(06-22-2019 12:17 AM)WKUYG Wrote: (06-21-2019 10:39 PM)UofMstateU Wrote: (06-21-2019 08:54 PM)WKUYG Wrote: Quote:On March 8, Smollett was indicted on 16 felony counts and faced up to 48 years in prison. However, on March 26, all charges against the actor were dropped.
If the charges were dropped why did he have to forfeit $10,000 and do community service? If it was ordered by the court for him to do both of those....
double jeopardy might protect Smollett from facing charges on the case.
Since he was not found guilty or acquitted, I believe he can. This is where being dismissed with prejudice or dismissed without prejudice may come into play, but I'll let the legal minds comment on that.
The file was sealed so do we know if the charges were dropped or he plead? I don't think If someone did not plead or found guilty you can make them basically pay a fine by giving up bond money and do community service.
I know there are some lawyers so maybe they can address it. In KY I believe the way these things usually works a person pleads and makes a deal to pay or do community service. Then after 2 to 5 years if they dont get into any trouble it's expunged from the record.
This happens all the time, but for very low level crimes. (ie 17 year old steals some electronics from Walmart, and prosecution dismisses the charges against them if they A) return the item or pay for it AND B) pay a donation to a charity (the amount or more of which they stole) C) and do some volunteer work.) Its basically a side deal where the prosecutor agrees to drop the charges.
In this case, there is a major amount of money that the city is out ($150K or so), which is why dropping the charges where Smollett didnt pay that back as part of the deal is wrong. Also, the place he did volunteer work at shouldnt qualify.
So for this side deal to even be considered (normally not for this level of crime), he should have:
1. reimbursed the city for the money they are out
2. Donated to charity (a real charity, not Jessie Jackson) an amount equal to or greater than the damages he caused in #1
3. Performed volunteer work (at a real charity, not Jessie Jacksons rip-off business)
4. APOLOGIZE FOR COMMITTING HIS CRIME
#4 is important, because for the charges to be dismissed in this manner, you must be sorry for what you did and show that you wont do this again. You are basically getting a get-out-of-prosecution card from the prosecutor. This is not a get out of jail card.