AURORA - The man accused of killing 12 people and injuring 58 others in the movie theater shooting will appear before an Arapahoe County Judge Monday for the first time.
James Holmes is being held at the Arapahoe County Jail.
Monday's court proceeding will take place at 9:30 a.m. Holmes will be advised of the charges upon which he was arrested.
9NEWS has learned that those charges may or may not be different from the ones that will eventually be filed by the prosecution.
After the advisement, prosecutors technically have 72 hours to decide on and file official charges against him.
James Peters, a former Arapahoe County Prosecutor who prosecuted Nathan Dunlap in the Chuck E. Cheese restaurant murders, told 9NEWS an extension might be requested because of the complexity of the case. Dunlap, who killed four people at the restaurant in 1993, is on death row.
"A case like this involves so many different aspects, they'll be working with the police, dealing with things such as search warrants, locations, is there enough evidence to proceed," Peters said. "On a case like this you're going to in the back of your mind start thinking of the death penalty and factors that might be taken into account in either seeking the death penalty or defenses that might exist to prevent that from happening."
One of the aspects both sides will be looking at is whether Holmes deliberately and consciously committed his alleged actions.
Another question that could arise is the suspect's competency to face future legal proceedings like a preliminary hearing or trial, if a judge rules he isn't able to understand what's happening or assist in his defense.
9NEWS legal analyst Scott Robinson says it's likely too early for defense attorneys to raise questions of whether Holmes is competent, which would require a court ordered psychiatric evaluation.
Regardless, Peters said the case will take a long time. Dunlap's trial started almost three years after the shooting. He's still going through appeals, nearly 20 years after the 1993 murders.
There will be extra security on hand for Monday's advisement, according to Arapahoe County undersheriff Dave Walcher.
Walcher could not disclose how many extra deputies will be on duty, other than to say additional people will be at the courthouse.
"We will do everything we need to do to ensure the safety of the people in the courthouse and the suspect," Walcher said.
Holmes has been in "administrative segregation," Walcher told 9NEWS, which is common for high profile inmates. He would not disclose how Holmes will be transported the courthouse, which is right next door to the jail.
"Our fundamental responsibility when it comes to this whole thing is the safety of the courts, anyone who comes to the courts and our staff. We want to do everything to make sure the public is safe," Walcher told 9NEWS. "This is incredibly important. This is an absolute tragic time for our community. We have a job to do and we will do our job."
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