It’s been more than a year since Josh Duggar officially surrendered to a federal prison after being found guilty and sentenced on counts of receiving and possessing child abuse materials. The former 19 Kids and Counting star’s team had vowed to appeal at the time his court case finished playing out, and that’s exactly what happened. Though he was denied a request for a new trial, it sounds like the Duggar family is not giving up.
What Happened With Josh Duggar’s Team’s Denied Trial Request
It was just a short while ago that Josh Duggar’s legal team saw a setback in the form of being denied a request for a new trial. While the former TV star’s lawyers argued some evidence that had been brought up during the course of his trial should have been inadmissible due to circumstances –those being that Josh allegedly was denied legal representation when the used car lot was initially investigated before his arrest – the court that wrote the opinion seemingly disagreed.
The opinion that was ultimately filed about the reality star’s request for a new trial mentioned that some of the arguments that Duggar’s legal team had made did not necessarily corroborate with the evidence. For example, his legal team had argued counsel should have been present, but the opinion stated the government had taken steps to explain his rights to him.
The court's decision to deny a new trial hinged on the following:
It is true that the agents read him his Miranda rights, which ordinarily might leave someone with the impression they are in custody. But when Duggar signed a form acknowledging his rights, he had the agents 'scratch out' the portion saying that he was being 'taken into custody.' Modifying the form made it clear he was free to leave. The second and third factors also favor the government. Duggar sat in the front passenger seat of the agents’ truck during the interview. They 'did not handcuff him, the doors remained unlocked, and he entered and exited the front seat of the vehicle on his own,' which means he' retained freedom of movement throughout the' encounter.
In addition, reports about the incident mentioned that Josh had "voluntarily acquiesced" to questioning and that he was the person who had reportedly kicked off the interview portion of the conversation when he himself asked the officers who were present: 'Has somebody been downloading child pornography?'
Even though the bid to attempt to get him a new trial did not work, his legal team isn't finished yet.
What Duggar’s Legal Team Is Reportedly Planning Next
In the days after the trial request, Josh Duggar’s lawyer filed for an “extension,” citing at the time that he has had struggles with working with his client. His reported reasoning, per the paperwork (via The Sun), mentions the difficulties between communicating across state lines.
While Josh Duggar’s trial occurred in Arkansas, he was ultimately incarcerated at FCI Seagoville, which is located in Texas. His legal team reportedly wants to file a “petition for rehearing,” but there have allegedly been difficulties in communication in order to make this happen. The legal team wrote:
Since the Opinion was issued, undersigned counsel has had difficulty communicating with Appellant because he is currently detained at a facility in a different state. It is essential that undersigned counsel discuss this Court’s opinion and the complex issues involved with Appellant before filing a petition for rehearing.
Duggar’s lawyer requested an additional 14 days, which was reportedly granted.
Interestingly, while Duggars' legal team is still being funded, there have been separate rumors swirling about the Duggar family having some monetary problems now that the (reported) cash cow that was TLC shows such as Counting On and 19 Kids and Counting are over. While some of the family members have shifted to sponsored posts on social media and writing Duggar-related books in order to make money, it has been alleged that patriarch Jim Bob was pocketing a significant amount of the reality TV money. While none of this has been confirmed and Jim Bob has other business, it’s certainly true the reality TV windfall is now over.
In the face of this, how long the family will continue to pursue legal avenues remains a question. If nothing to the contrary happens, Josh Duggar is already expected to be released from prison in the fall of 2032, and will begin serving 20 years of probation at that time.
