Aldon Smith apparently arrested again

loafoftatupu

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RolandDeschain":1yadbgrw said:
It isn't relevant in this particular case, but I'm actually annoyed with how much the law cares about intent in a variety of ways. For instance, you can get life in prison for intentionally running over someone with your car and killing them, but if you're simply drunk at the time and didn't mean to, you can get very little time in prison, or even none.

Totally agreed. That is a real fine line. I do believe that there are circumstances, especially when a child makes a mistake where the intent should be noted. Like you said Ro, it doesn't likely apply in this case because we are not talking about damages to a person or property, we are talking about whether or not dude possessed a non-conforming firearm in the state of California. There are some RARE conditions in which it is allowed and Smith doesn't qualify with any of them. Heck, the fact that he went to a treatment center may even remove his rights to own ANY gun, not just the banned kind. California SUCKS.
 

Marvin49

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OK...just to respond to the few cases above. It could be absolutely correct what Loaf is saying. That's why I said that I didn't want to argue it too strongly because I don't profess to be an expert on the point of law that will be argued.

There were several articles like the one below at the time but these were the only ones I could find. It revolves around these the charges being "Specific Intent" crimes. Entirely possible that's incorrect, but that's what I had read in more than one place. It was also on the radio out here. I'm not making any argument about whether he should or should not spend time in prison. Obviously, I'm a Niner fan and want him on the field, but I'm only posting these to explain what I was posting about before.

Unfortunately its a Niner centric site so you guys might dismiss it, but there are some points made in the article.

http://www.ninersnation.com/2013/10/10/ ... ical-games

http://legal-dictionary.thefreedictiona ... fic+Intent
 

dunceface

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253hawk":1ovofuy1 said:
:laugh:

@AdamSchefter 49ers are not expected to pick up the fifth-year option on LB Aldon Smith's contract, per league source.

:snack:
 

loafoftatupu

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I don't like that CA even has that law. It may even come down to the prosecution deciding whether or not they want to slap a very questionable felony on the guy.

When you buy a gun, a reference to laws will come with it assuming it wasn't purchased from a private party. In any case, it is strongly noted that you should know your state laws and stressed in that pamphlet.

In Smith's case, it will likely come down to not having registered it before 2005 regardless of where he purchased it. I do not believe Smith having the firearm is "bad", the state of CA does. To add to matters, gun control advocates are so bent on getting rid of them that when the opportunity to implement policy presents itself, the judicial system takes what they can. There have been many cases of people, good people being hit with felony convictions for the very thing Smith is charged with.

The other thing to consider is that the prosecution hasn't dropped the charges and I promise you that Smith's attorney has been discussing it from day 1. In the interest of that the defense has already been argued. There is always the chance of a last second deal, but this has been standing for some time and I am positive that Smith will do anything to keep that sort of felony off of his record.

If he gets convicted, regardless of punishment the results will be awful for his future. I don't even want the guy convicted for it because it establishes a standard that I don't agree with. Smith obviously has a better attorney than the average guy that is hit with the same charge, he has that and money in his favor.
 

Marvin49

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loafoftatupu":wjoyiruy said:
I don't like that CA even has that law. It may even come down to the prosecution deciding whether or not they want to slap a very questionable felony on the guy.

When you buy a gun, a reference to laws will come with it assuming it wasn't purchased from a private party. In any case, it is strongly noted that you should know your state laws and stressed in that pamphlet.

In Smith's case, it will likely come down to not having registered it before 2005 regardless of where he purchased it. I do not believe Smith having the firearm is "bad", the state of CA does. To add to matters, gun control advocates are so bent on getting rid of them that when the opportunity to implement policy presents itself, the judicial system takes what they can. There have been many cases of people, good people being hit with felony convictions for the very thing Smith is charged with.

The other thing to consider is that the prosecution hasn't dropped the charges and I promise you that Smith's attorney has been discussing it from day 1. In the interest of that the defense has already been argued. There is always the chance of a last second deal, but this has been standing for some time and I am positive that Smith will do anything to keep that sort of felony off of his record.

