What to expect at Donald Trump’s arraignment in New York

On Tuesday, Donald Trump - the only former president ever indicted - is expected to make his first court appearance in Manhattan at a hearing known as an arraignment. It’s the next step in an investigation that has centered on hush-money payments to adult-film star Stormy Daniels ahead of the 2016 election to conceal an alleged sexual encounter.

The hours leading up to the arraignment hearing could be chaotic, with Trump supporters, protesters and reporters from around the world expected to gather outside the Lower Manhattan courthouse. Trump’s Secret Service detail is coordinating with local and federal law enforcement to ensure he can safely enter the courthouse amid the throng of gatherers.

(The hearing is expected around 10:15 a.m. Alaska time)

Here’s what you need to know about the legal proceedings - and what happens next.

[Donald Trump set to be arraigned in historic court moment]

What is an arraignment?

An arraignment is the first appearance before a judge after someone is criminally indicted.

“It’s when the accused is informed of the charges and his rights as a defendant,” said Anna G. Cominsky, professor at New York Law School.

Will Trump be arrested?

He will be taken into custody, but it won’t play out like it does on TV shows, with suspects being dragged out of their homes in handcuffs. Instead, Trump and his attorneys have arranged his surrender with prosecutors. That means Trump will turn himself in, enabling the arrest and subsequent processing procedures to happen behind closed doors.

On Monday, Trump flew from his home in Florida to New York. He planned to stay overnight at his apartment in Trump Tower and was expected to surrender before the arraignment hearing on Tuesday.

What will happen at Trump’s arraignment?

The hearing is likely to be brief. Prosecutors may outline parts of their case, and Trump’s attorneys then would probably get to speak. Defendants generally enter a “not guilty” plea at their arraignments, although some agree to plead guilty at this early stage. Trump has repeatedly denied any wrongdoing and is expected to plead not guilty, either himself or through his attorney.

At the arraignment, the judge will determine the conditions of Trump’s release - including whether he can be released with no restrictions, which is known as being released on personal recognizance.

Because he has no prior offenses and is not accused of committing a violent crime, he will most likely be released Tuesday afternoon without paying bail, according to Cominsky.

How will Trump enter the courthouse?

The public does not know that yet - and that’s intentional for security reasons. Secret Service agents toured the Lower Manhattan courthouse on Friday to plan for Trump’s entry and exit from the building, a law enforcement official involved in the planning said. They mapped out multiple routes to plan his route on Tuesday morning from his private apartment in Trump Tower to the courthouse, the official said.

For Trump’s protection, Secret Service expect him to enter and exit the building in a way that is not visible to the public. Agents could choose to have Trump enter an exterior door by employing the standard tented arrival - shielding Trump from public sight - but were leaning toward bringing him into the building through a hidden entrance where he could not been seen from the street. Advance agents who toured the courthouse Friday have identified several secure and subterranean entrances used by judges, sensitive witnesses and some high-profile defendants that they may use for Trump.

Will there be a mug shot of Trump?

Once he surrenders, Trump is expected to be processed like a typical defendant, which includes a mug shot and fingerprinting. But the government is not likely to release the photo. New York Gov. Andrew M. Cuomo (D) in 2019 banned the release of mug shots unless there is a specific need to do so for law enforcement reasons.

- What happens after the arraignment?

That will become clearer on Tuesday afternoon, Cominsky said. At a typical arraignment hearing, the judge sets the date of the next court hearing and explains to the parties what that hearing will be about.

Who is the judge overseeing the court proceedings?

New York Supreme Court Justice Juan M. Merchan has been assigned the case. He also oversaw the grand jury that indicted Trump last week.

Merchan - who has sat on the New York bench since 2009 - presided over the jury trial last year of Trump’s namesake real estate company, which resulted in a conviction in December, and the prosecution of the company’s longtime chief financial officer, Allen Weisselberg.

On Friday, Trump lashed out at Merchan on social media, declaring that the judge “HATES ME.” But over the weekend, Joe Tacopina, one of Trump’s attorneys, said on TV that he doesn’t actually believe the judge who oversaw Trump’s indictment is biased.

“Do I think the judge is biased? Of course not,” Tacopina said. “How could I subscribe to that when I’ve had no interactions with the judge that would lead me to believe he’s biased?”

Will the case go to trial?

Unless Trump cuts a deal with prosecutors or the charges are dismissed, the case will go to trial. A date has not yet been set for when the trial would start. And beware: Court proceedings typically move on a slow timetable.

Why was Trump indicted?

The indictment has not yet been unsealed, so the charges are not expected to be made public until the arraignment hearing Tuesday afternoon.

The indictment against Trump is believed to involve a payment made before the 2016 presidential election to Stormy Daniels, an adult-film actress, to keep her from publicly discussing an affair that she said she had with Trump years earlier.

Can you run for president from jail?

Technically, yes - and it’s been done before. While it could be politically and logistically tricky to run for president from a jail cell, there is nothing in the Constitution that prohibits Trump from doing so.

In 1920, Eugene V. Debs ran for president as a Socialist after being found guilty of sedition and imprisoned in the federal penitentiary in Atlanta for speaking out against the draft during World War I. Outside the jail, his supporters distributed photos of Debs in convict denim, along with campaign buttons for “Prisoner 9653.”

Debs received 913,693 votes, but no electoral college votes.

The Washington Post’s Carol D. Leonnig in Washington and Shayna Jacobs in New York contributed to this report.