Aldon Smith pleads no contest to 3 felonies...

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Aldon Smith pleads no contest to 3 felonies...

Postby RiverDog » Thu May 22, 2014 10:14 am

..and pleads no contest to two DUI charges. Sentencing is in two months, a couple days after the Niners open camp.

http://espn.go.com/nfl/story/_/id/10965 ... meanor-dui

The judge can sentence him to up to 4+ years behind bars. My guess is that he'll come away with somewhat less than that, perhaps a year with some time off for good behavior. I'll also guess that the league suspends him for one full season. Poor Niners. Man, do I feel bad.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby HumanCockroach » Thu May 22, 2014 10:43 am

Everything I have heard or read, the belief is the NFL gives him a 3 to 6 game suspension. Seems exceedingly light to me ( especially considering Lynch got three for having a gun in a backpack in his TRUNK , but the thought going around is, he took five games off last year, so they go light, which seems pretty damn stupid to me, especially considering his latest bad decision, which I would guess wasn't sans alcohol or drugs. The idea that a drunk/ stoned player can wrap his car around a tree in my front yard, and garner nothing but a stern talking to, concerns me. Sometimes the size of the star, and the popularity of the team, I guess gives you more leeway).

I was in agreement with you previously, but unless the pundits are miles off, not going to happen ( IMO he deserves real time behind bars, simply because he continues to endanger innocent peoples lives) I don't feel he belongs on the same level as AH or anything, but a regular Joe who does this stuff is certainly in prison for the 4 years ( or more depending on the quality of the council),being an athlete doesn't absolve you from responsibilities . The articles I've read is he pleaded guilty to protect him from law suits civilly. ( meaning he knows he's toast and is just trying to avoid paying financial ramifications to the parties injured).
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby NorthHawk » Thu May 22, 2014 10:47 am

I think the judge will let him off easy. I don't know why I think that, just a feeling I have.
The NFL punishment will be interesting because this is a black eye on their reputation - and we can see how he is treated compared to Irsay for the DUI part.
The Airport incident has also yet to be resolved, isn't it?
That's another potential hit for the NFL to rule on.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby Eaglehawk » Thu May 22, 2014 10:54 am

NorthHawk wrote:I think the judge will let him off easy. I don't know why I think that, just a feeling I have.
The NFL punishment will be interesting because this is a black eye on their reputation - and we can see how he is treated compared to Irsay for the DUI part.
The Airport incident has also yet to be resolved, isn't it?
That's another potential hit for the NFL to rule on.


Now that its political NH, I have no idea what will happen. No idea.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby HumanCockroach » Thu May 22, 2014 10:58 am

NorthHawk wrote:I think the judge will let him off easy. I don't know why I think that, just a feeling I have.
The NFL punishment will be interesting because this is a black eye on their reputation - and we can see how he is treated compared to Irsay for the DUI part.
The Airport incident has also yet to be resolved, isn't it?
That's another potential hit for the NFL to rule on.


They resolved the Airport incident down to a misdemeanor , his sentencing is the final step in regards to his legal trouble ( at least at this point).
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby kalibane » Thu May 22, 2014 11:13 am

I have a feeling that this ends in a long probation with no jail time as is typical for celebrities who plead no contest to criminal charges. I don't understand the rationale that the league suspends him for a shorter time fram because he missed games last year. Isn't the usual pattern that each incident multiplies the suspension.

Honestly, and this isn't because he's a Niner, I think he should get at least a year sentence which will inevitably be cut short for good behavior, and the league should come down hard on him while simultaneously putting him in a long term treatment program. This dude's life is a mess and he doesn't seem to be learning. The airport incident while I agree with not going felony for that particular incident is a flashing neon sign that his piddly 28 day program he attended after wrapping his car around a tree did not take. They won't be satisfied until this ends in a Leonard Little type of situation. They need to give him some big time structure and teach him how to reorganize his life and his priorities or hes going to end up really hurting someone. For his own good he needs this. Figure six months in jail followed by at least six months at an inpatient treatment facility gives him a fighting chance to turn it around.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby HumanCockroach » Thu May 22, 2014 11:19 am

I'm not saying he shouldn't get at least a full season, I'm just relaying what's being reported. If he plays, he plays, not one to encourage the loss of a player from any team to "help" mine, regardless of circumstances, just think it shows an uneven process and favoritism by the NFL if he doesn't get a significant suspension. Good Lord, they suspended Browner for a year, when he missed test while NOT employed by the league, but Smith endangering LIVES is somehow viewed as a lesser crime?

Hell PED suspensions are minimum 4 games, how does that balance?
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby RiverDog » Thu May 22, 2014 11:42 am

HumanCockroach wrote:I'm not saying he shouldn't get at least a full season, I'm just relaying what's being reported. If he plays, he plays, not one to encourage the loss of a player from any team to "help" mine, regardless of circumstances, just think it shows an uneven process and favoritism by the NFL if he doesn't get a significant suspension. Good Lord, they suspended Browner for a year, when he missed test while NOT employed by the league, but Smith endangering LIVES is somehow viewed as a lesser crime?

