DeLay was indicted Wednesday on one count of criminal conspiracy for his alleged role in a campaign finance scheme that helped give Republicans power in the Texas House and in Congress.
DeLay's attorneys were working out the details of when the 11-term congressman would return to Texas in hopes of saving him from further embarrassment, they said.
"What we're trying to avoid is Ronnie Earle having him taken down in handcuffs, and fingerprinted and photographed. That's uncalled for and I don't think that's going to happen," said Dick DeGuerin, DeLay's attorney.
Earle, the Travis County district attorney, said it is up to the court to decide how DeLay would be arraigned.
It was not immediately clear whether DeLay would have to go through booking after responding to the summons for arraignment, said his attorney Bill White.
A bond amount would be set beforehand so Delay could immediately pay it and avoid a stay in jail. He also could waive going before a magistrate to have his rights and charges read to him, said Roger Wade, Travis County Sheriff's Office spokesman.
DeLay could go to trial in 90 days, which the defense said it favored. "We want a trial right away," DeGuerin said. "We want a trial by the end of the year."
Buck Wood, an attorney who represents Democrats suing some of the corporations that contributed to DeLay's PAC, said although it's difficult to go to trial quickly that may best serve DeLay.
"I can understand why Tom DeLay wants a quick trial, because politically (the indictment) paralyzes him," Wood said.