Jussie Smollett’s jail sentence was 150 days in Cook County Jail, handed down on March 10, 2022, as part of a broader sentence that also included 30 months of felony probation, a $25,000 fine, and $120,106 in restitution to the City of Chicago. He served six days of that jail term before an Illinois appellate court released him on bond pending appeal. In November 2024, the Illinois Supreme Court overturned his conviction outright, meaning he will not serve the remaining time.
The Sentence Handed Down in March 2022
Cook County Judge James Linn imposed the sentence after a jury convicted Smollett of five felony counts of disorderly conduct for lying to Chicago police about a January 2019 attack he had reported as a hate crime. The 150 days in jail were structured as a condition of the 30-month felony probation term rather than a standalone prison sentence.1PBS NewsHour. Actor Jussie Smollett Sentenced to 150 Days in Jail for Lying About Staged Hate Attack
From the bench, Linn called Smollett a “narcissist” and said staging a hoax hate crime while positioning himself as an advocate for social justice causes amounted to staggering hypocrisy.2WHYY. Jussie Smollett Sentenced to 150 Days in Jail in Fake Attack Smollett responded with an outburst, maintaining his innocence and telling the courtroom, “I am not suicidal. And if anything happens to me when I go in there, I did not do it to myself. And you must all know that.”1PBS NewsHour. Actor Jussie Smollett Sentenced to 150 Days in Jail for Lying About Staged Hate Attack
Six Days in Cook County Jail
Smollett was taken into custody immediately after sentencing. The Cook County Sheriff’s Office placed him in protective custody, which it said was standard for high-profile detainees. He occupied his own cell, monitored by security cameras and an officer wearing a body camera, and was given time in common areas to use the phone and watch television with other detainees kept clear.3Fox 8 Live. Jussie Smollett Starts 150-Day Jail Term in Protected Status
On March 16, 2022, six days into the term, an Illinois appellate court granted an emergency defense motion to stay the sentence pending appeal. The court found it would be “unable to dispose of the instant appeal before the defendant would have served his entire sentence of incarceration.” Smollett was released that evening after posting a $150,000 personal recognizance bond, which required no cash but obligated him to appear at future proceedings. His attorneys had argued that continued incarceration risked irreparable harm, pointing to his immunocompromised status and COVID-19 exposure risk inside the jail.4CNN. Jussie Smollett Released on Bond
Why the Conviction Was Overturned
Smollett never returned to jail. On November 21, 2024, the Illinois Supreme Court reversed his conviction in an opinion written by Justice Elizabeth Rochford and joined by four other justices, with two abstaining. The ruling turned not on the evidence at trial but on what had happened before the trial ever occurred.5Justia. People v. Smollett, 2024 IL 130431
In March 2019, the Cook County State’s Attorney’s Office had dropped its original 16-count indictment against Smollett after he forfeited a $10,000 bond and completed 16 hours of community service. A special prosecutor, Dan K. Webb, was later appointed to reinvestigate, and in February 2020 he secured a new six-count indictment that led to the trial and conviction.6A&E. Jussie Smollett Hate Crime
The Illinois Supreme Court held that the original dismissal was a binding, bilateral agreement between Smollett and prosecutors. Because Smollett had already performed his side, the state was obligated to honor its commitment. Re-prosecuting him after he relied on that deal, the court held, was “fundamentally unfair” and violated his due process rights. Rochford wrote that allowing the state to renege on completed agreements would be “a reprehensible aberration” with “terrible policy consequences.”7NBC Chicago. Jussie Smollett Conviction Overturned by Illinois Supreme Court8The Guardian. Jussie Smollett Conviction Overturned The case was sent back to the trial court with instructions to enter a judgment of dismissal.5Justia. People v. Smollett, 2024 IL 130431
Webb said he was “disappointed” and that the ruling “has nothing to do with Mr. Smollett’s innocence,” noting that the court never questioned the evidence or the jury’s verdict. Smollett’s lead attorney, Nenye Uche, said his client felt “relief” and called the case “a vindictive persecution, not a prosecution.”9ABC 7 Chicago. Jussie Smollett Case Illinois Supreme Court Overturns Conviction
How the Case Got to a Jail Sentence
On January 29, 2019, Smollett told Chicago police that two masked men attacked him near his Streeterville apartment at about 2 a.m., punching him, pouring bleach on him, looping a rope around his neck, and shouting racial and homophobic slurs along with “This is MAGA country.”10ABC News. Timeline of the Alleged Jussie Smollett Attack Police initially investigated it as a hate crime.6A&E. Jussie Smollett Hate Crime
Two weeks later, officers detained brothers Abimbola and Olabinjo Osundairo at O’Hare Airport as they returned from Nigeria. Abimbola had worked as an extra on Smollett’s Fox series Empire and served as his personal trainer.11ABC 7 Chicago. Jussie Smollett Empire Actor Update The brothers told investigators that Smollett had recruited them to stage the attack, giving them $100 for supplies, paying them $3,500 by check, and conducting a “dry run” at the location beforehand.12PBS NewsHour. Second Brother Testifies Jussie Smollett Paid for Staged Attack
Smollett went to trial in December 2021. He took the stand in his own defense, denied orchestrating anything, and said the $3,500 check was for training and nutrition advice. His attorneys argued the Osundairo brothers had tried to extort $1 million each from him to avoid testifying.13NPR. Jussie Smollett Trial Testimony After roughly ten hours of deliberation, the jury convicted him on five of six counts, acquitting him on the count tied to a follow-up interview two weeks after the incident.14ABC News. Jury Reaches Verdict in Jussie Smollett Trial
The Civil Case and Final Resolution
The criminal case was not the only legal matter. In April 2019, the City of Chicago sued Smollett seeking $130,000 to cover overtime and investigation costs the police department had spent on the case. Smollett countersued for malicious prosecution.15ABC News. Jussie Smollett Countersues City of Chicago
In May 2025, the two sides settled. Smollett agreed to donate $50,000 to the Building Brighter Futures Center for the Arts, a North Lawndale nonprofit that serves underprivileged youth, and separately donated $10,000 to the Chicago Torture Justice Center. In exchange, the city dropped its lawsuit and Smollett withdrew his counterclaim. The city’s Law Department called the arrangement a “fair, constructive, and conclusive resolution.”16WTTW News. Jussie Smollett Agrees to Make $50K Charitable Donation to Resolve City of Chicago Lawsuit17New York Times. Jussie Smollett Donation Chicago Lawsuit18Chicago Tribune. Jussie Smollett to Donate $50,000 to Local Charity to Settle City Lawsuit That settlement closed the last legal proceeding tied to the 2019 incident.
Where Smollett Stands Now
With the conviction reversed and the civil suit resolved, Smollett has no remaining jail time to serve and no active cases connected to the 2019 report. He has returned to work, joining the fourth season of Fox’s reality series Special Forces: World’s Toughest Test, which premiered in September 2025.19Deadline. Special Forces Season 4 Trailer A Netflix documentary, The Truth About Jussie Smollett?, was released in August 2025 and featured his first extended public comments on the case in years, along with interviews with the Osundairo brothers and former officials.20Netflix Tudum. The Truth About Jussie Smollett Release Date and News He continues to maintain his innocence: “At the end of the day, it doesn’t matter whether someone likes me or doesn’t like me. The fact is: I didn’t do that.”21The Hill. Jussie Smollett Hoax Netflix Comments