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Can Aldon Smith stay out of trouble to avoid jail time?

Mike Florio discusses San Francisco 49ers LB Aldon Smith potentially missing Week 1 of the NFL season due to his off-field incidents. Smith faces up to four years in jail after pleading no contest to multiple felony weapons charges and a DUI charge from last September. Sources close to Smith expect that there will be no jail time if the LB stays out of trouble from now until July 25.

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3 Responses to “Can Aldon Smith stay out of trouble to avoid jail time?”
  1. snoqualmkanem says: Jun 25, 2014 2:49 PM

    Just wow… I didn’t expect anything near the max, I however did expect a six month sentence which he would ultimately serve 30 days.

    Honestly, he just needs to stay off alcohol, not sure he can.

  2. omeimontis says: Jun 25, 2014 7:22 PM

    Jail time is unlikely for a first time offender who pleaded no contest. Probation and prehaps community service are more likely.

  3. uplate5301 says: Jun 25, 2014 11:59 PM

    In CA, you get 1/2 your time off (good time/work time) in the prison system, and 1/3 off in county jail. It’s not hard to get county jail time, though probation is more likely in this case. It takes a bit to get prison time (I’ve seen guys with as many as 26 felony convictions before they actually did hard time, and three or four convictions without yet doing hard time is quite common…. it depends on the severity of the crime), and Smith is pleading no contest to felonies…. so his jail time would be done at the state prison if they actually commit him.

    He likely gets felony probation (which will include drug and alcohol testing) and a suspended sentence (he stays out unless he breaks the law again… then the original sentence is imposed as well). Maybe some community service and/or a fine as well.

    I’m sure he would not have entered the no contest plea if his his lawyer hadn’t worked it all out with the DA ahead of time.

    And this has nothing to do with his celebrity. The kind of thing I’m suggesting as likely is common as sliced bread in CA courts.

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