Fingerprints and a mugshot: This is what will happen when Trump is arrested

KATHMANDU: Donald Trump is facing impending arrest on charges stemming from an investigation into a $130,000 (£106,000) payment to porn star Stormy Daniels in 2016.

The 76-year-old departed Florida and landed in New York on Monday, a day before his arrest and court appearance.

He is the first former US president to face criminal charges but it is unclear what exactly they are.

What is Trump accused of?

In 2016, adult film star Stormy Daniels contacted media outlets offering to sell her account of what she said was an adulterous affair with Donald Trump in 2006.

Mr Trump’s team got wind of this, and his lawyer Michael Cohen paid $130,000 to Ms Daniels to keep quiet.

This is not illegal. However, when Mr Trump reimbursed Mr Cohen, the record for the payment says it was for legal fees. Prosecutors say this amounts to Mr Trump falsifying business records, which is a misdemeanour – a criminal offence – in New York.

Prosecutors could also allege that this breaks election law, because his attempt to hide his payments to Ms Daniels was motivated by not wanting voters to know he had an affair with her. Covering up a crime by falsifying records would be a felony, which is a more serious charge.

Even advocates for prosecution acknowledge that either way, this is by no means a clear-cut case. There is little precedent for such a prosecution, and past attempts to charge politicians with crossing the line between campaign finance and personal spending have ended in failure.

“It’s going to be tough,” says Catherine Christian, a former financial prosecutor for the New York City district attorney.

What happens to Trump next?

New York City District Attorney Alvin Bragg set up the grand jury to investigate whether there was enough evidence to pursue a prosecution, and they voted last week to proceed.

The former president’s arraignment will take place on Tuesday at 14:15 local time (19:15 BST).

The document presenting the official charges against Mr Trump will not be made public until a judge reads out the charges against him.

Accompanied by a team of Secret Service agents and amid a huge security operation, he will be escorted to the Lower Manhattan courthouse on Tuesday.

The FBI, New York City law enforcement and the US Secret Service are co-ordinating security for the proceedings.

When Trump is arrested, will his fingerprints be taken?

Mr Trump’s legal team have said he will not be handcuffed. He will most likely enter court through a private entrance as opposed to the more typical “perp walk” in front of the assembled media.

Once inside, however, Mr Trump will be fingerprinted by officials. But there is considerable uncertainty as to whether the former president will have to pose for a mugshot.

On Monday one of Mr Trump’s attorneys, Alina Habba, told CNN that he should not be subjected to a mugshot as his is “the most recognised face in the world” and that the purpose of a mugshot was for identification.

And on Tuesday, reports in US media suggested that Mr Bragg had decided there was no need to put the 76-year-old through the mugshot process.

Were the photo to take place there is no guarantee the public will ever see it. Under New York state law the former president would have to give his approval to its release, though US media has suggested he is not opposed to its publication.

The usual arrest paperwork will also be completed – meaning his details will be taken and investigators will check for any outstanding arrest warrants or charges.

Once Mr Trump is fingerprinted and processed he’s considered under arrest and in custody. Throughout the booking process, he will be accompanied by Secret Service agents.

Mr Trump would then wait in a holding area or cell until his appearance before a judge. The arraignment – the moment where a defendant enters their plea before a judge – is open to the public.

On Monday, Judge Juan Merchan ruled that some press photographers will be allowed to take pictures for several minutes before the arraignment formally starts.

When will Trump be put on trial?

It is unclear when a trial might take place.

Once the case is booked and a judge is selected, other details may fall into place, such as the timing of the trial.

Mr Trump is expected to be released on bail so he will then fly home to Florida.

The judge and legal teams will set a date for the next hearing and there will also be the process of discovery, in which the district attorney’s office must turn over all of its information to Mr Trump’s legal team.

In reality, it could take months before another formal hearing takes place.

If there is a trial, a conviction on a misdemeanour would result in a fine. If Mr Trump were convicted on a felony charge, he would face a maximum sentence of four years in prison, although some legal experts predict a fine is more probable, and that any time behind bars is highly unlikely.

Can he still run for president?

An indictment or even a criminal conviction would not prevent Mr Trump from continuing his presidential campaign if he so chooses – and he has given every indication that he will keep pushing ahead regardless of what happens.

In fact, there is nothing in US law that prevents a candidate who is found guilty of a crime from campaigning for, and serving as, president – even from prison.

Mr Trump’s arrest would certainly complicate his presidential campaign, however.

While it might cause some Republican voters to rally around their embattled champion, it could be a significant distraction for a candidate on the campaign trail, trying to stump for votes and participate in debates.

It would also deepen and enflame already sharp divides within the American political system.

Conservatives believe the former president is being held to a different standard of justice, while liberals view this as an issue of holding law-breakers – even those in the highest positions of power – accountable.

-BBC