Hell PED suspensions are minimum 4 games, how does that balance?


Exactly. IMO the Commish should suspend him for a year. There are a total of 6 felony or misdemeanor charges that he's essentially plead guilty to, any one of which is at least the equivalent of a PED violation, with the possible exception of the airport incident. I'd be saying that even if he were a Hawk. Just think of the contrast between Goodell and the NBA, who issues a LIFETIME ban to one of their owners for politically incorrect remarks and the NFL lets a 3 count convicted felon off with just a mild slap on the hands.

As far as what the judge hands down, I'm pretty confident that Smith won't receive preferential treatment. They know that the spotlight is on and most don't want to be seen as soft on crime. If anything, I think he gets treated more harshly than the average Joe.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby NorthHawk » Thu May 22, 2014 11:58 am

I can see the argument for a stiff penalty from the NFL.
However what often seems obvious to us might not be what transpires.
What does the CBA say about options for the NFL in these cases? I honestly don't know if there are restrictions for punishment or not that could mitigate an otherwise severe penalty.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby kalibane » Thu May 22, 2014 12:01 pm

Oh I know HC... I completely agree with you. Marijuana = 1 year suspension (settled down to 6 now) but felony assault weapons and 2 DUIs = less? It makes zero sense.

Sometimes I feel like I'm the only one (even if I know I'm not) who understands exactly how combustible this guy's situation is. He was completely hammered and behind the wheel with weed and pills in the car at 7:00 AM on a weekday morning where he was expected at the team facility for a preparation day for that weeks game. So... 1. Even if he'd made it home without incident, he would have been drunk out of his mind on the job (assuming he went). 2. This is technically rush hour, prime jogging time, people leaving for work, kids going to school. He's unbelievably lucky he didn't hurt someone, even luckier than someone who's twisted driving on relatively empty streets at 2-3 AM. 3. Now throw illegal assault weapons into the mix with how out of control he's been with his drinking. This is a death waiting to happen. It's not a time for a slap on the wrist. I feel like anything less than some jail time and a major suspension (again with mandated treatment) is negligence on the part of those in the position to impose a penalty on him whether it be the legal system or the commissioner's office.

North,

The league has broad powers to suspend players under the personal conduct policy. They suspended Vick indefinitely and he remained suspended for 2 years for dog fighting. As reprehensible as that was, he wasn't putting the public at risk the way Aldon Smith is.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby Futureite » Thu May 22, 2014 4:26 pm

I don't think he will or should do any serious time. Now that is not to say that he does not have problems. Clearly he does. I used the comparable of my friend and I'll do it again. He too wrapped his car around a tree in a drunken stupor. People need ro quit posting "if you or I did this we'd get X time". He served zero time for that and in fact still has his driver's lisense. Same guy got drunk, blanked out and shot his TV with several people in the room. The bullet went through into the neighbirs apartment. Police took him into custody, confiscated his gun, and he walked the next day. Did ZERO time. Why?? No intent to harm and no injury in either case.

Equating these incidents to Aldon; he legally purchased a couple firearms in AZ that he did not register in CA. Per authorities, he "shot them in the air" at a party. A lot of people seem to be very upset over violation of CA law. His crime relates to the possession of a firearm that is illegal in this state. If he is an AZ Cardinal we are not even having this discussion. There is no assault with a deadly weapon charge, no charge or plea to any violent crime.

I do not take the DUI lightly. But if we are sentencing folks to maximum prison sentences for acts where there is no intent or actual injury, then I don't want to live in CA. You cannot legislate what "could" happen or what "might" happen. Only what did happen. You cannot legislate "loose cannon". There is a reason the penal code has variance in the sentencing, and that variance is not intended to create a means to over-penalize people that you do not like.

4 yrs? He'll prob do a couple months, if that. Unless he has it worse than my friend.
Last edited by Futureite on Thu May 22, 2014 4:36 pm, edited 1 time in total.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby Futureite » Thu May 22, 2014 4:29 pm

RiverDog wrote:
HumanCockroach wrote:I'm not saying he shouldn't get at least a full season, I'm just relaying what's being reported. If he plays, he plays, not one to encourage the loss of a player from any team to "help" mine, regardless of circumstances, just think it shows an uneven process and favoritism by the NFL if he doesn't get a significant suspension. Good Lord, they suspended Browner for a year, when he missed test while NOT employed by the league, but Smith endangering LIVES is somehow viewed as a lesser crime?

Hell PED suspensions are minimum 4 games, how does that balance?


