Josh Dugar deserves very little punishment for most of his innocent crimes because he is a very good man who has never broken the law before.
So at least argue lawyers on behalf of convicted sex offenders.
Towards the end of May 18, Dugar’s defense filed an official response – in Fayetteville’s Western District of Arkansas Federal Court – asking the judge to sentence his client to 20 years in prison.
To open up, the response sought to emphasize that there was no legal precedent for sending Josh Dugar to prison for such a long time.
It claims that “the government has not pointed to a case where a convicted felon has been sentenced to 20 years in prison for possessing child pornography.”
And it added that such a punishment would be “excessive, completely unreasonable, and unprecedented due to the alleged crime.”
The word “accused” seems out of place there … considering Dugar was convicted in December of downloading sexually explicit material to children under 12. This is not mere Complaint.
The document continued to object to the government’s filing, detailing some illegal child sexual assault material (CSAM) graphic downloaded on Dugger’s desktop computer.
Dugar’s team acknowledged that “real children are victims of child pornography crimes,” but tried to maintain that Dugar did nothing wrong.
According to these attorneys, most of the illegal material in question was “either not on the computer at first or never seen by any computer user.”
Yes, Dugar is still trying to argue that he did not see the explicit photos discovered by federal agents on his old work computer.
The document goes on to say that Duggar’s crimes occurred “in a matter of days” – as if in some way significant – and that the six months involved in downloading and executing a search warrant on Duggar’s car lot.
The first section of the document concludes with a repetition of the defense that the five-year sentence would be “sufficient, but not more than necessary.”
For the past several days, Dugar has been waiting for his sentence to be announced on May 25. Both the prosecution and the defense have submitted several documents in an attempt to influence the sentencing judge in one way or another.
This is a common legal strategy.
Due to the former reality star’s reputation and the heinous nature of his crime, Dugar’s case has simply gained extra attention.
The final part of this latest filing, meanwhile, outlines Dugger’s defense objections to the government’s classification of “type of activity”, citing cases that the prosecution has described as “largely irrelevant to the analysis.”
It is a reference to the fact that Dugar confessed to indecent assault on a number of young girls, including his own sister, in 2015.
Defendants do not think that the judge should consider these incidents when sentencing.
“There was no juvenile justice, much less a suffix,” the defense highlights Josh’s past misdeeds, which his parents, Jim Bob and Michelle, covered up at the time.
The defense further alleges that the entire basis of this augmentation depends on “hearing evidence” because a close family friend, Bobby Holt, testified in Dugar’s 2021 trial that he thought it happened between himself and these underage girls.
Minimum sentence of five years … then the motion ends with another request for defense for a period of supervised release.
Duggar was convicted in December of two counts of child pornography.
He is being held in a Washington County jail while awaiting sentencing on May 25.