Jussie Smollett’s Prison Release Happened Due to Legal Error? Experts Weigh In
Jussie Smollett was released from his cell on Wednesday amid his lawyers' attempt to appeal his conviction over hate crime hoax.
On Wednesday, Smollett left the jail as the Illinois state appellate court approved a 30-month probation period. Although his release did not shock the #FreeJussie supporters, a legal expert recently weighed in and revealed the possible reason behind the court's decision.
West Coast Trial Lawyers President Neama Rahmani, who is not involved in the case, told Fox News Digital that Judge James Linn or the prosecutors committed a legal error that led to the actor's release.
"[Smollett] didn't take a plea, that's why it's a weird issue. He didn't take a plea. [Foxx] said, 'Listen, forfeit your bond, and if you agree to do some community service, I'm going to dismiss.' So that's why it's a weird legal issue," he said.
Rahmani added that the recent development is a good sign based on the decision from the appellate justices since Smollett and his team now have a decent case to have his conviction overturned. He explained that it is now more possible due to the team's Fifth Amendment argument.
He then noted that the actor's legal saga is a good case since two out of three justices approved his release on bond. With that, he believes Smollett has an excellent legal argument for getting his conviction overturned.
Jussie Smollett's Party Seeking To File an Appeal
Smollett was ordered to repay $120,106 restitution after he was convicted of committing a hate crime hoax. The court granted him release after posting a personal recognizance bond of $150,000.
Following the good news, Smollett's defense attorney Nenye Uche said they are now seeking to file an appeal of the verdict. The camp also expressed their gratitude and happiness after the Illinois District Appellate Court granted the ruling.
"To be recharged and prosecuted for the same thing, a second time, is not just morally wrong, but certainly double jeopardy and thus unconstitutional - especially as it concerns an innocent man," she went on.
Los Angeles-based defense attorney Lara Yeretsian also saw it as a good sign as it proves that the 39-year-old actor "has got some really good grounds for his release." She added that the panel probably realized the lawyer's firm point since the justice system in the country should take two things into account - law and the Constitution.
As of press time, it remains unknown whether Smollett would spend his time in jail again soon.
