Aldon Smith gets 12 days in jail on DUI charge

Getty Images

49ers linebacker Aldon Smith has not avoided jail time.  But he has gotten the closest thing possible to no jail time.

According to Tracy Kaplan of the San Jose Mercury News, a judge has sentenced 49ers linebacker Aldon Smith to 12 days in jail on gun and DUI charges.  He gets credit for one day served, and he’ll serve the remaining 11 by participating in a work crew on Mondays, starting July 28.

It means that he’ll typically miss one day of work each week until the 11 days are served, exposing Smith to a fine from the 49ers.  The bigger consequence as it relates to Smith’s job comes from the decision to reduce the three weapons charges from felonies to misdemeanors.  That gives the outcome far less sting, from a legal standpoint.

He’ll also serve 235 hours of community service and pay a $2,000 fine.  Smith will be placed on three years of probation, during which time he can’t own a weapon or ammunition.

The NFL will now review the case for discipline under the personal-conduct policy.  Given his history of off-field issues, a suspension is probable.  The reduction of the felonies to misdemeanors could help minimize or even eliminate the suspension.

111 responses to “Aldon Smith gets 12 days in jail on DUI charge

  1. Well, then Ray Rice and Hardy, the woman batterers, should be locked up for even longer. And their league suspensions should be longer.

  2. The league will come down harder on him than the Judge. Maybe the NFL makes him miss a whole season.

  3. Did the judge get the cost for his/her seat license in Levi Stadium waived?

  4. If you’re a Niner fan, he should get no sentence. If you’re a Seahawks fan, he should get lethal injection. How do the fans of neither team feel?

  5. Queue the predictable “above reproach” quotes from 49ers haters. He should have got more time. John Q. Public wouldnt get 12 days. So tired of these idiot players getting into trouble.

  6. 12 days for a DUI? He must of got a crappy lawyer because you usually can avoid jail time by paying a fine and doing community service.

  7. Why even bother with the 12 days at that point? What possible message does that send other than pro athletes are above the law, unless your name is Aaron Hernandez. He should have gotten the same sentence any of us would have; but that is not the society that we live in.

  8. More like Above Repercussions.
    I’m all for equal treatment under the law. Celebrity or not, rich or poor. This is just more examples of unequal treatment based on wealth. This isn’t a 49ers vs Seahawks debate.

  9. Why so soft on a guy that obviously needs to learn a lesson?

    ——————–

    Probably because California jails are so overcrowded.

  10. I don’t care who the man plays for, he should be doing more time. As others have stated above, we, the lowly general public, would be doing some hard time. why does the California
    (in)justice system reward public figures with light sentences?

  11. “he’ll serve the remaining 11 by participating in a work crew on Mondays, starting July 28.”

    He did avoid jail time.

  12. He understands the term “Lawyer UP”, happy for Aldon Smith, can’t wait to see him out there busting Russ Wilson again this year.

  13. Seahwak fans want to talk about being above reproach, harbaugh was asked about the seahawk players being caught cheating by using PEDs, not about player conduct. So before you seahawk fans start trolling and talking crap, the seahawk players got caught using PEDs which give them a clear advantage over other players that do not use PEDs, so enjoy your roided out super bowl and get off the 9ers nuts already.

  14. I’m a fan of neither team, and this is a light sentence compared to what a normal person would get. Not that I’m surprised. A working stiff would get six months in prison, minimum.

    Pathetic.

  15. in more good 49ers news, the judge said that reviewing film on “that soft Seattle O-line” counts as being on a “work crew’!

  16. Hey Seahawk fan lynch pleaded guilty to a misdemeanor of reckless driving to avoid a DUI conviction this offseason. He blew a .08 which is legally drunk. Just wondering how long you thought his suspension should be.

  17. Not even two weeks for weapons charges and driving out of his skull. Aldon Smith was surely laughing all the way home…what a joke of a sentence.

