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The Aldon Smith thread

Originally posted by Wodwo:
Again, I just feel like sharing my experience with the CA legal system. I am not a lawyer and I only took two law classes while at the UofA. My step-Father was a lawyer and my Uncle is a Superior Court Judge, so I did grow up around people who knew the law.

I was arrested five times in CA for violent crimes. Each time had at least one felony charge and some had multiple felony charges. Only once did a felony charge stick... and that's because I took it to trial. I spent four months behind bars and a year and a half in a treatment facility for assault with a deadly weapon. I was arrested three times after that and each time took a plea bargain that brought all charges down to misdemeanors. I took deals that required outpatient treatment each time, which was no big deal because I was already getting that.

All of that happened in a relatively short period of time when I was young.

I have since been arrested once, over a decade after the other incidents. It was also for a violent crime. This time was truly not my fault. I had a paradoxical reaction to a high dosage of a powerful psychoactive medication resulting in a violent "black out". I could have fought this one, but over the years I have learned that it is always better to take a good plea bargain than go to trial. They will nail your ass to the wall if you don't. Felonies reduced to misdemeanors and continued treatment was what I took.

If you are putting in a serious effort to correct your behavior, the courts will support that effort.

There will be records kept about Aldon's time in rehab. They will be able to tell if he is taking it seriously. You can't b******t these people.

I am not as familiar with the politics involved in this case, though. I will say that I am less cynical about the people making the decisions in the courts than some others on this forum. They are all different, but they are still human... they do not lack empathy.

I am a far more dangerous criminal than Aldon Smith. I got help and changed my behavior, though it took some time. We'll find out how serious Aldon is about making changes.

Just try to remember that he can.

Originally posted by Memphis9er:
Originally posted by Wodwo:
Again, I just feel like sharing my experience with the CA legal system. I am not a lawyer and I only took two law classes while at the UofA. My step-Father was a lawyer and my Uncle is a Superior Court Judge, so I did grow up around people who knew the law.

I was arrested five times in CA for violent crimes. Each time had at least one felony charge and some had multiple felony charges. Only once did a felony charge stick... and that's because I took it to trial. I spent four months behind bars and a year and a half in a treatment facility for assault with a deadly weapon. I was arrested three times after that and each time took a plea bargain that brought all charges down to misdemeanors. I took deals that required outpatient treatment each time, which was no big deal because I was already getting that.

All of that happened in a relatively short period of time when I was young.

I have since been arrested once, over a decade after the other incidents. It was also for a violent crime. This time was truly not my fault. I had a paradoxical reaction to a high dosage of a powerful psychoactive medication resulting in a violent "black out". I could have fought this one, but over the years I have learned that it is always better to take a good plea bargain than go to trial. They will nail your ass to the wall if you don't. Felonies reduced to misdemeanors and continued treatment was what I took.

If you are putting in a serious effort to correct your behavior, the courts will support that effort.

There will be records kept about Aldon's time in rehab. They will be able to tell if he is taking it seriously. You can't b******t these people.

I am not as familiar with the politics involved in this case, though. I will say that I am less cynical about the people making the decisions in the courts than some others on this forum. They are all different, but they are still human... they do not lack empathy.

I am a far more dangerous criminal than Aldon Smith. I got help and changed my behavior, though it took some time. We'll find out how serious Aldon is about making changes.

Just try to remember that he can.

Note to self: Never piss this guy off...

Seriously though, here in TN the same is true, show a genuine effort and they will give you a genuine chance.


I'm an immigration attorney, but I get a lot of clients that have criminal issues, which affect their immigration cases. In the majority of cases, the records show that they were initially charged with a felony but later pled down to a misdemeanor. Now for the purposes of immigration law, it doesn't matter for the most part whether a crime is considered a felony or misdemeanor under state law, it could still carry consequences in immigration; and this is always an issue we have with public defenders and criminal defense attorneys who know nothing about immigration law. But they always get their clients to plead to misdemeanors and of the hundreds of cases I've seen, I think one actually had gone to trial.
I'm curious to know how he transported them back and what he was thinking purchasing them. I give it a decent chance that whoever sold him the guns warned him. His CA drivers license, I would imagine would have the sales person say something about legality. You don't want your customer arrested or coming back at you pissed because you didn't give them all the info.
  • boast
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Originally posted by jreff22:
I'm curious to know how he transported them back and what he was thinking purchasing them. I give it a decent chance that whoever sold him the guns warned him. His CA drivers license, I would imagine would have the sales person say something about legality. You don't want your customer arrested or coming back at you pissed because you didn't give them all the info.

that depends on whether or not the AZ gun store employee knows CA gun laws. i would guess the employee would not.
  • Nuns
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Originally posted by boast:
Originally posted by jreff22:
I'm curious to know how he transported them back and what he was thinking purchasing them. I give it a decent chance that whoever sold him the guns warned him. His CA drivers license, I would imagine would have the sales person say something about legality. You don't want your customer arrested or coming back at you pissed because you didn't give them all the info.

that depends on whether or not the AZ gun store employee knows CA gun laws. i would guess the employee would not.

