Luis Toledo has not been named a suspect in the disappearance and death of his wife and children, but his court-appointed attorney told reporters Friday that the Volusia County Public Defender's Office is preparing for Toledo to be charged with a high crime.
"I have been alerted by my office that there is a potential first degree murder charge coming," said public defender Roger Lewis.
Toledo made a first appearance in Volusia County Court on a domestic violence charge out of Seminole County.
Police say he fought with his wife, Yessenia Suarez, on Tuesday. Suarez's family reports seeing her and her children, Thalia Otto and Michael Otto, that night.
Wednesday Suarez's family asked Volusia County Sheriff's deputies to conduct a well-being check at the family's Deltona home.
Deputies say the home was empty when they got there, but Toledo arrived later and was taken into custody on the domestic violence charge.
Thursday Volusia County investigators said they believed the mother and her children were dead and named Toledo a person of interest in their death and disappearance. There have been no charges filed in that case.
During his court appearance Toledo told the judge through his public defender that he believed he was being "illegally detained" in Volusia County.
Investigators say they have questioned Toledo over the past two days about the whereabouts of Suarez and the kids.
"It's my understanding that we're hopeful that he'll continue speaking to us, but that is entirely up to him," Volusia County prosecutor Ryan Will said after the court appearance.
The judge ordered Toledo into the custody of Seminole County, since that is where the domestic violence charges were filed.
It's unclear when Toledo will leave Volusia County. He is being held without bond.