FAYETTEVILLE, Ark. (KNWA/KFTA) — The former “19 Kids and Counting” reality star Josh Duggar should be released from custody and allowed to return home to take care of his family, according to his attorneys, Travis Story and Justin Gelfand, who filed a response in opposition to the government’s motion for pretrial detention on Tuesday, May 4.

Duggar, 33, is charged in a two-count indictment alleging one count of receipt of child pornography and one count of possession of child pornography. Duggar has pleaded not guilty to both counts.

Duggar’s detention hearing is set for Wednesday afternoon. The court states, “No social media should be accessed or utilized during the proceeding.”

Josh Duggar makes his first appearance before a federal judge in Fayetteville, Ark. | Artist: John Kushmaul

Story and Gelfand gave the below reasons for pre-trial release:

  • No prior criminal convictions.
  • Has maintained an open dialogue with the U.S. Attorney’s Office in connection with the investigation, which began in 2019.
  • Voluntarily self-surrendered in the case on April 29, 2021.
  • Is not a flight risk, a danger to the community, and has deep roots.
  • He has a widely recognizable face and has spent most of his life in the spotlight, making a risk of flight all the more unwarranted.
Former reality TV Star Josh Duggar is being held in a Northwest Arkansas jail after being arrested, Thursday, April 29, 2021 by federal authorities. (Washington County Arkansas Jail via AP)

In the nine-page document, the defense requested that the court “permit him [Duggar] to return home to his immediate family during the pendency of this case. The residents of his home are his wife (who is pregnant) and their six children.”

During Friday’s, April 30th, federal court hearing the judge requested a third-party custodian with whom Duggar can reside and no minor children in that home, should he be released on bond.

“Regardless of where he resides, Duggar is committed to abiding by any conditions of release established by this court,” according to the document.

The attorneys stated, “Duggar should be released on bail with a combination of conditions that will reasonably assure his appearance at trial and the safety of the community or any other person.”

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