Jussie Smollett’s criminal case will proceed to trial.

The 39-year-old actor was issued with a 16-count felony indictment for filing a false police report after he claimed he was the victim of a shocking racist and homophobic attack in Chicago in 2019, as it was alleged he knew two men investigated over the incident and claims were made that he had staged the attack.

Jussie’s initial charges were dropped by Cook County State’s Attorney Kim Foxx’s office in the same month they were filed, but in February 2020 he was indicted once again for allegedly staging the attack.

His attorney Nenye Uche argued that the criminal case would be a violation of Smollett’s since he has already performed community service and paid a $10,000 bond as part of a previous agreement with the Cook County state’s attorney’s office.

However, the attempt to have the case dismissed failed and Judge James Linn has ruled that proceedings will begin on November 29, according to the New York Post’s Page Six.

Smollett has pled not guilty to the charges.

Meanwhile, Jussie said last year he wished he could “yell from the rooftop” about his ongoing criminal case.

Addressing the case on Instagram Live, Jussie explained: “It’s been beyond frustrating because to be somebody that’s so outspoken … it’s been difficult to be so quiet.

“To not be able to say all of the things that you want to say, to not be able to yell from the rooftop.”

Despite maintaining his innocence, Jussie was not feeling optimistic about his case, saying the city of Chicago “won’t let this go”.

The actor also said he fears the court could seek to make an “example” of him.

Jussie said: “They won’t let this go. It doesn’t matter. There is an example being made.

“And the sad thing is that there’s an example being made of someone that did not do what they’re being accused of.”