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Trump at Fulton County Jail | Will he be 'under arrest?'

The former president will turn himself in Thursday night in Atlanta.

ATLANTA — Former President Donald Trump is headed to Atlanta on Thursday evening to surrender at the Fulton County Jail on his charges coming from the 2020 election RICO indictment brought in Georgia.

The former president said on social media earlier in the day that he will turn himself in at 7:30 p.m. The booking process should not be a very long one - Trump could be in and out in a matter of about 15-20 minutes.

RELATED: Here's what time Trump will surrender at the Fulton County Jail

In that time when he's being processed, though - in a booking room, getting his fingerprints and mug shot taken - will he technically be "under arrest" in Atlanta?

Here's what we can say:

Will Donald Trump be under arrest at the Fulton County Jail?

Yes, former President Donald Trump will technically be under arrest during this booking process on Thursday evening. He would also considered to be "in custody" while deputies take him through the steps at the Fulton County Jail.

The jail will go into a "hard lockdown" for Trump as the former president and his Secret Service team arrive. It's not really like there's a precise moment after that where you could say Trump has "been arrested" -- once things are set in motion, but certainly in the few minutes when he's in a booking room and having his fingerprints and mug taken he would be considered "under arrest" like anyone in the custody of the sheriff's office getting booked into the jail.

It's still unclear if special arrangements have been agreed to with Trump for his booking.

Attorney Joshua Schiffer told 11Alive's Rebecca Lindstrom that different arrangements can be made. “It’s the discretion of the prosecution what kind of deals you can make,” he said. How that might look for Trump, what kind of deals could be cut, is obviously unknown. Fulton County Sheriff Pat Labat said his department plans on following “normal practices."

Former Gwinnett DA Danny Porter also said the security concerns could likely alter the usual process. 

"I suspect there's going to be things like clearing out the intake room or the book-in room, Secret Service will have to be there," Poter said.

Once the process is complete and Trump is released, the "arrest" will be concluded, and he's expected to return home to New Jersey.

   

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