You have to have an address in the state you're buying a gun in order to purchase it. I don't think you run into Nevada with a CA drivers license and buy a weapon.
Originally posted by real9erfan:
He's not going to be hit with federal charges. No federal prosecutor will waste his/her time with this.

Federal prosecutors are happy to waste money that isn't theirs prosecuting "high profile" cases. See: Barry Bonds, Roger Clemens. But they will wait until the SCC DA basically does all of the work to see whether to present those findings to a grand jury.
Originally posted by boast:
Originally posted by jreff22:
I'm curious to know how he transported them back and what he was thinking purchasing them. I give it a decent chance that whoever sold him the guns warned him. His CA drivers license, I would imagine would have the sales person say something about legality. You don't want your customer arrested or coming back at you pissed because you didn't give them all the info.

that depends on whether or not the AZ gun store employee knows CA gun laws. i would guess the employee would not.

Yes and no...

While an AZ gun store employee won't be 100% knowledgeable on CA laws...any gun enthusiast knows CA and NY are VERY gun unfriendly. When you shop online there is always a CA disclaimer and CA "approved" weapons.
Originally posted by Nuns:
You have to have an address in the state you're buying a gun in order to purchase it. I don't think you run into Nevada with a CA drivers license and buy a weapon.

I don't think that's true. I would assume its up to the state to decide its sales laws. Much like reciprocity with CCW permits.
  • boast
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Originally posted by jreff22:
Originally posted by boast:
Originally posted by jreff22:
I'm curious to know how he transported them back and what he was thinking purchasing them. I give it a decent chance that whoever sold him the guns warned him. His CA drivers license, I would imagine would have the sales person say something about legality. You don't want your customer arrested or coming back at you pissed because you didn't give them all the info.

that depends on whether or not the AZ gun store employee knows CA gun laws. i would guess the employee would not.

Yes and no...

While an AZ gun store employee won't be 100% knowledgeable on CA laws...any gun enthusiast knows CA and NY are VERY gun unfriendly. When you shop online there is always a CA disclaimer and CA "approved" weapons.

online gun retailers are far different than brick and mortar gun shops.
Originally posted by Wodwo:
Again, I just feel like sharing my experience with the CA legal system. I am not a lawyer and I only took two law classes while at the UofA. My step-Father was a lawyer and my Uncle is a Superior Court Judge, so I did grow up around people who knew the law.

I was arrested five times in CA for violent crimes. Each time had at least one felony charge and some had multiple felony charges. Only once did a felony charge stick... and that's because I took it to trial. I spent four months behind bars and a year and a half in a treatment facility for assault with a deadly weapon. I was arrested three times after that and each time took a plea bargain that brought all charges down to misdemeanors. I took deals that required outpatient treatment each time, which was no big deal because I was already getting that.

All of that happened in a relatively short period of time when I was young.

I have since been arrested once, over a decade after the other incidents. It was also for a violent crime. This time was truly not my fault. I had a paradoxical reaction to a high dosage of a powerful psychoactive medication resulting in a violent "black out". I could have fought this one, but over the years I have learned that it is always better to take a good plea bargain than go to trial. They will nail your ass to the wall if you don't. Felonies reduced to misdemeanors and continued treatment was what I took.

If you are putting in a serious effort to correct your behavior, the courts will support that effort.

There will be records kept about Aldon's time in rehab. They will be able to tell if he is taking it seriously. You can't b******t these people.

I am not as familiar with the politics involved in this case, though. I will say that I am less cynical about the people making the decisions in the courts than some others on this forum. They are all different, but they are still human... they do not lack empathy.

I am a far more dangerous criminal than Aldon Smith. I got help and changed my behavior, though it took some time. We'll find out how serious Aldon is about making changes.

Just try to remember that he can.

Good insight and I hope that the people that are in charge of prosecuting Aldon have the same empathy - everybody deserves a second chance and an opportunity to change. But assault rifles are a pretty hot topic right now, this is a high profile case, and the District Attorney is a political office. And for every 49ers fan that hopes Aldon Smith gets out of this without having to waste the prime of his career in jail, there is a parent who sends their kids to school everyday worried about gun violence. I don't believe Aldon Smith is a danger to anybody but himself but the case is a bit bigger than him, unfortunately.

Originally posted by boast:
Originally posted by jreff22:
Originally posted by boast:
Originally posted by jreff22:
I'm curious to know how he transported them back and what he was thinking purchasing them. I give it a decent chance that whoever sold him the guns warned him. His CA drivers license, I would imagine would have the sales person say something about legality. You don't want your customer arrested or coming back at you pissed because you didn't give them all the info.

that depends on whether or not the AZ gun store employee knows CA gun laws. i would guess the employee would not.

