Following actor Jussie Smollett's sudden release from jail on bond pending the appeal of his conviction, several legal experts have detailed what could be next for the former "Empire" star. And it looks like more time in the courtroom is in his future.
Smollett was released after a panel of three appellate judges came to a 2-1 decision that granted his release from the Cook County Jail after posting a bond of $150,000.
Now, Smollett has been released on his own recognizance, and he is not required to pay the money so long as he shows up at the appointed time in court.
This came shortly after Judge James Linn sentenced Smollett, 39, to 150 days in jail and 30 months of felony probation in addition to $120,106 in restitution -- and he was immediately remanded to jail.
After his release, Lara Yerestian, a Los Angeles defense attorney, shared with Fox News that she believes Smollett had 'some really good grounds for his release.'
Now that he has been released, Smollett's attorney Nenye Uche said she is looking to file an appeal of the verdict.
Neama Rahmani, the president of West Coast Trial Lawyers, told Fox that for the panel to come back with their ruling releasing Smollett, "there has to be a clear legal error" either on the part of Judge Linn or the prosecutors.
Uche shared that they are "very happy" with the decision from the Illinois District Appellate Court in a statement to Fox News.
"We are pleased that sensationalism and politics will be put aside and we can finally have an intellectual discussion about our laws with our esteemed appellate court," Uche said.
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Uche continued in her statement explaining why the defense believes that Smollett was a victim of a double jeopardy conviction based on the fifth amendment clause.
"Three years ago, Jussie and the State of Illinois reached a deferred prosecution agreement in which he paid a $10,000 fine and performed community service. As a result, the case was dismissed," the statement said. "To be recharged and prosecuted for the exact same thing, a second time, is not just morally wrong, but certainly double jeopardy and thus unconstitutional – especially as it concerns an innocent man."
The three-judge panel must have felt similarly, according to Yeretsian, who shared that she thinks Smollett's lawyers make a great point.
"The one aspect that really, really sticks out for me as far as appeals go is the special prosecution – I mean, it's almost unheard of," Yeretsian explained to Fox News. "Smollett had a deal. He took the deal. He met his part. He had a contract with the prosecution to do community service, and he forfeited his $10,000 bond and in return, they gave him a diversionary deal, and once he finished his community service and forfeited his bond, this case was dismissed – the same counts."
Smollett's attorneys attempted to use this same point during his trial, but now that the appellate court has made its decision, it could play out better for the actor in an appeal than it did in December, experts said.
Smollett has continued to claim his innocence throughout the process and during his sentencing, and now his appeal will continue with him sitting at home rather than in a jail cell.
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