“He can request a facility close to home or one that may address any medical issues,” former U.S. Attorney David Haas tells In Touch. “However, the Court can only recommend the facility.”
Josh, 34, is just days away from sentencing in his child pornography trial on May 25. Jim Bob and Michelle Duggar’s eldest son may be able to stay close to his wife and seven kids if he’s sentenced to time behind bars, though the Federal Bureau of Prisons – also known as BOP – ultimately determines where someone is incarcerated.
Haas, who has defended against child porn related charges in the past, also shares what Josh’s daily life may look like if he’s sentenced to time in prison. “It will depend on how he is classified by BOP. They will examine any risks he poses or those that are posed to him,” the attorney says. “Given the nature of the conviction, he will likely be in an area of a prison that is more secure.”
An attorney for Josh did not immediately respond to In Touch‘s request for comment.
The former reality star was arrested and taken into custody on April 29, 2021, after a federal grand jury in Arkansas indicted him for “knowingly” receiving illicit images of children under 12 years old. His trial began on November 30, 2021, and concluded on December 9 of that year. He currently faces up to 40 years in prison, with each count carrying a maximum sentence of 20 years.
While Josh’s sentencing hearing was originally set to take place on April 5, 2022, In Touch confirmed the 19 Kids & Counting alum’s sentencing was rescheduled to May 25 at 9:30 a.m. in Fayetteville, Arkansas.
Haas also told In Touch that it “could be difficult” for Josh to appeal his upcoming sentencing. “I would assume there will be an appeal,” he said. “However, the specific issues raised on appeal will take time to be heard. The trial court has already heard these issues so a successful appeal could be difficult.”
Additionally, the attorney estimated how long the former TLC star’s prison sentence could be. “The Federal Sentencing Guidelines will suggest an advisory sentencing range,” Haas explains. “In most cases, the Guidelines range will be lower than the maximum penalty – in this case, less than 40 years.”
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