criminal-law new-york-state arrest indictment
Why would Donald Trump be arrested?
<p>The New York Times <a href="https://www.nytimes.com/2023/04/03/us/donald-trump-indicted-new-york.html" rel="noreferrer">writes:</a></p>
<blockquote>
<p>Donald J. Trump is preparing to walk into a Manhattan courtroom as both a defendant and a candidate, making final plans for his <strong>arrest</strong> on Tuesday [...].</p>
</blockquote>
<p>Why would he be arrested? Is there a danger of flight? That seems implausible, given that he has arranged his appearance in front of the court out of his own volition, and because of his commercial, family and real estate ties to the country, and his plans to run for president again.</p>
<p>Is there a danger of destroying evidence? In all reality, that would have happened by now, and most relevant searches have probably been conducted already.</p>
<p>What other reasons would be there for an arrest?</p>
<p><strong>As a clarification:</strong> If I'm not mistaken, in Germany an indictment would simply be delivered by special registered mail, unless one of the above-mentioned dangers was present.</p>
<p>In the U.S., a simple delivery of an indictment can take on an appearance which I can only perceive as unnecessarily disparaging. A defendant is presumed innocent unless proven guilty. To me this principle implies that defendants should be treated with respect like any other citizen. Putting them in humiliating situations, let alone using force like restraining them with handcuffs like in the <a href="https://www.msnbc.com/the-beat-with-ari/watch/trump-org-cfo-allen-weisselberg-waives-right-to-remain-silent-during-arrest-117095493824" rel="noreferrer">case of Mr. Weisselberg</a> contradicts this principle, unless there is reason to believe they would flee or otherwise obstruct the trial.</p>

<p>An accused would be arrested for the purposes of <a href="https://nycourts.gov/courthelp/criminal/arraignments.shtml" rel="noreferrer"><em><strong>arraignment</strong></em></a> (&quot;even a scheduled arrest is still an arrest&quot;). That does not entail that the accused would be held in custody pending or during trial. Many commenters are of the view that Mr. Trump would be released under his own recognizance without bail.</p>
<p>Reference: <a href="https://apnews.com/article/trump-arrest-process-what-to-know-02a2ce34e03e25ab2fdd0e81dbcc62c7" rel="noreferrer">AP News</a>.</p>

<p>New York Criminal Procedure Law, <a href="https://www.nysenate.gov/legislation/laws/CPL/210.10" rel="noreferrer">section 210.10</a>, <em>Requirement of and methods of securing defendant's appearance for arraignment upon indictment,</em> subsection 3 (emphasis added):</p>
<blockquote>
<ol start="3">
<li>If the defendant has not previously been held by a local criminal
court for the action of the grand jury and the filing of the indictment
constituted the commencement of the criminal action, <strong>the superior court</strong>
must order the indictment to be filed as a sealed instrument until the
defendant is produced or appears for arraignment, and <strong>must issue a
superior court warrant of arrest. Upon the request of the district
attorney, in lieu of a superior court warrant of arrest, the court may
issue a summons if it is satisfied that the defendant will respond
thereto. Upon the request of the district attorney, in lieu of a warrant
of arrest or summons, the court may instead authorize the district
attorney to direct the defendant to appear for arraignment on a
designated date if it is satisfied that the defendant will so appear.</strong> A
superior court warrant of arrest is executable anywhere in the state.
Such warrant may be addressed to any police officer whose geographical
area of employment embraces either the place where the offense charged
was allegedly committed or the locality of the court by which the
warrant is issued. It must be executed in the same manner as an
ordinary warrant of arrest, as provided in section 120.80, and following
the arrest the executing police officer must without unnecessary delay
perform all recording, fingerprinting, photographing and other
preliminary police duties required in the particular case, and bring the
defendant before the superior court. If such superior court is not
available, the executing police officer may bring the defendant to the
local correctional facility of the county in which such superior court
sits, to be detained there until not later than the commencement of the
next session of such court occurring on the next business day.</li>
</ol>
</blockquote>
<p>So, the district attorney can ask the court not to issue a warrant, but the court isn't obliged to comply.  In fact the court is obliged not to comply if it concludes that the defendant may not appear voluntarily or in response to a summons.</p>
<p>My guess is that the district attorney did not make the necessary request.  However, as noted in the AP article linked in Jen's answer, &quot;Manhattan District Attorney Alvin Bragg’s office said it had contacted Trump’s lawyer to coordinate his surrender and arraignment,&quot; so it's entirely possible that the third option <em>is</em> in play, in which case Trump won't necessarily be arrested.</p>