Exactly. IMO the Commish should suspend him for a year. There are a total of 6 felony or misdemeanor charges that he's essentially plead guilty to, any one of which is at least the equivalent of a PED violation, with the possible exception of the airport incident. I'd be saying that even if he were a Hawk. Just think of the contrast between Goodell and the NBA, who issues a LIFETIME ban to one of their owners for politically incorrect remarks and the NFL lets a 3 count convicted felon off with just a mild slap on the hands.

As far as what the judge hands down, I'm pretty confident that Smith won't receive preferential treatment. They know that the spotlight is on and most don't want to be seen as soft on crime. If anything, I think he gets treated more harshly than the average Joe.


Lol this isn't Texas. Tell me what the average Joe would get in CA.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby HumanCockroach » Thu May 22, 2014 4:34 pm

You can paint the word "felony" however you want to Future, the fact of the matter is he pleaded guilty to multiple felonies, and you already LIVE in a country, were felonies are typically punished with jail time. You can call it a DUI, or some harmless "firing guns in the air" if you want, but the word MOST people that don't want guys like Aldon in their communities is indeed felonies.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby HumanCockroach » Thu May 22, 2014 4:35 pm

Futureite wrote:
RiverDog wrote:
HumanCockroach wrote:I'm not saying he shouldn't get at least a full season, I'm just relaying what's being reported. If he plays, he plays, not one to encourage the loss of a player from any team to "help" mine, regardless of circumstances, just think it shows an uneven process and favoritism by the NFL if he doesn't get a significant suspension. Good Lord, they suspended Browner for a year, when he missed test while NOT employed by the league, but Smith endangering LIVES is somehow viewed as a lesser crime?

Hell PED suspensions are minimum 4 games, how does that balance?


Exactly. IMO the Commish should suspend him for a year. There are a total of 6 felony or misdemeanor charges that he's essentially plead guilty to, any one of which is at least the equivalent of a PED violation, with the possible exception of the airport incident. I'd be saying that even if he were a Hawk. Just think of the contrast between Goodell and the NBA, who issues a LIFETIME ban to one of their owners for politically incorrect remarks and the NFL lets a 3 count convicted felon off with just a mild slap on the hands.

As far as what the judge hands down, I'm pretty confident that Smith won't receive preferential treatment. They know that the spotlight is on and most don't want to be seen as soft on crime. If anything, I think he gets treated more harshly than the average Joe.


Lol this isn't Texas. Tell me what the average Joe would get in CA.


I suppose according to you a pat on the back, and a well done...
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby HumanCockroach » Thu May 22, 2014 4:41 pm

Felony Charges
Felony weapons charges often result in a penalty of prison time. An individual could receive the penalty of jail time from one year up to 20 years in the state of California. The type of offense, prior criminal record and circumstances surround the arrest are factored into the length of time an individual is required to serve time

California

guess not.... googles great.... and on a side note, your freind was damn lucky.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby Futureite » Thu May 22, 2014 4:52 pm

HC;

Exactly. Look at the 3rd sentence in your post. No prior record, no intent to harm anyone. The irony here is that I am actually advocating for Aldon TO be treated like everyone else - not to receive preferential treatment. And so far my friend (who I agree is a mess) has not hurt anyone in the 15 yrs since. That's the problem when you attempt to punish potential.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby HumanCockroach » Thu May 22, 2014 5:27 pm

If I was you Future I would be FAR more concerned with the one to twenty year portion of that ( and Aldon should be even more concerned than you)
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby Futureite » Thu May 22, 2014 5:34 pm

HumanCockroach wrote:If I was you Future I would be FAR more concerned with the one to twenty year portion of that ( and Aldon should be even more concerned than you)


Hey he has to answer to what he did, not me. On a football note I already assumed he'd be out for the yr. Yes, anything can happen. Just funny how some people have turned him into the FN unibomber yet no one has been hurt. Then again, I have already written every decent Niner into the HOF based on what they will do in the future, so by this logic no one here should lambaste me again ;).
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby kalibane » Thu May 22, 2014 6:14 pm

Future,

Each incident on it's own you can mitigate. All together not so much. This dude has serious problems and needs serious help. Who cares what happens in Texas? Ask Plaxico Burress if lack of intent got him out of Jail. There is no way that an average joe making a median income gets off with no time after pleading to multiple felonies.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby HumanCockroach » Thu May 22, 2014 7:35 pm

Yep, a single incident isn't typically used as a long term suspension or long term jail time, but multiple felonies in a short amount of time? Something quite a bit more serious.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby NorthHawk » Thu May 22, 2014 7:44 pm

As the title of this thread says, he plead No Contest which is different than guilty.
It means it can't be used against him in a civil procedure.
With Goodell being a lawyer, will that be taken into account when he metes out punishment or will he consider Smith guilty even though he never admitted guilt?

Consider that he was never found guilty of a crime, even if he is sentenced in criminal court as if he were. It's been my experience with lawyers (however limited) that they pay a lot of attention to what we might consider minor differences in terminology.

