Josh Duggar News: What Is an Evidentiary Hearing? The Court Will Have One the Day Before the Trial

Josh Duggar news will continue to roll in as his trial date looms closer. Federal agents arrested Josh in April 2021 on suspicion of downloading and accepting child sexual abuse material. In November 2021, Josh attended his pretrial conference. And the pretrial conference determined an evidentiary hearing will take place the day before the trial. So, what is an evidentiary hearing? Here’s what we know.

Josh Duggar attended a pretrial conference on Nov. 18, 2021

Josh Duggar of the Duggar family speaks during the 42nd annual Conservative Political Action Conference (CPAC)
Josh Duggar | Kris Connor/Getty Images

Josh Duggar’s trial will take place on Nov. 30, 2021. Many Duggar family followers wondered if Josh Duggar took a plea deal, as this would likely allow him to avoid a trial altogether. Reports suggest he didn’t accept a plea and still hopes to get acquitted for the alleged crimes.

On Nov. 18, 2021, Josh Duggar and his wife, Anna Duggar, arrived in court for the pretrial conference. Additionally, Fox News notes Judge Brooks ruled that the prosecution will not be allowed to use a past statement Josh made on Facebook against him. The statement noted Josh admitted to having a pornography addiction. Brooks made this ruling the day before the pretrial conference.

Additionally, the judge noted they will not bar Josh and his legal team from “suggesting to the jury that someone else might have committed the crimes.”

What is an evidentiary hearing? It will happen the day before the trial

According to the latest Josh Duggar news, an evidentiary hearing will happen the day before the trial. So, what is an evidentiary hearing? According to Shevin Law Group, an evidentiary hearing, in this case, involves the prosecutors persuading the judge to prosecute Josh for the alleged crimes. Additional evidence may be presented, and the prosecutors can also call witnesses to testify.

During the evidentiary hearing, it’s unlikely Josh and his defense team will attempt to prove his innocence. But they do have the opportunity to question the witnesses brought forth by the prosecution. Additionally, the publication notes the evidentiary hearing could also potentially cause the dismissal of the case completely if the judge sees it fit. This means Josh may not go to trial if his hearing goes well for him, but it doesn’t determine his guilt or innocence. It just means the case had “insufficient evidence.”

So, how did an evidentiary hearing come about? According to People, the prosecution wants to introduce evidence about Josh’s alleged molestation scandals of the past. The dispute as to whether the prosecution can introduce this evidence is why the hearing will happen.

Will Josh Duggar’s trial be televised?

Duggar family followers want to know if Josh Duggar’s trial will be televised. So far, it’s unclear how public the trial will be. Many family followers didn’t think Josh Duggar’s case would even make it to a trial. So far, it seems the trial will, indeed, happen, unless something happens at the evidentiary hearing the day before.

Fans hoping to see the Duggars can no longer watch them in new episodes of TLC’s Counting On, either. TLC canceled the show after Josh’s arrest.

How to get help: If you or someone you know has been sexually abused, text HOME to the Crisis Text Line at 741741 for free and confidential support.

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