If he gets convicted, regardless of punishment the results will be awful for his future. I don't even want the guy convicted for it because it establishes a standard that I don't agree with. Smith obviously has a better attorney than the average guy that is hit with the same charge, he has that and money in his favor.

He has a court date on the 29th of this month, so my guess is that they are negotiating right up to the last second. The court date is for all the charges that he currently has pending.
 

Brahn

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Marvin49":anngrgt9 said:
loafoftatupu":anngrgt9 said:
I don't like that CA even has that law. It may even come down to the prosecution deciding whether or not they want to slap a very questionable felony on the guy.

When you buy a gun, a reference to laws will come with it assuming it wasn't purchased from a private party. In any case, it is strongly noted that you should know your state laws and stressed in that pamphlet.

In Smith's case, it will likely come down to not having registered it before 2005 regardless of where he purchased it. I do not believe Smith having the firearm is "bad", the state of CA does. To add to matters, gun control advocates are so bent on getting rid of them that when the opportunity to implement policy presents itself, the judicial system takes what they can. There have been many cases of people, good people being hit with felony convictions for the very thing Smith is charged with.

The other thing to consider is that the prosecution hasn't dropped the charges and I promise you that Smith's attorney has been discussing it from day 1. In the interest of that the defense has already been argued. There is always the chance of a last second deal, but this has been standing for some time and I am positive that Smith will do anything to keep that sort of felony off of his record.

If he gets convicted, regardless of punishment the results will be awful for his future. I don't even want the guy convicted for it because it establishes a standard that I don't agree with. Smith obviously has a better attorney than the average guy that is hit with the same charge, he has that and money in his favor.

He has a court date on the 29th of this month, so my guess is that they are negotiating right up to the last second. The court date is for all the charges that he currently has pending.


Hope he isn't driving himself, might not make it there. There must be at least 7 Parks, 22 Taverns, and a Radio Shack on the way to the court house.
 

dunceface

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Brahn":29brqx9u said:
Marvin49":29brqx9u said:
loafoftatupu":29brqx9u said:
I don't like that CA even has that law. It may even come down to the prosecution deciding whether or not they want to slap a very questionable felony on the guy.

When you buy a gun, a reference to laws will come with it assuming it wasn't purchased from a private party. In any case, it is strongly noted that you should know your state laws and stressed in that pamphlet.

In Smith's case, it will likely come down to not having registered it before 2005 regardless of where he purchased it. I do not believe Smith having the firearm is "bad", the state of CA does. To add to matters, gun control advocates are so bent on getting rid of them that when the opportunity to implement policy presents itself, the judicial system takes what they can. There have been many cases of people, good people being hit with felony convictions for the very thing Smith is charged with.

The other thing to consider is that the prosecution hasn't dropped the charges and I promise you that Smith's attorney has been discussing it from day 1. In the interest of that the defense has already been argued. There is always the chance of a last second deal, but this has been standing for some time and I am positive that Smith will do anything to keep that sort of felony off of his record.

If he gets convicted, regardless of punishment the results will be awful for his future. I don't even want the guy convicted for it because it establishes a standard that I don't agree with. Smith obviously has a better attorney than the average guy that is hit with the same charge, he has that and money in his favor.

He has a court date on the 29th of this month, so my guess is that they are negotiating right up to the last second. The court date is for all the charges that he currently has pending.


Hope he isn't driving himself, might not make it there. There must be at least 7 Parks, 22 Taverns, and a Radio Shack on the way to the court house.

Tumblr l2llyoZPBV1qb01n4o1 400
 

loafoftatupu

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As hilarious as it would be, even if Smith is convicted I can easily see him on a deal where he doesn't see any real time bars. This isn't Dexter Manley material YET.

But could you imagine the number of memes floating around if it actually happened? Not likely, but the potential is very appealing from an entertainment aspect. The troll meter would be of Biblical levels. The average Niner meltdown would pale in comparison to the erupting volcano in Niner nation.

There is no way we are blessed with that opportunity. Maybe a conviction, but prison time would be like non stop uncensored Comedy central roast of SF.
 

RolandDeschain

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loafoftatupu":2myh34u8 said:
There is no way we are blessed with that opportunity. Maybe a conviction, but prison time would be like non stop uncensored Comedy central roast of SF.
I don't know, man. Ka is smiling on us; we did just win the Super Bowl.

