# All Charges Against Jussie Smollett Dropped. Er, updated tried and sentenced **URL:** \ **Category:** Cafe Society\ **Created:** [March 26, 2019, 3:28pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562 "2019-03-26T15:28:52Z")\ **Posts on this page:** 20\ **Page:** 7
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [March 28, 2019, 7:56pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/121 "2019-03-28T19:56:51Z")
> [@ivylass](#): > > Now Foxx is saying [he would have been convicted](https://chicago.suntimes.com/entertainment/jussie-smollett-charges-dropps-kim-foxx/?platform=hootsuite) if they’d gone to trial. What a cluster. from your cite: Foxx said that the deal, which essentially wipes Smollett’s record clear, was not a sign that the prosecution case was weak or that Smollett was innocent, and said similar low-level felony defendants are cut the same breaks. That should be easy enough to verify. What percentage of first time offenders have the charges dropped for the level of crime Smollett is accused of. I don’t know if it would be considered double jeopardy to reopen the case but Smollett’s continued insistence that he was attacked constitutes a false charge against the 2 men in question or the public at large. ---
**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\ **Post date:** [March 28, 2019, 8:25pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/122 "2019-03-28T20:25:06Z")
> [@Magiver](#): > > That should be easy enough to verify. What percentage of first time offenders have the charges dropped for the level of crime Smollett is accused of. Not that easy, apparently. The following email was circulated internally at the State’s Attorney’s Office on Tuesday. They are in major damage control mode, and while they have disposed of 5700 other felony cases with ‘alternative prosecution’, none have yet been found that have been handled like Smollett’s case was handled. Most importantly, the agreement was ‘verbal’ and he admitted NO wrong doing. In fact, he’s doubled down by insisting he is innocent & is considering suing the City of Chicago and Chicago Police Department. If they do find any other such case, then they are as incompetent as can be. But I highly doubt any other accused felon had charges dropped without a formal plea agreement, including admission of guilt and agreement not to sue the city or PD for wrongful arrest. > [@](#): > > We are looking for examples of cases, felony preferable, where we, in excersing [sic] our discretion, have entered into verbal agreements with defense attorneys to dismiss charges against an offender if certain conditions were met, such as the payment of restitution, completion of community service, completion of class, etc., but the defendant was not placed in a formal diversion program. > > Please ask your ASAs if they have examples of these types of dispositions and we will work with them further to figure out on what case it was done. Nobody is in trouble, we are just looking for further examples of how we, as prosecutors, use our discretion in a way that restores the victim, but causes minimal harm to the defendant in the long term. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [March 28, 2019, 8:25pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/123 "2019-03-28T20:25:51Z")
> [@Magiver](#): > > from your cite: > > Foxx said that the deal, which essentially wipes Smollett’s record clear, was not a sign that the prosecution case was weak or that Smollett was innocent, and said similar low-level felony defendants are cut the same breaks. > > That should be easy enough to verify. What percentage of first time offenders have the charges dropped for the level of crime Smollett is accused of. > > I don’t know if it would be considered double jeopardy to reopen the case but Smollett’s continued insistence that he was attacked constitutes a false charge against the 2 men in question or the public at large. It sounds to me like that claim was made without much evidence and now they’re scrambling to find some: > [@](#): > > An internal email from the office of Cook County State’s Attorney Kim Foxx, obtained by Fox News on Wednesday, asked assistant state’s attorneys to dig for any examples to bolster Foxx’s claim that the dropped charges in the Jussie Smollett case weren’t as uncommon or shocking as they seemed. > > The email read in part, “We are looking for examples of cases, felony preferable, where we, in (exercising) our discretion, have entered into verbal agreements with defense attorneys to dismiss charges against an offender if certain conditions were met…” > > … [https://www.foxnews.com/us/internal-email-from-foxxs-office-shows-push-to-defend-move-to-drop-smollett-charges](https://www.foxnews.com/us/internal-email-from-foxxs-office-shows-push-to-defend-move-to-drop-smollett-charges) ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [March 28, 2019, 8:34pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/124 "2019-03-28T20:34:41Z")