If the court lets him off easy in part for not taking up time with a trial, Goodell might follow suit.
I just hope this is a life changing event for Smith.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby Zorn76 » Thu May 22, 2014 7:55 pm

The worst thing that could happen to Aldon right now is to get light punishment.

Sorry, but this guy is gonna f*** up again. He went to rehab just 8 months ago, then started drinking again at LAX before his dumbazz comment. When you've been in rehab, it isn't just to dry out. It's abstinence from alcohol - or drugs - for the rest of your life. That's rehab. Period.

Until he gets more intensive help - and quits drinking altogether - his career will be over soon enough. I'm not rooting for any of this. I just think this is where Aldon Smith is headed, and it's sad. There's much more at stake than football here, and neither his team or the league really care in the end. The 49ers actions have already said as much. The minute they learned of him drinking again at the airport, they should've imposed their own suspension for the season. Period. Doesn't matter how much - or little - he had. The point is he was drinking in the first place.

Good luck Aldon, you're gonna need it.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby RiverDog » Thu May 22, 2014 8:01 pm

I like you a lot, Future, and have stuck up for you on more than one occasion. IMO you are a valuable member of this forum and not just some troll.

But you're just plain wrong about Aldon Smith. I don't doubt that the jail time will be light. As I said, he'll probably get a year then have several months knocked off for good behavior, and so long as it's consistent with others that have similar convictions, I won't raise a finger if he only gets 4 months as you're saying. That's not the issue. The problem is the manner in which you are defending him. He's plead no contest to SIX separate charges, serious charges. You have to be a frigging moron not to realize that gun laws vary drastically from state to state. Where was he when Plaxico Burgess had the book thrown at him when he accidentally discharged his gun? Ignorance of the law is no excuse. And the DUI's? Twice the legal limit at 7 in the morning when he had practice later in the same afternoon? The guy needs help, and hopefully there aren't many people like you that are rationalizing his behavior because he's not going to get it if that's the attitude.

Goodell needs to come down hard on this guy. Anything less than a year suspension will be a travesty IMO. Roach, Kal, and the others are exactly right when they contrast other issues in which the league has taken disciplinary action on. This isn't just a one time mistake that can be overlooked or forgiven. And if he's unwilling or unable to change, he needs to be run out of the league. And I'm not saying that because I'm some biased Seahawks homer. I'd be advocating the same action if it were Russell Wilson that was in the predicament Smith is in.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby HumanCockroach » Thu May 22, 2014 8:10 pm

NorthHawk wrote:As the title of this thread says, he plead No Contest which is different than guilty.
It means it can't be used against him in a civil procedure.
With Goodell being a lawyer, will that be taken into account when he metes out punishment or will he consider Smith guilty even though he never admitted guilt?

Consider that he was never found guilty of a crime, even if he is sentenced in criminal court as if he were. It's been my experience with lawyers (however limited) that they pay a lot of attention to what we might consider minor differences in terminology.

If the court lets him off easy in part for not taking up time with a trial, Goodell might follow suit.
I just hope this is a life changing event for Smith.


http://www.nolo.com/legal-encyclopedia/ ... 28127.html

A no contest plea protects against civil action, and nothing else. Goodall is indeed a lawyer, and as such, a no contest plea isn't going to lessen the punishment IMHO, because Goodall understands that in essence Smith admitted guilt in the eyes of the law, and simply was preventing people from suing him ( or at least using the evidence from a trial as evidence against him, Ie the guy that got shot at Smith'party).
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby Futureite » Thu May 22, 2014 9:45 pm

RiverDog wrote:I like you a lot, Future, and have stuck up for you on more than one occasion. IMO you are a valuable member of this forum and not just some troll.

But you're just plain wrong about Aldon Smith. I don't doubt that the jail time will be light. As I said, he'll probably get a year then have several months knocked off for good behavior, and so long as it's consistent with others that have similar convictions, I won't raise a finger if he only gets 4 months as you're saying. That's not the issue. The problem is the manner in which you are defending him. He's plead no contest to SIX separate charges, serious charges. You have to be a frigging moron not to realize that gun laws vary drastically from state to state. Where was he when Plaxico Burgess had the book thrown at him when he accidentally discharged his gun? Ignorance of the law is no excuse. And the DUI's? Twice the legal limit at 7 in the morning when he had practice later in the same afternoon? The guy needs help, and hopefully there aren't many people like you that are rationalizing his behavior because he's not going to get it if that's the attitude.

Goodell needs to come down hard on this guy. Anything less than a year suspension will be a travesty IMO. Roach, Kal, and the others are exactly right when they contrast other issues in which the league has taken disciplinary action on. This isn't just a one time mistake that can be overlooked or forgiven. And if he's unwilling or unable to change, he needs to be run out of the league. And I'm not saying that because I'm some biased Seahawks homer. I'd be advocating the same action if it were Russell Wilson that was in the predicament Smith is in.


