San Francisco 49ers pass rusher Aldon Smith was sentenced to 12 days in jail and three years of probation by Judge Daniel Nishigaya of Santa Clara County Superior Court on Friday. However, Smith is unlikely to spend another day actually in jail.
DUI:court prob for 3 years, *12 days in county jail, with 1 day credit, HOWEVER that can be served on mondays starting july 28 ON WORK CREW— tracey kaplan (@tkaplanreport) July 18, 2014
For misd gun charges: same to run concurrently (at same time) plus 235 hrs commty service.— tracey kaplan (@tkaplanreport) July 18, 2014
For guns: $2,000 punitive fine, cant possess guns or ammo for 3 years tht he on probation— tracey kaplan (@tkaplanreport) July 18, 2014
Smith pleaded no contest to three counts of felony weapons possession and misdemeanor drunken driving charges, and his sentencing was originally scheduled for July 25. However, the sentencing was bumped up one week due to a family emergency for the prosecution.
The 11 days in jail can be served on a weekly Monday work crew starting July 28. We'll look for more details on how exactly the work crew would work. Often first time DUI convictions result in picking up trash on the side of the yard, or other such work. We'll see if Aldon just serves the 12 days before the season starts, or if he spends 11 Mondays picking up garbage.
The penalty would have been much stiffer, but the judge reduced the felony charges for the weapons down to misdemeanors.
The weapons possession charges stem from when police found three illegal assault rifles in 2012, responding to a party that gang members crashed and at which Smith was stabbed. The prosecution also revealed that Smith was partying with Norteno gang members the night of the party.
The DUI charge dates back to a single car accident from last September. Smith entered rehab after the DUI arrest.
In addition to the current charges, Smith was also arrested last April for allegedly making a bomb threat at Los Angeles International Airport. In the end, Frank Mateljan of the City Attorney's office announced it was not going to press charges after all.
The NFL will likely dose out a suspension of some kind now that the legal proceedings have been settled. Smith is likely to miss at least a couple games for next season, and Fox's Mike Garafolo recently said it's most likely going to be between four and six.