During his six days in jail, the famous client refused to eat and only drank ice water, according to his lawyer.
A court order was obtained by E!, which led to the release of Smollett from jail. The former Empire star was given the chance to post bail despite his sentence.
His release comes after his attorneys claimed he was at high risk of being harmed in prison and filed for his immediate release earlier this week.
Per Metro, he told reporters: “Ice water, that’s been his food and liquid. I can only imagine if I was in jail for something I didn’t do, I wouldn’t be eating.”
Uche added of his release: “Obviously the Smollett family are very, very happy about this. We are elated.”
The actor’s lawyers are appealing the case. They agreed to give him a “stay” or pause in his jail time because the appellate court’s decision may not be finalized until after the duration of his sentence.
If he loses his appeal, his sentence will start from scratch.
According to NBC Chicago, the Empire star had been in the general population of the jail for just two and had been in a psychiatric unit for four.
While his lawyers work on the appeal of his guilty verdict which followed five felony counts of deceiving police about a racist and homophobic attack three years ago, he should be released.
Uche said that he was treated poorly due to his race.
“Should Black men be walked into jail with a class four felony?” Uche asked, according to the outlet. “Shame on you if you think so. People are still trying to lock black men up and it’s a disgrace. The judge spent a great deal of time chastising, berating my client. I had never seen that before. I was not happy with it.”
