Shocking new information is coming out as Josh Duggar’s legal team filed an appeal earlier this week requesting a new trial for his federal conviction on child pornography charges. As those who are up-to-date with this story know, Josh was found guilty and sentenced to 12.5 years behind bars. With the appeal, Josh’s legal team is arguing he was “unfairly” restrained by Homeland Security and he was denied his right to his attorney.
When exactly is his legal team claiming he was unfairly restrained and denied access to his attorney? And, what could this mean for his case moving forward? Keep reading for the details on this that have been released thus far.
Josh Duggar legal team files appeal, why?
Court documents obtained by The New York Post revealed that Homeland Security had eyes on Josh Duggar’s car lot for a while before executing the search warrant. Per the outlet, the court documents describe the car lot as “in the middle of nowhere.” The documents also confirm Homeland Security waited for Josh Duggar to return to the car lot in November of 2019 before executing the search warrant.
Josh’s legal team argues it was unnecessary for him to be there and there was “no reason” for him to be on the property while they conducted a search of it.
After Josh Dugar arrived, he was reportedly “surrounded by armed agents wearing ballistic vests, and without access to a vehicle. [He] attempted to call his attorney only to have his phone physically taken and was told his attorney would not be allowed on the scene.”
Handcuffs aren’t the only form of restraint
Josh’s legal team alleges that Josh was forced to wait in a police car with two armed agents after his phone was taken away and he was denied his right to an attorney.
This court should conclude a reasonable person in Duggar’s position would have felt ‘deprived of his freedom of action in any significant way.’ The government also contends Duggar was not restrained. But restraint is about more than being handcuffed.”
Josh’s legal team points out the government argues he wasn’t restrained because he wasn’t in handcuffs. Their argument goes on to point out that being stripped of his phone and forced into the back of a police car is the same as being placed in handcuffs.
Because Josh Duggar was without a vehicle, authorities argue he was not restrained. He simply had no way to leave. His legal team argues he would have walked away from the car lot on foot to get out of the uncomfortable situation if he hadn’t been physically restrained by the agents in the back of the car.
Do you think Josh will be granted an appeal for a new case regarding his federal conviction on child pornography charges? Could there be any truth to his unfair restrainment and denied access to his attorney? Share your thoughts on this shocking update in the comments down below. And, keep coming back for more TLC news.
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