Roger Cossack: What's next in Soltys case?

CNN Legal Analyst Roger Cossack

(CNN) -- Police in Sacramento, California, captured Ukrainian immigrant Nikolay Soltys Thursday in connection with the deaths of six members of his family. CNN Legal Analyst Roger Cossack talks about the case.

Q. Now that Soltys has been arrested, how will the case likely proceed from here?

A. With multiple killings, there will be no bail in this case. He will most likely go to court within 48 hours and have his first appearance. He will either have a lawyer appointed to his case or have an opportunity to hire a lawyer. He may enter a plea of not guilty, or they may put it off.

Q. How will the charges formally be brought against Soltys?

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A. There are two ways to bring a felony indictment in California. One way is through a grand jury. There is also the possibility of a preliminary hearing. That's an adversarial hearing at which witnesses would appear and cross-examination would be allowed. It's up to the district attorney to decide which way he wants to go.

What the district attorney has to prove in either approach is, one, that there was a crime committed and, two, there is reason to believe that the defendant is the one that committed the crime. You don't have to prove it beyond a reasonable doubt. The amount of evidence needed is very, very low for an indictment.

Q. There have already been some reports questioning Soltys' mental stability. Will that likely be an issue?

A. I suppose the defense may wish to have to him examined by a psychiatrist to see whether he is competent to stand trial. The test there is whether he understands the proceedings and whether he is able to cooperate with his lawyer.

It's possible he can also plead not guilty by reason of insanity. That is a very difficult hurdle. That's one of the few times that the defense has to convince a jury -- not a matter of the prosecution convincing the jury.

Q. Do you think prosecutors will seek the death penalty?

A. Obviously, this is the kind of case, multiple killings, in which the death penalty would be available, but the decision is up to prosecutors.