Thanks River. Agree or disagree I always enjoy your balanced approach to every issue. If Aldon gets time, it's his own fault. I am not going to complain, and I doubt many people will. I guess it is up to a judge to determine the punishment based on the facts and circumstances which none of us really know. You could be right. We'll know in a couple months.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby NorthHawk » Thu May 22, 2014 10:25 pm

HumanCockroach wrote:
NorthHawk wrote:As the title of this thread says, he plead No Contest which is different than guilty.
It means it can't be used against him in a civil procedure.
With Goodell being a lawyer, will that be taken into account when he metes out punishment or will he consider Smith guilty even though he never admitted guilt?

Consider that he was never found guilty of a crime, even if he is sentenced in criminal court as if he were. It's been my experience with lawyers (however limited) that they pay a lot of attention to what we might consider minor differences in terminology.

If the court lets him off easy in part for not taking up time with a trial, Goodell might follow suit.
I just hope this is a life changing event for Smith.


http://www.nolo.com/legal-encyclopedia/ ... 28127.html

A no contest plea protects against civil action, and nothing else. Goodall is indeed a lawyer, and as such, a no contest plea isn't going to lessen the punishment IMHO, because Goodall understands that in essence Smith admitted guilt in the eyes of the law, and simply was preventing people from suing him ( or at least using the evidence from a trial as evidence against him, Ie the guy that got shot at Smith'party).


In pleading no contest you aren't admitting guilt and as the NFL isn't a legal proceeding it's possible Goodell could take that into consideration. It depends on how "lawyerly" he wants to be.

"Pleading no contest or nolo contendere means you admit no guilt for the crime, but the court can determine the punishment. The judge will hold a conversation with the defendant to ensure s/he understands the plea and the possible punishment. This gives the defendant an opportunity to explain the circumstances and why s/he is pleading no contest instead of guilty or not guilty. Through this conversation, the judge gains a better perspective on the situation. The defendant has some possibility of getting a less harsh sentence than might be handed down after a jury trial. "

http://www.nolocontendere.org/differenc ... ntest.html
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby HumanCockroach » Thu May 22, 2014 10:36 pm

The purpose of entering a no contest plea is often to avoid being sued civilly for essentially confessing to a crime, which is the basis of a guilty plea. If the no contest plea restricts someone from sueing you civilly for an action, why would anyone enter a plea of “guilty” to charges against them?

First paragraph of your link.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby NorthHawk » Thu May 22, 2014 11:09 pm

So?
The NFL isn't a court, it's more of a civil proceeding, so him not being found guilty by pleading no contest could mitigate his punishment.
It all depends on how much of the lawyer game Goodell wants to play. He holds all the cards and with the Irsay issue in the news we could see less punishment than we might otherwise - or we could see more. It's up to Goodell.
After all, lawyers are famous for using technicalities for lessening punishments if not outright exoneration.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby HumanCockroach » Thu May 22, 2014 11:31 pm

No, the NFL is an employer, with the right to Fire, Hire, or punish employees however they see fit within the confines of the law when being charged with, and admitting guilt in regards to felonies. Are you claiming a felon that pleaded no contest couldn't get fired from Microsoft or suspended indefinitely? It has nothing to do with a "civil" hearing, as they aren't looking to recoup compensation. Entirely different.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby RiverDog » Fri May 23, 2014 1:58 am

NorthHawk wrote:So?
The NFL isn't a court, it's more of a civil proceeding, so him not being found guilty by pleading no contest could mitigate his punishment
.It all depends on how much of the lawyer game Goodell wants to play. He holds all the cards and with the Irsay issue in the news we could see less punishment than we might otherwise - or we could see more. It's up to Goodell.
After all, lawyers are famous for using technicalities for lessening punishments if not outright exoneration.


I disagree. Smith is now a convicted felon, on 3 counts. It's part of his record. It is going to be pretty difficult for even the slickest lawyer, even if the league permitted them in their hearings which they don't, to rationalize that fact. The personal conduct policy even specifically mentions the types of crimes Smith was convicted of, ie weapons, threats of violence, and endangering the safety and well being of others.

If you look back at the violations that drew suspensions over the past few years, the seriousness of this one sticks out like a sore thumb. Terrelle Pryor got suspended for 5 games for a scandal that happened in college when he was not covered by this policy that only involved violating NCAA rules. Richie Incognito got suspended indefinitely for the harassment of a teammate. Sean Payton got a year for Bounty Gate. None of those violations involved even a misdemeanor charge. Smith has now racked up 3 felonies and 3 misdemeanor convictions.

The fact that Smith has violated the personal conduct policy on multiple occasions is so clear it's no longer debatable. The only thing I can see that might weigh in Smith's favor is that he has not been disciplined by the league under this policy so he can't be considered a repeat offender. However, he almost assuredly would have been disciplined had the league not had the written policy of letting the legal process play out before making any determination of its own.