  18. Ben Rothlesburger (sp?) got a 6 game suspension (later reduced to 4) for being questioned with regards to a crime, not convicted, not “no contest”, not even charged. This clown deserves 24 games, 6 per conviction (3 weapons, 1 dui) which then can be reduced to 16 on appeal. (and I despise the Steelers AND Rothlesburger)

  19. Compassionate sentencing…He’ s been freakin’ for months…Let him move ahead with his life, for goodness sake. Young men make mistakes!
    Besides, I want them darn Niners at full strength so there will be no excuses when they meet my Hawks…Either way it comes out, That’s damn fine entertainment!

  20. Will people stop……please stop……..stating that if it were a “normal” person they would have gone to jail. I swear its like Aldon Smith is waking up people to the injustice in the justice system that’s been around since day one. Either call your representatives and force them to do something about it or stop acting like it is a surprise.

    That said he had a DUI and a misdemeanor…..did you think he would go to jail for life for that? If so you need to do more research on our justice system.

    Where are all the pro gun people calling this a victory…….probably some of the same people saying he should go to jail for life are pro gun people that think the law he broke shouldn’t be on the books anyways. Hypocritical much?

  21. “A working stiff would get six months in prison, minimum.”

    On what planet? I think a lot of people are confused about the way the legal system works or confused about what the charges and problems were.

    Here are the relevant facts: The weapons charges were for failing to make a minor adjustment required in California on two guns purchased legally in another state. The DUI involved no reckless driving, no injuries, no damage to another vehicle and was technically not a moving violation. The LA DA found that there was no conclusive evidence he had even used the work “bomb.” The “background” is that he is a person who has admitted he has a problem and already has committed himself to rehab.

    Who goes to jail for the above? Nobody!

  22. This is whats condoned in this country…sick and tired of the incompetence!!!! How bout the middle class you know the one that keeps it afloat?!

  23. weapons charges reduced from felonies to misdemeanors because of his “character”.
    his actions have shown poor character and judgement with a side of repeat offender.
    that judge showed his red/gold bias.

  24. 12 days… but he is eligible for work release which means zero will be served in a cell… Damn I most certainly don’t agree with CA’s bogus “assault weapon” laws but the fact remaind they are indeed laws. Unjust or not and the average Joe would be serving 16 months or more for it. Hope you straighten up Aldon. Premier talent with a 5 cent brain.

  25. Ian rappaport tweeted he was hangin with nortenos? I thought gang enhancements in California added to jail/prison time, not turn felonies to misdemeanors?

  26. “We only produce class citizens and win championships. #HTTR” So Illogical, what Decade do you plan to start winning championships?

  27. I am reasonably sure Aldon could take care of himself if he had to do some jail time. Titus Young? Maybe not. johnny Manziel? Bitch.

  28. Actually, it’s not really special treatment. My nephew did ZERO jail time after his second DUI and an acquaintance did ZERO jail time after his third DUI. Both had good lawyers. That’s all you really need to do people, is get a good lawyer!

  29. I am not a fan of the Niners or the Hawks.

    1st offense on a DUI (which is the less severe charge than DWI) will even get leniency for an average Joe. Though I personally do not know from experience, I do know via a friend. As long as you keep clean after that and attend some classes and do not violate probation you can walk away without any serious trouble.

    The three weapons charges…I don’t know anything about that. He definitely seemed to get off easy on that. I think the average person facing the same charges with the same history Smith has would be facing more severe trouble.

    I am a Ravens fan, so it is curious to me to see how much of a suspension he gets and compare that to Ray Rice who didn’t have a DUI and didn’t have 3 possible felony weapons charges against him. He is accused of hitting his now wife, so don’t think I am trying to make that sound less damning.

  30. Of course it’s a Santa Clara judge. He probably sits on the city council and also the fifty yard line. With those charges any one besides a Santa Clara 49er would probably be sentenced to prison. Comical.

  31. If ‘the rich and famous get better treatment in this country’ is a new concept to you, perhaps you too should be incarcerated, for ignorance of life.

  32. He owned the guns correct? It was his first DUI correct? I don’t understand the whole, “If it was me I would be in jail thing.” If you did do this and you owned the guns and it was your first DUI, you would not be in jail for a year.

    Geez people, use some common sense.

