# What happens if Trump is indicted in Georgia? (Indicted on August 14, 2023)

**URL:** <https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928>\
**Category:** Politics & Elections\
**Tags:** trump\
**Created:** [February 17, 2023, 3:14am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928 "2023-02-17T03:14:26Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\
**Post date:** [February 17, 2023, 3:14am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/1 "2023-02-17T03:14:26Z")

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All I’ve been able to find so far is:

1. For the hearing, he might be brought to the Fulton County courthouse via cooperation between the Georgia State Patrol and Florida Highway Patrol. Probably no frog-marching though.

2. But (more likely), he could waive his appearance at the hearing, and his lawyers would appear on his behalf.

3. The prosecution could ask for a very high bail, and the judge might confiscate his passport, but apparently the flight risk is very low, due to his high visibility.

4. My question is though, what happens once the trial is underway? Is he held in a Fulton County jail whenever he’s not in court? If so, is he still allowed access to hairspray and orange makeup?

Also:  
5. These are state felony charges, so a Presidential pardon doesn’t apply.  
6. In Georgia, the Governor cannot pardon state charges. So unless his lawyers can get the charges dismissed during the hearing, (extremely unlikely), there would be a trial.

1. It’s an open question whether he would have Secret Service protection during his time in jail.

He almost certainly would have it during the trial, but if he’s convicted and sentenced to prison time, it depends on whether Congress modifies the current Protection act to exclude former Presidents convicted of a felony.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [February 17, 2023, 3:41am UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/2 "2023-02-17T03:41:38Z")

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He still has enough friends in the right places to sneak him out of the country, and I wouldn’t bet against him still having enough classified documents to entice a foreign leader to let him “visit” their country for an indefinite period of time.

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**Author:** ![DinoR](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dinor/32/2821_2.png) [@DinoR](https://boards.straightdope.com/u/DinoR)\
**Post date:** [February 17, 2023, 1:29pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/3 "2023-02-17T13:29:39Z")

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> [@kay1864](#):
>
> My question is though, what happens once the trial is underway? Is he held in a Fulton County jail whenever he’s not in court? If so, is he still allowed access to hairspray and orange makeup?

As you imply, he likely makes bail so he could go wherever the conditions of his release allow when not in court.

People who have not yet been convicted are allowed to appear in normal attire in IIRC every jurisdiction in the country if they choose. Even if he is being held in jail prior, his lawyers can make sure he has time to change and do his hair before his appearance. That is not a trip out to the spray tan site but makeup might still allow him to appear similarly to how he normally does.

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**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\
**Post date:** [February 17, 2023, 2:09pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/4 "2023-02-17T14:09:01Z")

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First- dancing in the streets.

I would expect him to be free pending trial, since the Secret Service would always know his whereabouts. I suppose he’d have to surrender his passport

If convicted, I see no need for the Secret Service to accompany him in jail. No way does Kevin McCarthy allow a vote on stripping him of his SS detail, so they’d be assigned elsewhere until he is released.

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**Author:** ![Son\_of\_a\_Rich](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/son_of_a_rich/32/5439_2.png) [@Son\_of\_a\_Rich](https://boards.straightdope.com/u/Son_of_a_Rich)\
**Post date:** [February 17, 2023, 2:35pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/5 "2023-02-17T14:35:25Z")

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No matter what, he’s never going behind any bars. At the most house arrest, which he’ll flagrantly violate with no repercussions. If he was ever to go into exile, he’d just say he had no choice- everybody is so unfair to hims.

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**Author:** ![kanicbird](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kanicbird](https://boards.straightdope.com/u/kanicbird)\
**Post date:** [February 17, 2023, 3:01pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/6 "2023-02-17T15:01:13Z")

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I don’t think the holding passport thing would work so well with someone with a private jet capable of transcontinental travel and his contacts in such high places. Seems like Biden would need to have some of those balloon downing jets standing by incase the big orange balloon tried to float away.

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**Author:** ![Babale](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/babale/32/15666_2.png) [@Babale](https://boards.straightdope.com/u/Babale)\
**Post date:** [February 17, 2023, 3:11pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/7 "2023-02-17T15:11:36Z")

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You got me very excited with the thread title, but how likely is it that this will actually happen? It sounds like they may indict a handful of his underlings, but not Trump.

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**Author:** ![EddyTeddyFreddy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eddyteddyfreddy/32/18796_2.png) [@EddyTeddyFreddy](https://boards.straightdope.com/u/EddyTeddyFreddy)\
**Post date:** [February 17, 2023, 4:55pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/8 "2023-02-17T16:55:24Z")

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He’d likely be released on [personal recognizance](https://www.law.cornell.edu/wex/own_recognizance_(or)), no bail required.

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**Author:** ![Skypist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skypist/32/169_2.png) [@Skypist](https://boards.straightdope.com/u/Skypist)\
**Post date:** [February 17, 2023, 8:52pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/9 "2023-02-17T20:52:10Z")

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What prompted this OP? Any news? How I wish. I’m assuming it’s because the Georgia special grand jury is finished and a limited portion of their report released?