Futureite, you're still arguing about the court's sentence. That doesn't concern me nearly as much as Goodell's actions.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby NorthHawk » Fri May 23, 2014 7:55 am

HumanCockroach wrote:No, the NFL is an employer, with the right to Fire, Hire, or punish employees however they see fit within the confines of the law when being charged with, and admitting guilt in regards to felonies. Are you claiming a felon that pleaded no contest couldn't get fired from Microsoft or suspended indefinitely? It has nothing to do with a "civil" hearing, as they aren't looking to recoup compensation. Entirely different.


Don't be stupid.
They have a process they must follow for these things. It's in the CBA.
The point I'm making is with Goodell the sole arbiter he could decide any way he sees fit depending on if he wants to consider the technicalities of the situation or not.
It could go any way from very light 4 games to a full year or more suspension - and following it, probation.

Consider.
Smith was not found guilty. No Contest is not an admission of guilt even though he is convicted - and that's the wriggle room for the lawyers.
No contest is often used to get a lighter sentence from the court of law.
Goodell often takes his cue from the results of the legal proceedings.
If the court gives Smith a light sentence, Goodell might follow suit.
Smith or his Lawyer could argue to Goodell that as Smith was not found guilty, his transgressions should not be punished as if he were found guilty.
Finally, another aspect, if Goodell wants to give Irsay a lenient sentence later on, he could give Smith one thereby being able to say he treated them both equally harshly (even if the events are quite different).

As an aside, here's an article that suggest a plea deal with the courts was struck. I infer from it that Smith will get a lenient sentence from the courts, but we will see.
http://www.ninersnation.com/2014/5/22/5 ... contest-pr
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby HumanCockroach » Fri May 23, 2014 8:05 am

See the first post. It doesn't effect me either way, so going round and round with you doesn't interest me in the least. The ONLY thing that pleading no contest does is protect against civil action, a suspension from the NFL is not in any way shape or form acivil action, it is a work related suspension, the same as Boeing doing so.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby Futureite » Fri May 23, 2014 11:16 pm

RiverDog wrote:
NorthHawk wrote:So?
The NFL isn't a court, it's more of a civil proceeding, so him not being found guilty by pleading no contest could mitigate his punishment
.It all depends on how much of the lawyer game Goodell wants to play. He holds all the cards and with the Irsay issue in the news we could see less punishment than we might otherwise - or we could see more. It's up to Goodell.
After all, lawyers are famous for using technicalities for lessening punishments if not outright exoneration.


I disagree. Smith is now a convicted felon, on 3 counts. It's part of his record. It is going to be pretty difficult for even the slickest lawyer, even if the league permitted them in their hearings which they don't, to rationalize that fact. The personal conduct policy even specifically mentions the types of crimes Smith was convicted of, ie weapons, threats of violence, and endangering the safety and well being of others.

If you look back at the violations that drew suspensions over the past few years, the seriousness of this one sticks out like a sore thumb. Terrelle Pryor got suspended for 5 games for a scandal that happened in college when he was not covered by this policy that only involved violating NCAA rules. Richie Incognito got suspended indefinitely for the harassment of a teammate. Sean Payton got a year for Bounty Gate. None of those violations involved even a misdemeanor charge. Smith has now racked up 3 felonies and 3 misdemeanor convictions.

The fact that Smith has violated the personal conduct policy on multiple occasions is so clear it's no longer debatable. The only thing I can see that might weigh in Smith's favor is that he has not been disciplined by the league under this policy so he can't be considered a repeat offender. However, he almost assuredly would have been disciplined had the league not had the written policy of letting the legal process play out before making any determination of its own.

Futureite, you're still arguing about the court's sentence. That doesn't concern me nearly as much as Goodell's actions.


He's a convicted felon in CA. For possessing a firearm. Not for any act involving the weapon itself or for violation of any federal law. In some ways it almost feels like the Barry Bonds case where the government had to find something to pin on Aldon given his behavior. There are obvious differences between the two cases but you see where I am going with that. When a guy is in the local news for smashing his car, throwing crazy parties where gang members show up unannounced in a wealthy San Jose neighborhood, the DA had to find something.

Given all that yes, Gooddell or (Goodell? lol whatever) could come down hard. But in the end I stick with my original guess: 8 games and no jail time. People can freak about this and that and continue to use the word "felon" to beef up the argument, but in the end he still did not hurt anyone. And he never displayed intent to.

As I understand it, the NFL has strict rules regarding banned substances. You violate the rule, you get a specific punishment. There are no specigic rules or suspensions written for some of the grey areas that Aldon is treading in. That is why yes, you may serve the same suspension for using a fertility drug like Marhis or smoking a bowl as you may for possessing an illegal firearm. If you break this down to what it is, Aldon legally bought a firearm in one state but failed to register it in another. Period. You (generally speaking) can add all the byperbole and adjectives to describe it as you like, but that is all he is going to be convicted of. And he may not even be charged in the LAX incident. The facts of what happened there are still unclear.

