Josh Duggar is attempting to delay sentencing in his child pornography case!
According to court documents obtained by Us Weekly, the 34-year-old asked a judge to push back his April 5, 2022, sentencing for two counts of receiving and possessing child pornography by a month. Why? The records noted that Duggar asked for the postponement to have more time to “pursue additional information and documentation,” stating:
“Defendant Joshua James Duggar, by and through undersigned counsel, respectfully requests that this Court continue the sentencing hearing in this case by approximately 30 days. Specifically, the defense would benefit from a brief continuance to provide additional time to pursue additional information and documentation related to a possible 18 U.S.C. § 3553(a) consideration.”
Furthermore, the records indicated that his legal team has “faced some delay in scheduling certain attorney-client privileged meetings by videoconference” due to “certain reasonable COVID-19 precautions” in place at the Washington County Detention Center in Arkansas, where he has been locked up since December. His attorneys feel they need a “brief continuance” in order to give them more time to plan and collect evidence and documentation to present before his sentencing hearing in court. According to The Sun, Duggar’s legal team insisted that the request is “not intended to unnecessarily delay or hinder the proceedings.”
Related: Josh Duggar Ditched By Family On First Prison Birthday
As you know, the 19 Kids and Counting alum, who was found guilty on two charges of child pornography back in December 2021, potentially faces up to 20 years in prison and $250,000 in fines for each count. Per The Sun, the judge will decide the number of years based on the range determined by the Federal Sentencing Table that incorporates the criminal history, age of victims involved, and more. But based on those sentencing guidelines, the outlet previously reported that Duggar could face only a maximum of 14 years or a minimum of six years inside prison.
However, criminal law attorney Adam Michael Sacks told the outlet he believes the reality star will get the maximum sentence, explaining:
“The judge doesn’t have a lot of discretion because of the formula used for sentencing. If the judge feels like he’s worth saving, he’ll go towards the lower end of the range. If Josh has a bad attitude in court or if he is influenced by victim statements, he’ll aim for the higher range.”
“For Josh, I believe he will get a higher sentence. Courts don’t want to deal with being accused of giving special treatment and just giving a slap on the wrist. The judge might say, ‘People looked up to you. You were on television. You should’ve been a better example for the people who watched you.”
Additionally, the lawyer noted that Duggar’s two charges most likely will run concurrently — meaning he’ll serve both sentences at the same time.
District Judge Timothy L. Brooks has yet to rule on the request at this time, so we will have to see if he opts to postpone it by 30 days! Do you think the judge will move the date of the sentencing hearing? Let us know.
[Image via Washington County Sheriff’s Office]