Aldon Smith apparently arrested again

lvnginhwktwn

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Whatever he gets I hope he learns his lesson, I hate seeing talented players wasting their talent. Hopefully this wont sound too much like a homer but I think he could be a hall of famer if he can just grow up and make better decisions.
 

rlkats

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Question. Ordinary joe here. If I had a house party someone was shot with my illegal non registered gun. Busted for DUI earlier. And a pending dumb bomb threat joke. Does anyone think I deserve a break? I sure don't. And you know what I bet the judge wouldn't give me a break. This is where the law will fail if the punishment is not just.

I love my Niners but this attitude and this level of lack of respect for the law is embarrassing. Do not be fooled any one of us would do serious jail time. He deserves a just punishment. And his status should not stand for the punishment.
 

-The Glove-

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rlkats":3qg8qyjl said:
Question. Ordinary joe here. If I had a house party someone was shot with my illegal non registered gun. Busted for DUI earlier. And a pending dumb bomb threat joke. Does anyone think I deserve a break? I sure don't. And you know what I bet the judge wouldn't give me a break. This is where the law will fail if the punishment is not just.

I love my Niners but this attitude and this level of lack of respect for the law is embarrassing. Do not be fooled any one of us would do serious jail time. He deserves a just punishment. And his status should not stand for the punishment.

No doubt about it...I would be locked up for at least 10 years, I would think. BTW though, someone was shot by the neighbor. Agree with everything else though and I would say the same if he was a Seahawk
 

rlkats

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Shot by the neighbor. Cool thanks for fixing that for me. For some reason I thought it was with Aldons gun
 

Laloosh

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Sports Hernia":30jgpida said:
JGfromtheNW":30jgpida said:
Marvin49":30jgpida said:
tracey kaplan ‏@tkaplanreport · 4m
It will be up to the judge to sentence him. "It's from zero days to four years and four months," prosecutor brian Buckelew said.

"Smith could get any sentence from probation to four years and four months in prison on each of the weapons charges."

http://profootballtalk.nbcsports.com/20 ... i-charges/
Sounds like it's up to the judge.
I'm not a judge (but I played one on TV) 8) Pure speculation----------> I'm betting he gets 3 months to be served next offseason, with strict conditions if he re-offends, any new charges means = a year+ or more in the big house.

My money's on probation and a fine. Four game suspension from the NFL and he's arrested again before the end of 2014.
 

JaiSeaSea

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lvnginhwktwn":z754fb8f said:
Whatever he gets I hope he learns his lesson, I hate seeing talented players wasting their talent. Hopefully this wont sound too much like a homer but I think he could be a hall of famer if he can just grow up and make better decisions.

Absolutely he could. Any player that can play at that level for a sustained amount of time would be. However as great as he has been and could be, I don't think he will. I think his stupidity will end his career or at least slow production.
 

onanygivensunday

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A regular Joe gets jail time with Aldumb's rap sheet.

I predict that he will serve some time... and get suspended for 6 games.

I'll be surprised if he sees the field this year. He doesn't deserve to.

He's a knucklehead who has repeatedly shown he has no respect for the law.
 

loafoftatupu

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Sports Hernia":d83jconb said:
JGfromtheNW":d83jconb said:
Marvin49":d83jconb said:
tracey kaplan ‏@tkaplanreport · 4m
It will be up to the judge to sentence him. "It's from zero days to four years and four months," prosecutor brian Buckelew said.

"Smith could get any sentence from probation to four years and four months in prison on each of the weapons charges."

http://profootballtalk.nbcsports.com/20 ... i-charges/
Sounds like it's up to the judge.
I'm not a judge (but I played one on TV) 8) Pure speculation----------> I'm betting he gets 3 months to be served next offseason, with strict conditions if he re-offends, any new charges means = a year+ or more in the big house.

Should we start a pool? I say no-contest with 3 felonies gets the guy 16 months, 12 of it suspended and that it happens during the season. That the Misdemeanor DUI is considered a Time-Served (Including the league suspension) and that he gets suspended for 6 games as a player, but appeals down to 3. Smith is getting prison time that will not wait for him, but the natural order of things will stretch it out for some length of time anyways.