As a fan I just assume we won't have him in 2014. If I had to put money on it I'd wager he plays 8 games in 2014.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby RiverDog » Sat May 24, 2014 5:37 am

Futureite wrote:He's a convicted felon in CA. For possessing a firearm. Not for any act involving the weapon itself or for violation of any federal law. In some ways it almost feels like the Barry Bonds case where the government had to find something to pin on Aldon given his behavior. There are obvious differences between the two cases but you see where I am going with that. When a guy is in the local news for smashing his car, throwing crazy parties where gang members show up unannounced in a wealthy San Jose neighborhood, the DA had to find something.

Given all that yes, Gooddell or (Goodell? lol whatever) could come down hard. But in the end I stick with my original guess: 8 games and no jail time. People can freak about this and that and continue to use the word "felon" to beef up the argument, but in the end he still did not hurt anyone. And he never displayed intent to.

As I understand it, the NFL has strict rules regarding banned substances. You violate the rule, you get a specific punishment. There are no specigic rules or suspensions written for some of the grey areas that Aldon is treading in. That is why yes, you may serve the same suspension for using a fertility drug like Marhis or smoking a bowl as you may for possessing an illegal firearm. If you break this down to what it is, Aldon legally bought a firearm in one state but failed to register it in another. Period. You (generally speaking) can add all the byperbole and adjectives to describe it as you like, but that is all he is going to be convicted of. And he may not even be charged in the LAX incident. The facts of what happened there are still unclear.

As a fan I just assume we won't have him in 2014. If I had to put money on it I'd wager he plays 8 games in 2014.


You can put lipstick on a pig and it's still a pig. It doesn't matter what state he was convicted in, he's a felon, he is and will remain a felon for the rest of his life. It's part of his record and will follow him everywhere. There are some employers, including mine, that will not hire him now that he's a felon. You're rationalizing his behavior by trying to trivialize his crime.

If I got convicted in California of the same thing Smith did, even though I'm a WA resident not familiar with CA laws, I'd get fired. I had an employee of mine that got fired for throwing rocks at his girlfriend's house, because in WA, any domestic violence malicious mischief crime that results in damage of more than $600 (has since been raised to $750) is considered a Class C felony, and our code of conduct has zero tolerance for the commission of felony crimes. To me personally, it's grossly unfair that I am at risk of losing my life long career and am subjected to a higher standard than the players in the NFL that in one year make more than I do in a lifetime.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby kalibane » Sat May 24, 2014 7:31 am

As far as I'm concerned it's not about punishment and making Aldon do penance for what he's done (although he certainly needs to do some penance). It's about his entire pattern of self destructive behavior. I'm more ambivalent about jail time but I think the league should come down on him hard for his own good. He has shown no hint that he's learning from his past mistakes. He needs something to shake his foundation. The road he's headed down with alcohol doesn't right itself. that the alcohol is contributing to wreckless and criminal behavior shows he's in really deep. Like Zorn said, the worst thing for Aldon is that they let him off light at this point. He needs to go away for at least 6 months so he can focus on getting sober, for his own sake as well as the general public that's sharing the road with him. Niner or not I don't want to see anyont that talented throw his life away for the bottle.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby RiverDog » Sat May 24, 2014 3:31 pm

kalibane wrote:As far as I'm concerned it's not about punishment and making Aldon do penance for what he's done (although he certainly needs to do some penance). It's about his entire pattern of self destructive behavior. I'm more ambivalent about jail time but I think the league should come down on him hard for his own good. He has shown no hint that he's learning from his past mistakes. He needs something to shake his foundation. The road he's headed down with alcohol doesn't right itself. that the alcohol is contributing to wreckless and criminal behavior shows he's in really deep. Like Zorn said, the worst thing for Aldon is that they let him off light at this point. He needs to go away for at least 6 months so he can focus on getting sober, for his own sake as well as the general public that's sharing the road with him. Niner or not I don't want to see anyont that talented throw his life away for the bottle.


I understand and agree with your points, but I will add that getting Smith's personal life squared away is just one component in the equation that should be used to determine how hard the league comes down on him. Another component is fairness. IMO his transgressions are far worse than the PED violations(Browner, Irvin), late hits (James Harrison), or verbal harrassment (Incognito). It would not be fair to let Smith off with something like a 4 game suspension as it puts the seriousness of the violations on par with others that have received like discipline.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby HumanCockroach » Sat May 24, 2014 4:18 pm

Considering Lynch got a 3 game suspension from the SAME commisioner for having a gun in a backpack, in his TRUNK, anything less than an 8 Game suspension ( and honestly it should be longer based on the year bans he likes to throw out for smoking weed) is insulting to be honest. Peyton got a year long suspension for not kiboshing the stupid bounty gate scandal, the GM 8 games, lost draft picks etc, and a couple games is ok for firing a gun above a crowd ( that HE invited) in the same state as Lynch is simply ridiculous.