    Besides Seahawk fans, Lynch will get something similar or even less than Smith.

  33. Love all the comments by those who apparently are experts of the legal system in California.

    Likely would have been a similar sentence to the average Joe; typical DUI sentence is 3 yrs. Probation, DUI classes and a $2k fine.

    All of the charges happened prior to his rehab so hopefully this and any NFL suspension can create closure for his past and he can have a second chance to prove that he can be a member of a society.

  34. “in more good 49ers news, the judge said that reviewing film on “that soft Seattle O-line” counts as being on a “work crew’!”…

    You mean that same soft O-line that drew Alldumb Smith offsides on a 4th and 7 in the NFCCG? Remind me again what happened on that play…I seem to recall it being a long bomb TD to Kearse, but I could be mistaken. My mind is still a bit blown after that domination in the SB.

  35. (1) I’m happy as a 9er fan, but not so happy as someone who lives in this community. If the media reports are accurate, the specifics of the incidents (firing the weapon over people, and being found crashed into a tree with the wheels spinning at ~7am) seem worse than what I’d think would be typical for these offenses.

    (2) I think comments are wrong w/r/t his getting light treatment versus average Joes. Per the SJ Mercury:

    “Many defendants who are convicted of misdemeanor DUI for the first time and have no prior criminal record get the following in Santa Clara County: about five days of weekend work, typically picking up garbage off the side of a freeway; mandatory classes on the risks of drunken driving; and probation, including the condition that they cannot drive with any measurable amount of alcohol in them, even if they are not legally drunk.

    Smith faced a maximum sentence of four years and four months in jail for three felony counts of possessing assault rifles. But legal experts said it would not be unusual given his lack of a criminal record if the judge knocked them down to misdemeanors, imposed a shorter, suspended jail sentence and put him on probation, as well as assigned him weekend work.

    (3) SEA fans casting stones should remember their guy Lynch Lynch plead guilty to a hit and run charge and had his driver’s license revoked when he struck a woman in the street and failed to stop, driving 3:30am through Buffalo’s bar district and also got a DUI in Oakland.

    There’s no use in any fans pointing fingers at anyone for these incidents. These guys aren’t who they are because of their strong moral fiber; they are who they are because of their ability to play a very violent game. As such, many will do crazy things. And as Florio says so often, the good ones will get extra chances in proportion to their football skills.

    (4) I hope he figures it out and gets it together. His life track (forget footall for a moment) isn’t pointed in a good direction.

  36. Lynch got 0 jail time for the same charges back in 2012. Even without a suspension Aldon has missed more games as a result of his actions than any single player on the Seahawks.

  37. People are arrested, prosecuted and jailed all the time in CA for posession of AR-15’s and AK’s that don’t have a bullet button. Whether the gun was legally purchased or not. Chastising those who are touching on the subject need to get a clue themselves because most people who are caught with said rifles in CA will indeed do time. Simple part, stupid law but an enforcable felony all the same. They don’t keep trying to ban the bullet button for no reason. They want the guns out altogether and will hammer someone for them any chance they get.

  38. Does anyone really know anyone who’s serving multiple years for failing to register legally purchased guns in a new state? This whole “if it was me….” argument is so obtuse and stupid. How can you know the consequence when you don’t know the charge.

  39. Hanging out with Nortenos from San Jose …The 49ers seem to be the official sponser of them…

  40. ronfai says:
    Jul 18, 2014 7:05 PM
    Does anyone really know anyone who’s serving multiple years for failing to register legally purchased guns in a new state? This whole “if it was me….” argument is so obtuse and stupid. How can you know the consequence when you don’t know the charge.
    ______________________________________

    He was chagred for not legally configuring the rifle. By definition of CA’s laws he had 3 illegal assault rifles because they had scary “evil features” but didn’t have fixed magazines. There wasn’t even long gun registration requirements in the state at the time so you should actually know what you are talking about before speaking. “Unregistered assault weapon” is only a generic term. The only “registered assault weapons” were grandfathered in when the ban went into effect over a decade ago. Therefore ANY semi auto rifle with components like pistol grips etc that lack a “bullet button” or similar magazine lock are considered “unregistered assault weapons”

  41. Not that I agree, as wealth definitely makes a difference. But isn’t the real injustice Rice knocking a woman out and getting nothing. Rice better get a bigger suspension that Aldon and Gordon.

