(Reuters) – Former U.S. President Donald Trump is scheduled to be arraigned at a Manhattan courthouse on Tuesday following his indictment on criminal charges after a probe into hush money paid to a porn star.
Below is an explanation of what it means to be indicted and arraigned, and other key terms related to Trump’s case.
INDICTMENT
An indictment is a court document containing charges that were voted on by a grand jury, a group of people who decide whether a prosecutor has enough evidence to pursue criminal charges.
An indictment formally charges a defendant with a crime and provides a basis for legal prosecution.
Following an indictment, a defendant is given formal notice of the charges, a right enshrined in the Fifth Amendment of the U.S. Constitution.
A defendant can then be formally arraigned on whatever charges are brought. Law enforcement officials fingerprint and photograph most defendants facing arraignments.
ARRAIGNMENT
An arraignment is where a defendant is brought to court to hear charges and have a chance to enter a plea, which is generally guilty or not guilty.
A judge or prosecutor typically reads the charges aloud. A defendant is usually represented by lawyers, especially in cases that are high-profile or could lead to jail or prison.
If a defendant pleads not guilty, a judge will typically accept the plea and schedule the next court appearance, and perhaps a tentative trial date.
If a defendant pleads guilty, the judge will impose punishment, typically at a later date.
Trump’s lawyers have said he will plead not guilty on Tuesday.
Lawyers for some defendants who plead not guilty may engage in plea bargaining, where they negotiate a guilty plea with prosecutors to avoid a trial. Defendants would typically plead guilty to some but not all charges they face.
BAIL
Judges in New York state criminal court have three options for bail: They can set bail, order a defendant released without bail, or order a defendant’s detention.
The purpose of bail in New York is to ensure that a defendant returns to court, without taking into account the risk a defendant may cause further harm. In 2019, New York ended cash bail for most cases involving misdemeanors and nonviolent felonies, such as Trump’s case.
GAG ORDER
A gag order is when a judge prohibits lawyers, parties and witnesses from talking about a case in public.
Gag orders are common in criminal cases. That is especially true when there is a risk that someone may make statements that could incite violence, be viewed as threatening to prosecutors or witnesses, or taint the jury pool.
A defendant who violates a gag order in New York can be held by a judge to be in criminal contempt, a misdemeanor punishable by up to one year in jail. A judge will typically warn a defendant before issuing a contempt citation.
If a gag order is imposed against Trump, he can appeal and argue that it undermines his First Amendment right to free speech as he runs for president.
(Reporting by Rami Ayyub and Jonathan Stempel; editing by Noeleen Walder and Jonathan Oatis)
