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Why Josh Duggar Will Likely Face Maximum Prison Sentence For Child Porn Charges, According To Lawyer



(Image credit: My TV)

It’s been eleven months since former reality star Josh Duggar was arrested and charged with possession and receiving of child pornography, with everything coming to a head back in April 2021. And it’s been around three months since a trial jury found Duggar guilty of both counts. His sentencing is scheduled to go down on April 5, and while it’s still unclear how things will go down in that courtroom, one lawyer seems to think the judge handling things will give Duggar the maximum punishement for his crimes.

Beverly Hills family and criminal law attorney Adam Michael Sacks provided some legal insight to The Sun, saying that he foresees Josh Duggar being handed the largest sentence in the range dictated by the Federal Sentencing Table, with criminal history and victims’ ages factoring into the decision process. According to Sacks, even though the sentencing formula is essentially what will determine how long Duggar goes to prison for, the judge may choose to push for a more serious punishment because of his past as a TV personality. In his words:

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.’

Celebrities who find themselves in legal trouble spark criticisms and outcries when those situations get resolved without the famed offenders facing any consequences. (Often in cases involving DUIs and domestic disputes, but those are hardly alone.) But from his point of view, Adam Michael Sacks thinks that the judge in this particular case will want to avoid any sense of favoritism when it comes to Josh Duggar, in the sense of giving him a shorter sentence.

To be sure, Sacks’ opinions on the matter are hardly gospel, as it were, and he obviously can’t say for certain exactly how Duggar’s sentencing will go. But his assumptions are at least understandably informed, and he does say that things could certainly go the other way if the judge is feeling genuinely compassionate:

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.

Considering the heinous and sensitive nature of the crimes that Josh Duggar was found guilty of, it would presumably inspire shock if the judge decides to opt for the lighter end of the sentencing range. Especially since not much remorse or acceptance of responsibility has been displayed while the former 19 Kids and Counting star and his legal team have made attempt after attempt to appeal each ruling that doesn’t go in Duggar’s favor. 

The latest strategy, with a motion for a new trial filed at the end of February 2022, is to argue that zero evidence exists that proves Duggar himself personally viewed the child pornography material at the center of the investigation, with a finger being pointed at Caleb Williams, an alleged former boyfriend of Jana Duggar who Duggar’s lawyers say had access to the computer at the Duggar-owned car lot, as well as the device’s password. Williams wasn’t allowed to be called during the two-week trial that ended in December 2021, and the documents filed argue that this wasn’t a fair outcome. It’s unclear whether or not the new arguments would refute findings tied to Duggar’s iPhone 8 that was an investigation catalyst.

Having just spent his 34th birthday behind bars, Josh Duggar will be sentenced on April 5, 2022.

Nick is a Cajun Country native, and is often asked why he doesn’t sound like that’s the case. His love for his wife and daughters is almost equaled by his love of gasp-for-breath laughter and gasp-for-breath horror. A lifetime spent in the vicinity of a television screen led to his current dream job, as well as his knowledge of too many TV themes and ad jingles.

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