> [@Enola\_Gay](#): > > Not that easy, apparently. The following email was circulated internally at the State’s Attorney’s Office on Tuesday. They are in major damage control mode, and while they have disposed of 5700 other felony cases with ‘alternative prosecution’, none have yet been found that have been handled like Smollett’s case was handled. > > Most importantly, the agreement was ‘verbal’ and he admitted NO wrong doing. In fact, he’s doubled down by insisting he is innocent & is considering suing the City of Chicago and Chicago Police Department. If they do find any other such case, then they are as incompetent as can be. But I highly doubt any other accused felon had charges dropped without a formal plea agreement, including admission of guilt and agreement not to sue the city or PD for wrongful arrest. IANAL but I think the wall in front of the fan just got a stucco coating. If Smollett tries to sue the city then they would be forced to present the evidence they gathered. Even if double-jeopardy stops them from prosecuting him they can use it to sustain their original case. ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [March 28, 2019, 9:38pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/125 "2019-03-28T21:38:57Z")
> [@TriPolar](#): > > Community service is something ordered by a judge, not volunteer work serving a special interest you like. I don’t think that statement is correct. But what I really wanted to ask is: how likely is it that this restitution happens? ---
**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\ **Post date:** [March 28, 2019, 9:57pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/126 "2019-03-28T21:57:05Z")
> [@Snowboarder\_Bo](#): > > I don’t think that statement is correct. > > But what I really wanted to ask is: how likely is it that this restitution happens? He had already done the community service before the case against him was dropped. He volunteered for 2 days at Jesse Jackson’s civil rights organization (Rainbow Push) selling civil rights gear & giving high school students advice about social media. ---
**Author:** ![Darren\_Garrison](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/darren_garrison/32/92_2.png) [@Darren\_Garrison](https://boards.straightdope.com/u/Darren_Garrison)\ **Post date:** [March 28, 2019, 10:03pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/127 "2019-03-28T22:03:27Z")
Chicago has now sent Jussie a bill for $130,000. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [March 28, 2019, 10:17pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/128 "2019-03-28T22:17:34Z")
> [@Enola\_Gay](#): > > He had already done the community service before the case against him was dropped. He volunteered for 2 days at Jesse Jackson’s civil rights organization (Rainbow Push) selling civil rights gear & giving high school students advice about social media. Wow, I thought it was assigned by a judge and involved many hours of drudgery as a form of restitution to the community. Who knew? I wonder if I could cash in previous volunteer work. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [March 28, 2019, 10:32pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/129 "2019-03-28T22:32:25Z")
I must have thousands of banked hours of community service at this point (church, Boy Scouts, gun rights groups, various community organizations, etc). The going rate in Chicago appears to be about 1.1 hours of community service per felony, right? ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [March 28, 2019, 10:46pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/130 "2019-03-28T22:46:20Z")
> [@Enola\_Gay](#): > > He had already done the community service before the case against him was dropped. He volunteered for 2 days at Jesse Jackson’s civil rights organization (Rainbow Push) selling civil rights gear & giving high school students advice about social media. Is there a reason you quoted my post? 😕 ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [March 28, 2019, 10:47pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/131 "2019-03-28T22:47:23Z")
> [@Magiver](#): > > Wow, I thought it was assigned by a judge and involved many hours of drudgery as a form of restitution to the community. Who knew? I did. Prolly many others, too. ---
**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\ **Post date:** [March 28, 2019, 11:12pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/132 "2019-03-28T23:12:02Z")
> [@Snowboarder\_Bo](#): > > …: how likely is it that this restitution happens? > [@Snowboarder\_Bo](#): > > Is there a reason you quoted my post? 😕 I must have misunderstood your post, but when you asked “how likely is it that this restitution happens?”, I thought the restitution you were asking about was community service. ---
**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\ **Post date:** [March 28, 2019, 11:15pm UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/133 "2019-03-28T23:15:50Z")
> [@Magiver](#): > > Wow, I thought it was assigned by a judge and involved many hours of drudgery as a form of restitution to the community. Who knew? > > I wonder if I could cash in previous volunteer work. Planning something? (joke - JOKE!) ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [March 29, 2019, 1:28am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/134 "2019-03-29T01:28:37Z")
