Josh Duggar has filed a motion in a federal court in Arkansas to be released on bail over his allegations of child pornography, claiming that he does not pose a flight risk because he has “ a widely recognizable face. ”
The former 19 Kids and Counting star, 33, is charged with one count of receiving child pornography and one count of possessing child pornography, but has pleaded not guilty to both counts.
Duggar has now requested to go home to his pregnant wife and their six children – although a judge had previously ruled that he would not be allowed to live with them if he were released on bail pending trial.
The reality star has now argued in court documents filed Tuesday and obtained by DailyMail.com that he is ‘not a flight risk’ due to his ‘deep roots’ in the community and his ‘widely recognizable face’.
“ He was born and raised in this community and, with the exception of a stint in politics in Washington, DC, this has always been his home, ” reads the filing of his attorneys Travis Story and Justin Gelfand.
“Indeed, Duggar’s life – and that of his parents and 18 siblings – has been largely documented on camera and in the media.”
The filing continues, “In that vein, Duggar has a widely recognizable face and has spent most of his life in the public spotlight – and his concerns about the risk of fleeing all the more unfounded.”
Duggar claims he poses no danger to the community and has ‘fully’ complied with law enforcement and has no previous criminal convictions.
‘[He] has been aware of this federal criminal investigation since November 2019, when Homeland Security Investigations (‘HSI’) carried out a search of Duggar’s former workplace, ‘the filing reads.
Duggar claimed that he “had an open dialogue with the US attorney in connection with this investigation” and noted that he was allowed “to surrender voluntarily in connection with this case.”
“While child pornography crimes are undoubtedly serious, the charges certainly do not allege that Duggar had personal contact with a single child,” the document reads.
Duggar suggested in the filing that if he is not allowed to return home, he has provided the name of a ‘third-party custodian’ with whom he can live with no minor children.
He noted in the legal document that he will obey the court’s terms of bail if granted.
After filing his innocent plea to a court in Arkansas on Friday, US chief magistrate Judge Erin L. told the US attorney’s office.
This would prohibit Duggar from returning to the house where he lives with his wife Anna and their six children, the oldest of whom is only 11 years old.
Judge Wiedemann advised Duggar that he should work out an alternative home where he could stay while awaiting trial.
“Given the nature of the charges against him, the court would likely need a third-party custodian with whom he could live and who would make sure the bail conditions are met,” Judge Wiedemann said.
Josh and Anna Duggar, and their six children. Anna is pregnant with their 7th child while Josh tries to get bail
‘We are very sad about the whole thing, it is awful. It’s all very sad, ‘said Jill Duggar (along with her husband). Josh Duggar (left) pleaded not guilty to federal child pornography charges during a virtual court hearing Friday
Wiedemann said a probation officer would interview Duggar to determine if he is eligible for bail.
Duggar is accused of “using the Internet to download child sexual abuse material.”
Duggar reportedly owned this material, some of which depicts the sexual abuse of children under the age of 12, in May 2019, according to the U.S. Attorney’s Office.
It is not clear if any of Duggar’s family would shelter him while awaiting trial.
Several members of the family have spoken out since news of his arrest was announced last week.
Jim Bob and Michelle Duggar said they still loved Josh and prayed for him after his arrest
Jinger Duggar, center, husband Jeremy Vuolo, left, who went shopping in Hollywood on Saturday, released a joint statement saying they were ‘insane’ to hear about the allegations
Duggar’s sister told Jill The sun: ‘We are very sad about the whole thing, it is terrible. It’s all very sad. Josh’s wife Anna is pregnant with their seventh child, I can’t imagine how she feels. ”
Jill’s husband Derick told The Sun that “if there is anything out there related to child pornography, we hope justice is done.”
Another of Josh’s sister, Jinger, and her husband, Jeremy, have also responded to Duggar’s allegations after they were made public Friday.
“We are concerned about the charges against Josh. While this case has to go through the legal system, we want to make it clear that we absolutely condemn any form of child abuse and fully support the authorities and the legal process in their pursuit of justice, ” the couple wrote in a statement shared to Instagram. .
Duggar’s parents and fellow 19 Kids and Counting stars Jim Bob and Michelle Duggar also released a statement on Friday.
“We appreciate that you continue to pray for our family today. The charges brought against Joshua today are very serious, ” they said in the statement obtained by People magazine.
“Our prayer is that the truth, whatever it is, will come to light, and all this will be resolved in a timely manner.”
They added, “We love Josh and Anna and continue to pray for their families.”
A trial date for his case has been set for July 6, with a pre-trial hearing on July 1.
If convicted, Duggar could face up to 20 years in prison and fines of up to $ 250,000 per count.