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [February 17, 2023, 9:01pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/10 "2023-02-17T21:01:59Z")

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One thing to remember is that if he’s convicted (whatever the sentence might be), he can’t be pardoned by a future POTUS because these aren’t federal charges. To me that gives this extra significance that distinguishes it from the other criminal investigations he is subject to.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [February 17, 2023, 9:08pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/11 "2023-02-17T21:08:50Z")

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> [@Atamasama](#):
>
> One thing to remember is that if he’s convicted (whatever the sentence might be), he can’t be pardoned by a future POTUS because these aren’t federal charge

I wouldn’t put it past a future Republican governor of the state.

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**Author:** ![Disinfectus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/disinfectus/32/11085_2.png) [@Disinfectus](https://boards.straightdope.com/u/Disinfectus)\
**Post date:** [February 17, 2023, 9:23pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/12 "2023-02-17T21:23:50Z")

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> [@Procrustus](#):
>
> I wouldn’t put it past a future Republican governor of the state.

According to a post above:

" In Georgia, the Governor cannot pardon state charges."

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [February 17, 2023, 9:24pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/13 "2023-02-17T21:24:04Z")

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> [@Procrustus](#):
>
> I wouldn’t put it past a future Republican governor of the state.

I would, considering that Georgia is one of three US states that does not give its governor the power to pardon people.

EDIT: Gah, ninja’d.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [February 17, 2023, 9:24pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/14 "2023-02-17T21:24:58Z")

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> [@Disinfectus](#):
>
> According to a post above:
> 
> " In Georgia, the Governor cannot pardon state charges."

Thanks to both of you. I think I knew that once, but forgot it. Good news.  
(bad law, but good in this case)

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<div class="post-metadata">

**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\
**Post date:** [February 17, 2023, 9:55pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/15 "2023-02-17T21:55:34Z")

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> [@BobLibDem](#):
>
> If convicted, I see no need for the Secret Service to accompany him in jail.

Unless and until the Protection act is changed, he most certainly would have Secret Service protection, 24/7. Even in prison.

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<div class="post-metadata">

**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\
**Post date:** [February 17, 2023, 10:01pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/16 "2023-02-17T22:01:34Z")

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> [@Son\_of\_a\_Rich](#):
>
> No matter what, he’s never going behind any bars. At the most house arrest

Does a felony conviction allow house arrest as a sentence?

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<div class="post-metadata">

**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\
**Post date:** [February 17, 2023, 10:04pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/17 "2023-02-17T22:04:01Z")

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> [@Skypist](#):
>
> What prompted this OP?

Well, several recent articles I’ve seen, but this website includes five of them (scroll down to “many many many”)

> **[Electoral-vote.com](https://www.electoral-vote.com/evp2023/Senate/Maps/Feb17.html)**
>
> Track the 2022 Senate election with a red/blue map of the US updated daily using the latest state polls.

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<div class="post-metadata">

**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\
**Post date:** [February 17, 2023, 10:27pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/18 "2023-02-17T22:27:21Z")

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> [@Disinfectus](#):
>
> > [@Procrustus](#):
> >
> > I wouldn’t put it past a future Republican governor of the state.
> 
> According to a post above:
> 
> " In Georgia, the Governor cannot pardon state charges."

I wouldn’t put it past a state like Georgia to change its laws to give governors that right, just so one could pardon Trump.

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<div class="post-metadata">

**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [February 17, 2023, 10:31pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/19 "2023-02-17T22:31:43Z")

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> [@kay1864](#):
>
> Does a felony conviction allow house arrest as a sentence?

If it’s a nonviolent felony it can, generally speaking.

> **[House Arrest and Ankle Monitors: How Home Detention Works and When It’s Used](https://www.lawyers.com/legal-info/criminal/criminal-law-basics/home-confinement-as-an-alternative-to-prison.html)**
>
> Courts increasingly use home detention and electronic monitoring as a condition of bail, probation, or parole for eligible defendants.

> Although the rules and laws vary from state to state (as well as in federal court), defendants are typically eligible to participate in home confinement in lieu of pretrial detention or a sentence of incarceration if they’ve been charged with or convicted of misdemeanors or nonviolent felonies, don’t have a history of violent crimes, and haven’t violated previous home detention conditions.

However, it looks to me like Georgia state law requires a criminal to be monitored by a county sheriff if sentenced to house arrest, so he wouldn’t be able to do it in Mar-A-Lago.

> **[2010 Georgia Code :: TITLE 42 - PENAL INSTITUTIONS :: CHAPTER 1 - GENERAL...](https://law.justia.com/codes/georgia/2010/title-42/chapter-1/article-1/42-1-8)**

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<div class="post-metadata">

**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [February 17, 2023, 11:11pm UTC](https://boards.straightdope.com/t/what-happens-if-trump-is-indicted-in-georgia-indicted-on-august-14-2023/979928/20 "2023-02-17T23:11:11Z")

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He certainly ought to have secret service protection if he ever goes to prison. It would be an international incident if he were killed in a prison brawl, or even seriously injured.

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