This was NOT a plea bargain, this was a lost case that Smith is looking to get in the judge's good graces with by not holding a trial. Smith is admitting the facts of the case are true and leaving the result to the judge. If Aldon is found with ANY gun he will be going to prison from this point on, not just assault rifles. He can't have Grandpa's single shot 12 gauge
 

Marvin49

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rlkats":2969pkv6 said:
Question. Ordinary joe here. If I had a house party someone was shot with my illegal non registered gun. Busted for DUI earlier. And a pending dumb bomb threat joke. Does anyone think I deserve a break? I sure don't. And you know what I bet the judge wouldn't give me a break. This is where the law will fail if the punishment is not just.

I love my Niners but this attitude and this level of lack of respect for the law is embarrassing. Do not be fooled any one of us would do serious jail time. He deserves a just punishment. And his status should not stand for the punishment.

Couple things...

1) Nobody was shot with those guns. The guns were found in the house. The people who were shot were struck by bullets fired outside the property. In that case, Aldon was a VICTIM of the stabbing. The illegal guns were found when the police searched the premises .

2) As for what would happen if it were any of us, I can't say. What I can say is that all of our prisons are grossly overpopulated and I'd hate to see someone go to jail simply for purchasing a legal gun in Arizona and bringing it across state lines. He deserves to be punished, but I don't think he should be incarcerated. The DUI is a different deal. Dunno about that.

3) BTW, I'm pretty sure he'll serve no jail time. Has nothing to do with whether or not I think he deserves to, I just don't think he'd have agreed to plead no contest if there wasn't some deal or recommendation in place.
 

loafoftatupu

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Marvin,

Smith has nothing to deal, no leverage, nothing. Prosecution attorneys do not do deals for "no contest", they do deals for guilty pleas.

All Smith is doing is showing the court he is cooperating to save the State money and time fighting a case he knows he will lose based on the recommendation of his own representation, who also would rather have their client plea no contest rather than "Guilty". Especially in a case they know they can't win.

The DUI? Smith will get nothing, but 3 felony possession charges? Dude is going to get something. Each possession charge is worth up to 16 months, totaling 4 years. You really think a guy that plea's no contest to that is going to get NO jail time?

I could see most of it being suspended, but even that is unrealistic. That is like saying "sure people, it's OK to commit felony crimes as long as you don't make us go to trial."

I am pretty sure it was you that argued earlier in this thread that the gun charges would be hard to prove, so Smith wouldn't see time behind bars. Well so much for that defense Jay. After all, you said it was a couple writers that said it would be hard to prove.

So now Aldon is in full agreement with the facts of the charges and he STILL won't see any jail time. Remember, there is no deal here. Just a plea of no-contest. No agreement was made with the prosecution.

I think the law sucks and that no man that hasn't lost his gun rights should go to jail for owning any type of gun sold legally, but CA has an erection for gun laws.
 

-The Glove-

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Didn't Aldon or his friend fire shots in the air and then towards partygoers? I guess it wasn't a neighbor that shot back but someone leaving the party returning fire. That's more than just having an illegal gun be found on his premises
 

TXHawk

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I doubt his lawyers would have allowed him to plead No Contest unless there was a plea deal in place. My guess is that he gets a suspended sentence and Goodell slaps him with a 4 game suspension.
 

Marvin49

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loafoftatupu":2e2gpkph said:
Marvin,

Smith has nothing to deal, no leverage, nothing. Prosecution attorneys do not do deals for "no contest", they do deals for guilty pleas.

All Smith is doing is showing the court he is cooperating to save the State money and time fighting a case he knows he will lose based on the recommendation of his own representation, who also would rather have their client plea no contest rather than "Guilty". Especially in a case they know they can't win.

The DUI? Smith will get nothing, but 3 felony possession charges? Dude is going to get something. Each possession charge is worth up to 16 months, totaling 4 years. You really think a guy that plea's no contest to that is going to get NO jail time?