  42. Lawyers, guns and money. The NFL. Here is a news flash, if you have the $ for a good lawyer, you are entitled to a different justice system in the good old USA, always have, always will.

  43. joeydawop says:
    Jul 18, 2014 6:13 PM
    “Seahwak fans want to talk about being above reproach, harbaugh was asked about the seahawk players being caught cheating by using PEDs, not about player conduct. So before you seahawk fans start trolling and talking crap, the seahawk players got caught using PEDs which give them a clear advantage over other players that do not use PEDs, so enjoy your roided out super bowl and get off the 9ers nuts already.”
    ________________

    Exactly one player left on the Seahawks that has been suspended for either PED’s or Pot…
    So in comparison to the 49er’s the Seahawks are currently the team that is “Above Reproach”.

  44. It’s good to be rich hey Aldon?

    If you weren’t big and strong enough to play football you’d be in the slammer with a load of other no-future-deadbeat-losers.

  45. cueghost says:
    Jul 18, 2014 7:03 PM
    “We’ll see what Goodell has to say.”
    ____________________

    Guessing probably not a lot.
    He wants to have Aldon on the field.
    Niners are definitely better with Aldon than without him.

    The charges were all dropped to misdemeanors.

  46. Us normal people would be coin some serious time. No wonder why these athletes act like they are above the law…..because they are. Damn Shame

  47. Niners fans are so sensitive. I used to be too, but a Super Bowl cures that. I have the game on my DVR and you trolls got nothin on me. To feel better you niners babies should watch your Super Bowls on DVR . Oh wait, that was a long time ago. They were recorded on VHS. You can’t even find a VCR these days. Now I’m understanding why you guys are so sensitive.

  48. The weapons Smith and Walker fired in the air at the house party two years ago were pistols, not the AR’s. FWIW.

  49. When he gets off his jail cot, will there be a giant “soul glow” stain left on it?

  50. This is not so different from the Plaxico case but the outcomes are far, far different. If Aldon had kept going the direction he was, he likely would’ve ended up in a very public place where concealed weapons are not allowed (night club/bar) like Plax was. Then he’d be spending some serious time behind bars instead he gets to pikc up trash on the highway for a few weeks. I bet Plax wishes he’d gotten caught earlier….his situation ruined his career. Aldon had better take this as a serious wake up call or he’ll be spending the season with Titus Young.

  51. ohhh what are the haters going to say when The Comish give him a very short suspension, or none at all lol, because he missed 5 games last year they’re going to flip out hahahah 🙂

  52. 12 days. At least the judge has a sense of irony.

    Reduced to 11, though…and as one writer noted, if he starts this coming Monday, and serves each Monday consecutively, he’ll be on the field for the Niners Monday Night game against the Rams.

    In the words of the Church Lady…How con-VEEN-ient.

  53. Goodell’s got a slew of recently convicted players running around the NFL waiting for their fate, laughing at the light sentences and backslapping their lawyers for a job well done. Meanwhile, ole Rog talks about putting a team in London and the Raiders sharing a stadium with the Niners. I think the man needs to build a league in Disneyland–that’s where his head is.

  54. Ducksk so you think money makes it right?? WRONG IS WRONG NO MATTER THE AMOUNT OF MONEY…STOP THE DOUBLE STANDARD!!!

  55. chunkderrrty says:
    Jul 18, 2014 6:01 PM
    12 days for a DUI? He must of got a crappy lawyer because you usually can avoid jail time by paying a fine and doing community service.
    ________________
    Mandatory 10-15 days in jail in Virginia if above .10, and many other states. Do your research next time

  56. Yup all those whiny pedhawk fans were “booking it” that he would get time in jail..

    Its called a plea deal..duurrrrr…Facepalm :/

    Better to encourage your team to be “below reproach” like Dr. Carroll who generously prescribes such medicines as Adderall aka the masking agent for anabolic steroids.

