Josh Duggar’s Court Case: The Prosecution Objects to Josh’s Request for a Continuance Until 2022

One thing seems certain; Josh Duggar’s criminal trial will not begin in July 2021. A federal judge initially set a date of July 6 for Duggar’s trial, but his representation recently filed a motion to postpone the start date. Prosecutors just responded to the request. While they don’t agree that the defense needs more than six months to research the case, they are OK with the idea of continuance.

Josh Duggar’s lawyers requested a continuance until February 2022

Earlier this month, Duggar’s lawyers requested a continuance that would set the former reality TV star’s child pornography trial back seven months. In the filing, Duggar’s lawyer, Justin Gelfand, argued that the defense needed more time for discovery. He accused the state of failing to hand over all documentation and revealed that the defense had hired a forensic expert to comb over Duggar’s digital devices.

Josh Duggar of the Duggar family made Duggar news with April 2021 recent arrest -- this is his mug shot
Josh Duggar’s mug shot in 2021 | Washington County Sheriff’s Office via Getty Images

The motion requested the trial date be pushed back until February 2022. Gelfand cited his workload and a court backlog as additional reasons for the postponement. The judge has failed to make a ruling just yet, but the prosecutors certainly has an opinion about the motion.

The US Attorney assigned to the case objects to the length of the request

The request that Duggar’s legal representation filed isn’t particularly uncommon. In fact, it would have been a bit surprising if the trial had started on July 6. Still, the prosecution isn’t thrilled with the request. That’s not to say they aren’t in agreement that more time is needed. They don’t believe the defense needs seven months to review documents and get their strategy straight, though.

According to Yahoo!, the prosecution filed a motion partially objecting to the postponement request. The filing states that the prosecutors are not opposed to moving the date of the trial for further discovery. They believe three months is a sufficient amount of time, though. If their request is granted, the trial will begin in October 2021 instead of February 2022, as the defense requested.

Pregnant Anna Duggar smiling at the camera with Josh Duggar of the Duggar family from TLC posing during the 42nd annual Conservative Political Action Conference (CPAC)
Anna Duggar and Josh Duggar | Kris Connor/Getty Images

An October 2021 date would place Duggar’s trial squarely around Anna Duggar’s rumored due date. The mother of six announced she is expecting her seventh child with Duggar just one week before he surrendered to the United States Marshals. She is due sometime in the Fall, although Duggar family followers strongly suspect she’ll give birth in October. 

What happens if a judge approves Josh Duggar’s request?

Ultimately, the judge presiding over the case will make the final call on whether a new trial date is granted. If the judge allows for a postponement of three months or seven months, several things will still happen. Duggar will still need to adhere to the guidelines set at his bond hearing to remain out of jail. He’ll need to check in with an officer of the court regularly, and the court will revoke his bond if he violates any of the terms of his release.

A judge's gavel is seen on a shiny black desk
A judge’s gavel | Wodicka/ullstein bild via Getty Images

When Duggar was released on bond in May 2020, he had to agree to some tough stipulation. The father of six is being monitored via GPS and is currently residing with a court-approved chaperone. He isn’t allowed to access the internet or any electronic device with internet access. Duggar is also only allowed to leave his home for certain appointments and can not travel out of state. He may only see his children if a chaperone is present. Duggar isn’t allowed to be in the presence of minors that are not his own children. Those stipulations will remain in effect regardless of when the trial begins.

RELATED: Duggar Family Followers Debate Just How Much Anna Duggar Knew About Josh’s Charges Before His Arrest