Jussie Smollett, known for his role in the television series “Empire,” has recently lost his appeal in the case surrounding his faked attack. However, despite the upheld conviction, Smollett may not see the inside of a jail cell for quite some time.
Jussie Smollett, despite losing his appeal and having his conviction upheld, may avoid serving his jail time for a significant period. By petitioning the Illinois Supreme Court and potentially waiting a year for a decision, Smollett could delay his incarceration until at least mid-2025.
The Upheld Conviction
An Illinois appeals court, by a 2-1 vote, recently upheld Smollett’s conviction for orchestrating a fake “attack” on the streets of Chicago in January 2019. The actor had previously been sentenced to 150 days in jail but was released after serving just 6 days pending appeal.
Petitioning the Illinois Supreme Court
While the appeals court ruling is certainly a setback for Smollett, it is not the final word. The actor has vowed to file a petition with the Illinois Supreme Court to review his case. Although the High Court is not obligated to hear it, he can avoid returning to jail while waiting for their decision.
The Timeline and Potential Jail Time
If Smollett follows through with his petition, he has 35 days to file it with the Illinois Supreme Court. Typically, it takes about 2 months for the court to determine whether or not it will hear a case. If the petition is rejected, Smollett’s options for appeal would be significantly limited, and he could be back in jail by late February or March.
However, in the event that the appeal is granted and the Supreme Court agrees to review the case, it could take approximately a year for the court to reach a decision. During that time, Smollett would remain free. Therefore, if the Supreme Court upholds the conviction, it is possible that Smollett may not serve his jail time until mid-2025, effectively dodging incarceration for over three and a half years after his original conviction.
With the complexities of the legal process, Jussie Smollett’s case showcases how the wheels of justice can operate slowly. As he navigates the road ahead, it remains to be seen how his petition to the Supreme Court will unfold and what ultimately awaits him in terms of serving his sentence.