Never give up hope...
 

Popeyejones

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^^^^^ Don't buy that for a second, and it's wishful thinking on Hawks fans' part, IMO.

The option is only guaranteed for injury. They can cut him any time they want before it kicks in next off-season with no penalty at all.

They're just waiting for more news on this/the reporting on it to die down before exercising it. I've been surprised before, but I'd be VERY surprised if they don't file it in the first few days of May.
 

bigtrain21

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Popeyejones":157uts6a said:
^^^^^ Don't buy that for a second, and it's wishful thinking on Hawks fans' part, IMO.

The option is only guaranteed for injury. They can cut him any time they want before it kicks in next off-season with no penalty at all.

They're just waiting for more news on this/the reporting on it to die down before exercising it. I've been surprised before, but I'd be VERY surprised if they don't file it in the first few days of May.

Wishful thinking by Hawks fans? That is being reported by a couple national guys, it's not like we are making it up. I don't get your point at all.

I think if the 49ers exercise this option they are sending a really bad message to their team. I think they are better off not exercising it and then if he turns everything around working on a deal with him. They would still have the franchise tag if he didn't agree to a long term deal. I actually hope they do exercise it.
 

Sports Hernia

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Popeyejones":3s6ods89 said:
^^^^^ Don't buy that for a second, and it's wishful thinking on Hawks fans' part, IMO.

The option is only guaranteed for injury. They can cut him any time they want before it kicks in next off-season with no penalty at all.

They're just waiting for more news on this/the reporting on it to die down before exercising it. I've been surprised before, but I'd be VERY surprised if they don't file it in the first few days of May.
Adam Schefter is a Hawks fan???.....along with other national writers too? You are one delusional and paranoid Whiners troll! LMAO! You were probably surprised that Aldon got arrested AGAIN too!
I don't know what is going to happen, but either way the niners lose! :th2thumbs:
 

Popeyejones

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bigtrain21":1bbn5qcf said:
Wishful thinking by Hawks fans? That is being reported by a couple national guys, it's not like we are making it up. I don't get your point at all.

Yeah, sorry, I was VERY unclear in how I wrote that. It was two thoughts sandwiched into one sentence.

1) I don't buy the validity of this report at all, although I could be wrong.

2) Believing with certainty that the 9ers are completely done with Aldon and definitely won't exercise the option is wishful thinking on the part of some Hawks fans.

bigtrain21":1bbn5qcf said:
I think if the 49ers exercise this option they are sending a really bad message to their team. I think they are better off not exercising it and then if he turns everything around working on a deal with him. They would still have the franchise tag if he didn't agree to a long term deal. I actually hope they do exercise it.

:)
 

Brahn

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I think Aldon just needs to sit down have a few beers and try to figure out what his problem is.
 

RichNhansom

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Sports Hernia":3hxp2yr6 said:
Popeyejones":3hxp2yr6 said:
^^^^^ Don't buy that for a second, and it's wishful thinking on Hawks fans' part, IMO.

The option is only guaranteed for injury. They can cut him any time they want before it kicks in next off-season with no penalty at all.

They're just waiting for more news on this/the reporting on it to die down before exercising it. I've been surprised before, but I'd be VERY surprised if they don't file it in the first few days of May.
Adam Schefter is a Hawks fan???.....along with other national writers too? You are one delusional and paranoid Whiners troll! LMAO! You were probably surprised that Aldon got arrested AGAIN too!
I don't know what is going to happen, but either way the niners lose! :th2thumbs:

He never got arrested again, that is just the 12th mans wishful imagination.

Oh wait, you mean this isn't just being made up by HAwks fans? Hmm, who'da thunk it.

Popeye, maybe you should stop slipping yourself those Kaepernick cocktails. Those are designed to effect other peoples (womans) memory, not your own. Though I do understand why you may want to forget a few things.
 

dunceface

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Brahn":1719rsid said:
I think Aldon just needs to sit down have a few beers and try to figure out what his problem is.
:thirishdrinkers: :thirishdrinkers: :thirishdrinkers:
 
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