Why Jussie Smollett’s Lawyer Is Calling New Charges Double Jeopardy
Jussie Smollett's attorney is asking that his case be dismissed over double jeopardy.
The “Empire” actor was back in Chicago court today, facing six new charges of disorderly conduct stemming from allegations he staged an attack on himself in January 2019.
CBS Chicago reports that Smollett pleaded not guilty to the charges via his attorney Tina Glandian, before Cook County Judge James Linn.
Glandian originally asked for a stay as she filed a motion with the Illinois Supreme Court over a court-ordered appointment of a special prosecutor in the case.
She also filed a request with Linn to have the case dismissed on grounds that it is double jeopardy. The state dismissed similar charges against the star last year but made him forfeit a $10,000 bond.
She explained, “One of the protections that the double jeopardy clause provides is not to punish somebody twice for the same offense. Previously he did forfeit his bond, in the amount of $10,000. That in essence was a punishment stemming from the criminal proceedings, and therefore trying to punish him again a second time around is not permitted under the double jeopardy clause. You don't just get a do over.”
No word yet on the judge's decision on the request for dismissal.
Meanwhile, special prosecutor Dan Webb asked that Smollett be held on $10,000 bail, but Linn let him go on a recognizance bond instead.