Yes and no...

While an AZ gun store employee won't be 100% knowledgeable on CA laws...any gun enthusiast knows CA and NY are VERY gun unfriendly. When you shop online there is always a CA disclaimer and CA "approved" weapons.

online gun retailers are far different than brick and mortar gun shops.

Again you are 100% correct. But its almost common knowledge about gun ownership and weapon approval in CA. While I can't say for sure, I would expect a warning was given to him. People in the business are aware of this stuff.
Originally posted by 49AllTheTime:
Originally posted by crabman82:
Originally posted by Marvin49:
Originally posted by crabman82:
Originally posted by saj4423:
Originally posted by Marvin49:
Its like an opening bid that is meant to be plead down. He won't be found guilty of a felony. Its just the opening volley by the DA.

True it will be plead down to misdemeanors, he will pay his fines. I say he is back on the field after the bye and will be put on notice by the league but will not face an additional suspension because of his time in rehab.

i'd be stoked if it were plead down and he paid a fine. but lets be realistic here he is going to get suspended, maybe a self imposed trip to rehab might shave a game or two off of the suspension, but theres no way a player, especially of his stature, is going to have so much negative press but avoid a suspension. would set a bad precedent of players f**king up going to rehab and escaping a suspension.


His suspension will be smaller his stint in rehab. How long the suspension lasts will have alot to do with how many games he misses. Thats my opinion anyway.

The league routinely shortens suspensions for "good behavior". This is more like good behavior prior to being suspended.

and i dont disagree with you, but to the people who think he will avoid it entirely, i believe they are in for a rude awakening.
I dont think anyone here is thinking he will avoid suspension time...but i think he will avoid jail time

put it in bold for you
Originally posted by crabman82:
Originally posted by 49AllTheTime:
Originally posted by crabman82:
Originally posted by Marvin49:
Originally posted by crabman82:
Originally posted by saj4423:
Originally posted by Marvin49:
Its like an opening bid that is meant to be plead down. He won't be found guilty of a felony. Its just the opening volley by the DA.

True it will be plead down to misdemeanors, he will pay his fines. I say he is back on the field after the bye and will be put on notice by the league but will not face an additional suspension because of his time in rehab.

i'd be stoked if it were plead down and he paid a fine. but lets be realistic here he is going to get suspended, maybe a self imposed trip to rehab might shave a game or two off of the suspension, but theres no way a player, especially of his stature, is going to have so much negative press but avoid a suspension. would set a bad precedent of players f**king up going to rehab and escaping a suspension.


His suspension will be smaller his stint in rehab. How long the suspension lasts will have alot to do with how many games he misses. Thats my opinion anyway.

The league routinely shortens suspensions for "good behavior". This is more like good behavior prior to being suspended.

and i dont disagree with you, but to the people who think he will avoid it entirely, i believe they are in for a rude awakening.
I dont think there is a large % here is thinking he will avoid suspension time...but i think he will avoid jail time

put it in bold for you

Fixed
Originally posted by 49AllTheTime:
Originally posted by crabman82:
Originally posted by 49AllTheTime:
Originally posted by crabman82:
Originally posted by Marvin49:
Originally posted by crabman82:
Originally posted by saj4423:
Originally posted by Marvin49:
Its like an opening bid that is meant to be plead down. He won't be found guilty of a felony. Its just the opening volley by the DA.

True it will be plead down to misdemeanors, he will pay his fines. I say he is back on the field after the bye and will be put on notice by the league but will not face an additional suspension because of his time in rehab.

i'd be stoked if it were plead down and he paid a fine. but lets be realistic here he is going to get suspended, maybe a self imposed trip to rehab might shave a game or two off of the suspension, but theres no way a player, especially of his stature, is going to have so much negative press but avoid a suspension. would set a bad precedent of players f**king up going to rehab and escaping a suspension.


His suspension will be smaller his stint in rehab. How long the suspension lasts will have alot to do with how many games he misses. Thats my opinion anyway.

The league routinely shortens suspensions for "good behavior". This is more like good behavior prior to being suspended.

and i dont disagree with you, but to the people who think he will avoid it entirely, i believe they are in for a rude awakening.
I dont think there is a large % here is thinking he will avoid suspension time...but i think he will avoid jail time

put it in bold for you

Fixed

well played sir
  • Wodwo
  • Veteran
  • Posts: 8,476
Originally posted by Memphis9er:
Note to self: Never piss this guy off...

Seriously though, here in TN the same is true, show a genuine effort and they will give you a genuine chance.

Heh, not much to worry about over the internet.

Interesting to know it's the same in other states. Thanks for the info!
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