Trump hush money case: What is an indictment? An arraignment? A gag order?

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.

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