"The act that triggers the disorderly conduct charge would simply be calling the police".
He has a bond hearing scheduled for later on Thursday. Smollett could face one to three years in prison if convicted of the felony charge, though he could also be sentenced to probation. Earlier Wednesday, it was announced that due to the investigation and evidence uncovered, Jussie Smollett was an official suspect. He claimed racist and homophobic insults were hurled at him.
Smollett, 36, was charged with felony disorderly conduct Wednesday evening for allegedly lying to Chicago police on January 29.
The Chicago police department is looking to obtain Smollet's financial records as well as bring him in for more questioning.
Chicago police have named Jussie Smollett as a suspect in a criminal investigation into whether the Empire star filed a false police report when he said he was attacked outside his Chicago apartment last month.
Chicago police say they will reach out to Smollett's legal representatives to "negotiate a reasonable surrender for his arrest".
Police say the Osundairo brothers purchased the rope found around Smollett's neck at a hardware store in Chicago, while they bought a red hat - in the style of a Trump MAGA hat - at a beauty supply store.
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Smollett's attorneys Todd Pugh and Victor Henderson said in a Sunday statement in response to suspicions over whether the attack was planned that it was "nothing further from the truth".
Smollett's attorneys promised to conduct their own investigation and mount "an aggressive defense".
Other sources state that Jussie Smollett may be the person behind the hate mail he received before the alleged attack occurred. The brothers are expected to testify before the grand jury.
The two brothers supposedly involved in the incident told authorities that Smollett paid them to stage the attack. Chicago Police Superintendent Eddie Johnson was visibly angered as he condemned his actions.
Police released the brothers two days later without charges. She said they weren't motivated by any promises from prosecutors.
Federal Bureau of Investigation statistics show hate crimes rose 17 per cent in the U.S. in 2017, especially against African-American and Jewish populations. The letter, addressed to Smollett, includes the word "MAGA" on the outside of the envelope in place of the return address.