NewsChannel 13 spoke with attorney Arthur Frost Wednesday night on the future of the Samantha Humphrey case.

Frost is not involved in the case but has been a part of several high-profile cases.

“The key is the age of the accused at the time of the offense, not at the time of arrest,” said Frost.

Samantha Humprey ex-boyfriend is charged in Samantha’s death and since he was 14 years old at the time of the crime he is being alleged of, he is being charged as of juvenile.

“Well, because you’re dealing with an adolescent, you’re dealing with an adolescent brain. And, you know, the science is very clear that they’re not fully formed. A young man like him doesn’t have the brain that an adult has. And I think that’s something that’s going to factor into the trial. it’s very possible that he denies any involvement whatsoever, but it’s also possible that he admits that he was part of it. And, but because of his youthful brain, you may see expert testimony regarding something like that,” Frost said.

The defendant, Humphrey’s ex-boyfriend, is currently in custody at a juvenile detention center.

“Everybody is entitled to make a bail application. Whether a court would grant so grant bail in a situation like this, that’s up to the judge. here are many factors that a judge will look at to determine whether bail is appropriate. Two of the most, prominent are risk of flight and danger to the community,” Frost said.

Frost also tells NewsChannel 13 that since the defendant is being charged as a juvenile the trial could get moved to family court but he believes that is unlikely in this case due to the nature of the crime.

Watch Zach Richter’s story above to hear from the lawyer.