    The only thing Seadderall leads the league in is Ped suspensions. Congrats

  57. “You mean that same soft O-line that drew Alldumb Smith offsides on a 4th and 7 in the NFCCG? ”

    Wow, Sea-dude, read that back to yourself again. First, usually it is the QB who gets credit for drawing someone offsides, and second if that is the best example of how good your O-line is, you just made my case that they ARE soft! Thanks!

  58. Smith buys rifles in another state (Arizona) legally, takes them to Kalifornia where, unknown to him, said rifles are considered “assault weapons” under Kalifornia law, and is charged with 3 felonies. Dropping charges to a Misdemeanor is a standard sentence for a 1st time offender. That has nothing to do with how much $$ the dude is worth.
    Santa Clara DA didn’t agree to reduced charges if he thought for a minute a jury of 12 would convict Smith.
    All you Niner haters keep your panties on and don’t get so upset at the sentence.

  59. @number1hawkfan says: Jul 18, 2014 7:42 PM

    Cute. Never heard that one. As if you can’t purchase (like me) a DVD set including each of the FIVE original 49ers Super Bowl game broadcasts. That’s right . . . FIVE!

  60. 12 days for a DUI sounds pretty lax, but I don’t know what’s average because I’m not a lawyer nor am I someone who’s had a DUI.

  61. He had a good lawyer.
    It’s the American way for Americans who can afford it.
    Hopefully he has finally seen the light. He has a kid now, so that will help keep him grounded.
    Keeping his nose clean for years of probation will be the real test, given that he gets in trouble about every six months or so.

  62. The 49er writers and insiders out here are saying he was sentenced to 12 days in jail but can serve those days with community service. Gotta love rich athletes always gettin away with crimes. We can only hope he finally realizes the talent and the life he will waste away with the path he is taking.

  63. Also, Hawks fans are a joke on the aggregate. Feel bad for true Seattle fans who aren’t douches that get summed up by that but it really is a sorry fanbase.
    ————————————————————–
    Your whinning won’t change the fact that the Seattle Seahawks are Superbowl Champions.

    Live with it.

    Go Hawks

  64. To feel better you niners babies should watch your Super Bowls on DVR . Oh wait, that was a long time ago. They were recorded on VHS. You can’t even find a VCR these days. Now I’m understanding why you guys are so sensitive.

    …..lmao….C’mon you got to admit that was pretty funny.

  65. The weapons Smith and Walker fired in the air at the house party two years ago were pistols, not the AR’s. FWIW.
    ——————————————————–

    Well, in that case….lol

    Above reproach.

    Go Hawks

  66. number1hawkfan says: Jul 18, 2014 7:42 PM

    Niners fans are so sensitive. I used to be too, but a Super Bowl cures that. I have the game on my DVR and you trolls got nothin on me. To feel better you niners babies should watch your Super Bowls on DVR . Oh wait, that was a long time ago. They were recorded on VHS. You can’t even find a VCR these days. Now I’m understanding why you guys are so sensitive.

    —————————-

    Fortunately our SB wins don’t have any asterisk next to it

  67. Darryl Washington missed urine tests and got a year suspension. Wonder what Smith will get by the time they figure in the DUI/jail time, the gun thing, the airport security thing, etc…

  68. @number1hawkfan says: Jul 18, 2014 7:42 PM

    Cute. Never heard that one. As if you can’t purchase (like me) a DVD set including each of the FIVE original 49ers Super Bowl game broadcasts. That’s right . . . FIVE!

    It’s still black and white though

  69. You have to remember 1994 seems ancient to Seahawk fans…Theyve only been watching football since 2012…

  70. For all the Seattle fans who are clamoring that we all should have equal protection under the law and he deserves more punishment, I just have one question for you. Do you feel the same way about Marshawn Lynch with his multiple DUI’s, hitting people with his vehicle, etc? People with glass houses shouldn’t throw rocks..

Leave a Reply

You must be logged in to leave a comment. Not a member? Register now!

This site uses Akismet to reduce spam. Learn how your comment data is processed.