Early this morning there was a devastating shooting near Denver, Colorado where 12 people were killed and 59 people were wounded. The suspect, James Eagan Holmes, is in custody and facing serious charges.
Once Holmes was arrested, he was likely immediately read his Miranda Rights. These rights inform us of our right to remain silent and also our right to an attorney. The important thing with this is Holmes will have to invoke his right to an attorney and if he does not specifically ask for an attorney, the police can question him without having an attorney present and use anything he says against him in court.
Charges Holmes Potentially Faces
Holmes will appear in court on Monday, July 23, 2012 where he will hear all the charges he is facing. While we may not know every detail at this moment, there are some charges which will likely be included. He will be facing multiple Murder charges for the people who died and Attempted Murder charges for those injured and potentially those not injured but present at the time of the shooting.
Bail is only available for certain types of crimes and only if you are deemed to not be a flight risk. While Holmes did not put up at fight when arrested, he most likely not a good candidate for bail.
Holmes may face dozens of serious charges, but the outcome of the case will depend on more than just the crime. For instance, there could be possible mitigating factors. Was Holmes capable of understanding his actions? Is he legally insane? This could be taken into consideration at trial. Colorado does have the Death Penalty and I would suspect the goal of whoever is Holmes's attorney would be to make sure that the death penalty is off the table of options.
Of course, Holmes could always accept responsibility and avoid a trial all together by just admitting he is guilty.
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