I could see most of it being suspended, but even that is unrealistic. That is like saying "sure people, it's OK to commit felony crimes as long as you don't make us go to trial."

I am pretty sure it was you that argued earlier in this thread that the gun charges would be hard to prove, so Smith wouldn't see time behind bars. Well so much for that defense Jay. After all, you said it was a couple writers that said it would be hard to prove.

So now Aldon is in full agreement with the facts of the charges and he STILL won't see any jail time. Remember, there is no deal here. Just a plea of no-contest. No agreement was made with the prosecution.

I think the law sucks and that no man that hasn't lost his gun rights should go to jail for owning any type of gun sold legally, but CA has an erection for gun laws.

You could be right on that...I'm just sayin'...I can't imagine his attorney would tell him to plead no contest if they didn't have a pretty good idea what was about to happen. If he were about to face real jail time, this would be going to court.

It was me from before and I was simply stating what I had read. Not sure it's completely incorrect either. I understand that what your saying here is that its not a plea deal, but a straight plea to the Judge. Just doesn't make any sense though that they would give up the fight with no idea at all what the sentence would be.

My guess is limited to no jail time. I could absolutely be wrong...I just don't see why they would put in that plea otherwise. Remember, the sentence is up to 16 months as you said...but its also as little as ZERO time. There is no mandate.

The next question is what Roger Goodell does.

He said last year that Aldons time in rehab would "certainly" be considered when it came time to consider a suspension. As Goodell put it at the time, the goal is to prevent the behavior, not to punish. It also gets sticky because if he were an Arizona Cardinal he would never have been charged with a crime (on gun possession that is). Still...its a felony in the state in which he plays.

My guess is a 4 game suspension.
 

rlkats

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One way the system works is pile a bunch of stuff on and eliminate a few charges to make something stick. But that's more of a deal type of maneuver. He plead no contest. I see minimum of. 6 months jail time.

In California it's hit hard if you do not have a bullet button. Also not registering the weapon in California. It's not line he was going to be traded. He intended to beat the system by purchasing a weapon from Arizona which has more lax gun laws so I have no sympathy. Do I agree with California gun law no but I'm a law abiding citizen and have no sympathy for rich kids attempting to one up the law. Screw him. Do the crime knowingly get the time
 

loafoftatupu

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Marvin49":1cavh0ci said:
You could be right on that...I'm just sayin'...I can't imagine his attorney would tell him to plead no contest if they didn't have a pretty good idea what was about to happen. If he were about to face real jail time, this would be going to court.

It was me from before and I was simply stating what I had read. Not sure it's completely incorrect either. I understand that what your saying here is that its not a plea deal, but a straight plea to the Judge. Just doesn't make any sense though that they would give up the fight with no idea at all what the sentence would be.

My guess is limited to no jail time. I could absolutely be wrong...I just don't see why they would put in that plea otherwise. Remember, the sentence is up to 16 months as you said...but its also as little as ZERO time. There is no mandate.

THERE IS NO FIGHT TO GIVE UP. If Aldon actually went to court for this he would get the full ride in prison minus some good behavior/early release garbage. I didn't say 16 months, I said 16 months PER INSTANCE. That is 4 fricking years of no dope, no money, no bitches and sure in the hell no flipping football. He takes it to court and wastes their time on a case they have NOTHING in and he is getting harshed out. THAT is why he made the no-contest plea. He is basically asking for (and should get) some leniency in the sentencing for not forcing a big ordeal for the whole thing. Heh.. The DUI? Bantha Fodder.

Yes, the least amount of time given at sentencing is zero time, but the most is 4 years, the court will not find the extreme of either.
 

loafoftatupu

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I should note I totally disagree with the CA law on the assault rifle possession. I do not think he should go to jail for having those guns if he bought them over the counter of any store, in any state. Not for a single day.

But I want to know Marvin, why you think that any defendant with 3 felony charges of gun possession (That he has stipulated to) will not get a single day in the slammer? You really think that a no-contest plea is worth a sentence that includes no jail time with 3 felony charges being accepted?
 
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