached, the case proceeds to trial. A jury or judge will hear the evidence and determine whether the defendant is guilty or not guilty.
Sentencing: If the defendant is found guilty, the judge will impose a sentence, which may include fines, probation, imprisonment, or other penalties.
Appeals: If the defendant believes there were legal errors during the trial, they may appeal the conviction or sentence to a higher court.
OK, that’s about it. Hope this gives everyone a quick snapshot of how the process works.
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