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Trump is accused - but the trial may take place in years - voila! news

2023-04-05T18:19:46.646Z


Within 15 days of the hearing, the prosecution must transfer all the evidence it collected as part of the investigation to the defense team, and it has 45 days to submit requests. The law in New York states that prosecutors must be ready to prosecute a criminal case that includes a charge of a serious offense within 6 months - but in reality the situation is different


New York is preparing for the historic hearing of former President Donald Trump (Reuters)

The "New Yorkers v. Donald Trump" case is just the beginning for the former president.

After the extradition and hearing today (Tuesday), the legal process may last months or even longer.



Within 15 days of the hearing, the prosecution must transfer all the evidence it collected as part of the investigation ("discovery") to the defense team.

This includes the grand jury records;

The testimony of any witness lists of law enforcement regarding anyone interviewed as part of the investigation, even if they did not testify before the jury;

Any item presented to the jury to substantiate the charges in the indictment and other documents in the prosecution's possession, such as telephone records, tapes, etc.

Trump ahead of his arrival at the court in Manhattan, today (Photo: Reuters)

Trump's defense team said it would file motions with Judge Juan Marchan immediately to dismiss the case before it goes to a jury in a trial.

The defense team has 45 days to file the post-hearing motions, but the judge has discretion about granting more time.



Trump has hinted that his staff may seek to transfer the case from Manhattan jurisdiction.

Requests to transfer cases are usually denied, and the defense team will have to convince the judge that Trump cannot get a fair trial in the city because of his previous publicity.

However, the fact that Trump is recognized everywhere in the world will probably be the judge's reason not to transfer the case to another jurisdiction.

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A demonstration outside the criminal court in Manhattan ahead of Trump's arrival, today (Photo: Reuters)

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Other motions hinge on defense arguments about the statute of limitations having expired, the nature of the charges involving federal campaign violations, or attacks on the fact that the evidence is insufficient.

It is possible that Trump's team will file a motion to dismiss the indictment ("Clayton motion") based on the interests of justice.

His lawyers may argue that the district attorney who preceded Alvin Berg, did not prosecute Trump.

When will a trial be held?

New York's "speedy trial" law states that prosecutors must be ready to prosecute a criminal case that includes a felony charge within six months.

However, in reality things are different.

Former prosecutors have said it will be many, many months before the case goes to trial, if at all.

One reason is the time it will take for a judge to rule on all the motions filed by Trump's team.

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Source: walla

All news articles on 2023-04-05

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