I dislike Goodall immensely, but he slaps that wide brush of justice pretty damn liberally, if he doesn't follow through in this case, he is emphatically admitting that the league isn't in the least concerned with consistency, or fairness in any way shape or form when it comes to discipline, and has a complete and utter disregard for equality amongst players and teams.

Ultimately, Smith should indeed face a year long suspension, with MANDATORY help. I don't think that will happen ( and am already convinced the league prefers to "lighten" sentences for "model" franchises) but less than half a season isn't just affirming that for me, but lowering my already gutter level respect for those in "charge" of such things. It also IMHO shows a lack of concern for a troubled player ( Smith) and a lack of ANY concern for the well being of innocent bystanders. They'll be quick to pile on should Smith kill someone in one of his "poor decision" moments, but not actively attempt to pre empt that.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby NorthHawk » Sat May 24, 2014 7:00 pm

As I was saying earlier, Goodell could do anything he sees fit.
I would like Smith to get a penalty that forces him to get better if he wants to continue his career, but it's not up to us and some people just can't beat it if the problem is bad enough.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby RiverDog » Sun May 25, 2014 4:54 am

HumanCockroach wrote:Considering Lynch got a 3 game suspension from the SAME commisioner for having a gun in a backpack, in his TRUNK, anything less than an 8 Game suspension ( and honestly it should be longer based on the year bans he likes to throw out for smoking weed) is insulting to be honest. Peyton got a year long suspension for not kiboshing the stupid bounty gate scandal, the GM 8 games, lost draft picks etc, and a couple games is ok for firing a gun above a crowd ( that HE invited) in the same state as Lynch is simply ridiculous.

I dislike Goodall immensely, but he slaps that wide brush of justice pretty damn liberally, if he doesn't follow through in this case, he is emphatically admitting that the league isn't in the least concerned with consistency, or fairness in any way shape or form when it comes to discipline, and has a complete and utter disregard for equality amongst players and teams.

Ultimately, Smith should indeed face a year long suspension, with MANDATORY help. I don't think that will happen ( and am already convinced the league prefers to "lighten" sentences for "model" franchises) but less than half a season isn't just affirming that for me, but lowering my already gutter level respect for those in "charge" of such things. It also IMHO shows a lack of concern for a troubled player ( Smith) and a lack of ANY concern for the well being of innocent bystanders. They'll be quick to pile on should Smith kill someone in one of his "poor decision" moments, but not actively attempt to pre empt that.


I don't mind the suspension running concurrently with whatever jail time Smith draws. The whole point of this exercise is that he needs to be shut down....for a year, IMO. This rationale such as what Future is using, ie "he didn't hurt or intend to hurt anyone" is absolute garbage IMO. Smith is in direct violation of the specific rules spelled out in the personal conduct policy, which says nothing about intent but does specifically mention threats of violence (the airport incident), weapons, and endangering the well being of others (the DUI's).

It won't just be us 12's watching closely to see what Goodell comes up with. Who Dat was extremely pizzed at the heavy handed manner in which he handled Bounty Gate. He's set a precedent and if he doesn't follow it, he's going to set off a firestorm of protest. If he give Smith a year and it gets knocked down to 8 games on appeal, then fine, at least he showed his colors.
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Re: Aldon Smith pleads no contest to 3 felonies...

Postby Futureite » Sun May 25, 2014 7:31 am

River and HC;

Who Dat was on tape stating intent to go after player's ACL's, to go after player's head's. And whether other teams had done the same or not, it obviously called out the integrity of the sport. That is not comparable to what occured here.

Nowhere has any intent been shown on Aldon's part to hurt anyone. Hard to believe you are using Marshawn Lynch as a comparable when the guy has had some of the exact same issues. Lol where's the outrage? Where "was" the outrage? I never read or heard any in Seattle. He's ok, because he just had a gun in his backpack?? At least Aldon's was at his own home. If we are nitpicking, what do you think Lynch's intent is for actually carrying a weapon around with him? I worked in Oakland for 2.5 yrs and have seen plenty of Marshawn Lynch's (and that is not a direct reference to his race). He is from an area far worse than Aldon and carrying a weapon probably felt normal to him. Yet I am not here railing against him with false concerns about public safety. Lynch is obviously not a "thug" and despite his missteps, has not endangered anyone since. You have to punish the crime and not the potential crime that you are projecting into the future.

I do not know what Goodell will do. I am not going to complain either way, because I don't have a good knowledge of the NFL's rules or Goodell's rulings in the past. But if you say Lynch got 3 games, 8 games seems more than fair for Aldon. That on top of the 5 games he sat out last yr is closing in on a full season of missed games for his own transgressions. There is only so much you can put on a player for doing things that in the end, only hurt himself.
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