ATLANTA — Donald Trump has now been indicted in Georgia, marking his fourth indictment in recent months and anticipation for a long legal process.
As 11Alive tracks what's next, there are also questions about a future arraignment and possibilities for bond.
THE QUESTION
Can a Fulton County judge require former President Donald Trump to post bail following his arraignment?
THE SOURCES
- Attorney Darryl Cohen, a former Fulton County prosecutor who is not affiliated with this case
- Fulton County District Attorney's Office
- Recent decisions in Trump's other three indictments
THE ANSWER
Yes, a Fulton County judge could require the former president to post bail among any conditions of his release, but legal experts suggest that's not likely to happen in Donald Trump's case.
WHAT WE FOUND
During a defendant's first appearance in Fulton County Superior Court, a judge will determine if the person should be detained or released from custody and under what conditions. Cohen said the type of bond the judge could potentially grant also depends on a series of factors.
"Under normal circumstances," Cohen said, "Most cases have a bond within a certain range depending on who the defendant is, what they are charged with... risk of flight, endangerment to the community."
But Cohen adds a judge does not have to set a cash or collateral bond and cautions, the former president's case is anything but normal.
Judges also have the option to release a defendant on the promise to appear back in court, also known as ROR, 'released on your own recognizance,' or SOB, 'sign your own bond,' Cohen explained.
The legal expert expects that will be the case with Trump.
"I don't see him being forced to put up anything other than his signature," Cohen said. "Because he's just not a threat to flee. He's not a threat to the community in terms of creating another crime that someone would have to prosecute."
That trajectory would also be consistent with Trump's other three indictments. In June, the former president was released on his own recognizance without bail in the classified documents case while in early August, he was released on an appearance bond with a few conditions after pleading not guilty to conspiracy and obstruction charges.
In New York, the law is a little different because non-violent charges don't qualify for bail in the hush money case.
Ultimately, we verified it's true a Fulton County judge could require the former president to post bail among any conditions of his release, but legal experts also suggest, like prior cases, that's not likely to happen.