> [@Enola\_Gay](#): > > I must have misunderstood your post, but when you asked “how likely is it that this restitution happens?”, I thought the restitution you were asking about was community service. Ah; yes, you misunderstood. If I had meant community service, I would have said “community service”. I was asking about the $130,000 restitution that the Chicago PD is now seeking from Mr. Smollett; I should have been more specific. And I was asking because at the moment, it seems to me that their chances of collecting that $130,000 is very close to zero, if not actually zero. ---
**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\ **Post date:** [March 29, 2019, 1:37am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/135 "2019-03-29T01:37:26Z")
> [@Snowboarder\_Bo](#): > > Ah; yes, you misunderstood. If I had meant community service, I would have said “community service”. I was asking about the $130,000 restitution that the Chicago PD is now seeking from Mr. Smollett; I should have been more specific. And I was asking because at the moment, it seems to me that their chances of collecting that $130,000 is very close to zero, if not actually zero. Gotcha. And I just read the [demand letter](http://tmz.vo.llnwd.net/o28/newsdesk/tmz_documents/Jussie%20Smollett%20Demand%20Letter.pdf) that was sent to Smollett from the city of Chicago & it basically says pay up, or we’ll take further ‘legal action’. I am not certain what legal remedies are available to them, now that charges have been dropped. Would love to hear from anyone in-the-know out there. ---
**Author:** ![pool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pool/32/4152_2.png) [@pool](https://boards.straightdope.com/u/pool)\ **Post date:** [March 29, 2019, 1:53am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/136 "2019-03-29T01:53:00Z")
> [@Enola\_Gay](#): > > Gotcha. And I just read the [demand letter](http://tmz.vo.llnwd.net/o28/newsdesk/tmz_documents/Jussie%20Smollett%20Demand%20Letter.pdf) that was sent to Smollett from the city of Chicago & it basically says pay up, or we’ll take further ‘legal action’. I am not certain what legal remedies are available to them, now that charges have been dropped. Would love to hear from anyone in-the-know out there. Can a city sue in a civil court type of lawsuit, genuine question I have no idea. ---
**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\ **Post date:** [March 29, 2019, 1:55am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/137 "2019-03-29T01:55:15Z")
Missed edit window, as my pasta was boiling…but anyway, where was I? The letter did cite municipal code violations/remedies, but “legal experts” on the news said those didn’t apply since charges had been dropped & records had been sealed. Question: Can the city of Chicago subpoena the sealed court records if they need them to prove they didn’t defame/falsely arrest him? ETA: **Pool** that’s an interesting question. I don’t know either. ---
**Author:** ![Darren\_Garrison](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/darren_garrison/32/92_2.png) [@Darren\_Garrison](https://boards.straightdope.com/u/Darren_Garrison)\ **Post date:** [March 29, 2019, 1:58am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/138 "2019-03-29T01:58:15Z")
Somewhere said that they are allowed to ask for up to triple damages. So if he refuses to pay the $130,00000, they can demand $390,000 that he will refuse to pay. ---
**Author:** ![mhendo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mhendo/32/3159_2.png) [@mhendo](https://boards.straightdope.com/u/mhendo)\ **Post date:** [March 29, 2019, 4:42am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/139 "2019-03-29T04:42:34Z")
> [@BobLibDem](#): > > I wonder there is such viciousness against Smollett. Nobody died, he didn’t injure anyone. Sure, he lied to police. The police wasted time on this case that would be better spent elsewhere. I get that. But that doesn’t explain the torrent of passion. It’s caught up in national cultural politics now, so the potential for vitriol is almost limitless. Witness the Orange Hairdo in Chief getting involved, and expressing more outrage than he did over actual killings. I’m pissed at Smollett, and I think he’s an asshole. But I don’t particularly want prison time for him. We put too many people in prison already. In fact, I’d be happy wit a fine and community service or probation. But to get that, he should have to plead guilty and admit that he did it. As it stands now, he gets off and still gets to (try to) maintain his innocence. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [March 29, 2019, 5:09am UTC](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562/140 "2019-03-29T05:09:51Z")
This shit keeps getting more amazing: > [@](#): > > [… Foxx had said she recused herself from the case last month after revealing she had contact with Smollett’s representatives early on in the investigation. She declined to provide details at the time, but on Wednesday, her office quibbled over the terminology, saying Foxx did not formally recuse herself “in a legal sense.” …](https://www.chicagotribune.com/news/local/breaking/ct-met-jussie-smollett-kim-foxx-interview-20190327-story.html) [Previous page](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562.md?page=6) [Next page](https://boards.straightdope.com/t/all-charges-against-jussie-smollett-dropped-er-updated-tried-and-sentenced/831562.md?page=8)