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ABC News
ABC News
National
Rebecca Armitage, Lucy Sweeney and Lucia Stein

Donald Trump has been indicted, when will we know what charges he faces?

After days of intense speculation, it's finally happened: former US president Donald Trump has been indicted by a grand jury.

He will be the first former president in US history to face criminal charges.

The exact details of what he's being charged with are not yet known because grand jury proceedings in the US remain secret until the defendant is in custody.

But we know the hearings focused on an alleged hush money payment made to adult performer Stormy Daniels in 2016.

So what happens now? Will he have to pose for a mugshot?

Here's what we know so far.

What just happened?

Grand jury proceedings happen almost entirely in secret.

But it's believed this jury was asked to decide whether it was illegal for Mr Trump to order his former fixer Michael Cohen to pay Ms Daniels for her silence.

The grand jury was asked to consider whether a payment made to Stormy Daniels to silence claims of an extramarital sexual encounter was illegal.  (AP: Markus Schreiber)

In 2016, when Mr Trump was running for the presidency, the adult star went public with her claim that she had sex with him when he was married.

Mr Cohen alleges he was directed to give her $US130,000 ($193,000) and conceal the nature of the payment as a legal expense.

Mr Trump's lawyers have been alerted that the grand jury voted to indict their client.

Now they have to arrange a surrender.

In a statement, Mr Trump declared "this is political persecution and election interference at the highest level in history", describing the charges as part of a "witch hunt" by "the radical left".

He proclaimed his innocence, but did not make any direct appeals for his supporters to protest in the streets, as he had done on Truth Social last week.

But he did take direct aim at the Manhattan District Attorney Alvin Bragg, who has been overseeing the case.

Authorities in New York City have been bracing for unrest, bolstering security around the DA's office.

Trump has to get to New York City

An indictment is basically a formal notice of criminal charges, but it does not mean there is a warrant out for Mr Trump's arrest

In cases where defendants are notified of an indictment, they are offered the opportunity to turn themselves over for voluntary processing.

The New York District Attorney's office has confirmed it has contacted Mr Trump's attorneys to coordinate his surrender.

One of his lawyers, Susan R Necheles, has told the New York Times Mr Trump will turn himself in on Tuesday.

An arrest warrant would only be issued if Mr Trump failed to appear.

It is likely his legal team will negotiate with prosecutors over the coming days about the terms of the former president's arraignment.

Mr Trump is currently residing at his sprawling Mar-a-Lago home in Florida, so as part of that process he will have to make his way to New York City.

The former president currently lives at his golf estate, Mar-a-Lago in Palm Beach, Florida.  (AP Photo: Pablo Martinez Monsivais)

He could arrange to fly there on his private jet and make the journey to the Manhattan court house by car to avoid a public spectacle.

It isn't likely Mr Trump will be paraded in handcuffs on the streets of New York or through a courthouse hallway, a defence lawyer and former prosecutor in Manhattan told the Associated Press.

What if Trump refuses to surrender?

In the unlikely scenario that Mr Trump refuses to cooperate with authorities and surrender, he may choose to hunker down at Mar-a-Lago.

Officials would need to negotiate with Florida for permission to extradite the former president to New York.

New York District Attorney Alvin Bragg has been given a security detail for the duration of the hearing.   (Reuters: Jeenah Moon)

This puts Governor Ron De Santis, who is anticipated to run against Mr Trump for Republican presidential candidate in 2024, in an awkward position.

While the governor told reporters last week he had "no interest in getting involved" in Mr Trump's indictment, today he announced on Twitter that Florida "will not assist" in an extradition request.

Mr DeSantis has likely been weighing up potential damage to his brand among Trump loyalists and Republican voters if he were to allow the arrest, against the consequences of getting involved.

Florida law appears to leave some wiggle room for the governor to intervene in extradition requests from other states, but legal experts have warned that the US constitution overrides this loophole.

In any event, it appears likely that Mr Trump would eventually be extradited back to New York.

Trump will be fingerprinted, and pose for a mug shot

Once Mr Trump arrives at the New York court house, he will be processed as a defendant.

He will be fingerprinted and photographed, and read his Miranda rights. This is when the police officer tells a detained suspect that they have the right to remain silent.

It's common for defendants to be asked some basic questions, such as name and birthdate, and to surrender anything they have on them, such as their phone or other personal items.

Mr Trump will then wait in a holding cell to be called before a judge to enter a plea in what's called an arraignment — which will be open to the public.

As an ex-president, Mr Trump is entitled to Secret Service protection.

It is believed he will be accompanied by agents throughout the booking process.

But it's not yet clear if security will be ramped up in the courthouse following his surrender.

The hearing at the Manhattan courthouse has occurred under intense security.  (Reuters: Andrew Kelly)

The chief spokesperson for the Secret Service would not comment on any specific measures made for Mr Trump when approached by the New York Times.

Once he is arraigned, the felony indictment will be unsealed — if it hasn't been already made public — and the charges against the former president will be laid out.

He will enter a plea and the next stages of the court proceedings will be set.

It's likely Mr Trump will be released on his own recognisance, which means he will get bail without having to pay a bond.

How will Trump plead and could he face jail time?

If the former president pleads guilty, the case will proceed directly to sentencing.

Given he has publicly maintained his innocence in the lead-up to this indictment, it appears more likely Mr Trump will plead not guilty, which would mean the case proceeds to trial.

It could take more than a year for the trial to begin, according to a former Manhattan chief assistant DA who spoke to Reuters.

If Mr Trump is found not guilty, he would be acquitted.

If he is convicted, the sentence depends entirely on the charges, which have not yet been confirmed.

Ahead of the indictment, legal experts speculated that Mr Bragg may be considering charges related to falsifying business records with the intent to conceal another crime, likely related to campaign finances.

This would be considered a low-level felony, with a maximum sentence of four years in prison.

However, it is entirely possible the charges could be downgraded, or a lesser sentence handed down.

This means even if Mr Trump is convicted of a felony charge, he may not spend any time in jail.

In any event, a conviction would not legally prevent Mr Trump from running for president again in 2024, though the pending case may complicate his campaign.

There's nothing to prevent Mr Trump continuing his 2024 election bid while fighting charges in court.  (Reuters: Jonathan Ernst)
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