Attorneys of the Oakland Raiders defensive edge Aldon Smith hope to dismiss probation violation charges.
Oakland Raiders edge Aldon Smith was arraigned in Santa Clara County’s Hall of Justice, on Friday, for allegedly violating conditions of his probation during an August arrest.
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Smith was not in Friday’s court session for charges that allege he violated probation by driving while drunk last year. However, his defense hopes to dismiss the probation violation charges on technical grounds, according to Mercury News.
The report on the defense via the Mercury News:
“Defense attorney Joshua Bentley argued that the court should disregard evidence of Smith’s intoxication because it was collected after he signed a citation promising to appear in court on a later date— and therefore, according to Bentley, after Smith was free to leave police custody.”
Meanwhile, the prosecutors argue that the evidence should stay because police did not prevent Smith from leaving the vicinity. Smith spoke to police and incriminated himself, according to prosecutors.
This evidence includes a tape where Smith seemed to admit to drinking one shot of Tequila before driving, as well as failed police sobriety tests and preliminary alcohol screening tests, according to the Mercury News.
Even with the probation charges dropped due to dismissal of evidence, Smith would still face trail for his remaining charges.
Smith was arrested on Aug. 6 with charges for hit and run, DUI with prior conviction and vandalism.
The August arrest was Smith’s fifth since joining the NFL, which lead him to being released by the San Francisco 49ers before being signed by the Raiders and later suspended by the league.
Smith was given three years of probation in July 2014 for convictions for drunken driving with possession of assault rifles.
At the time, the Judge over the July 2014 case said Smith would go to jail immediately for violating conditions of his probation.
The judge is still deliberating over the evidence, but a trail date is set for July, 22.
Any sort of criminal conviction could hurt Smith’s reinstatement into the league. Smith is currently serving his year ban away from the Raiders. He is eligible to return in week 10
Obviously, the Raiders will need Smith’s pass rushing ability for a playoff run but Smith needs to concentrate on his legal proceedings first.
At 26-years-old, he does not need to see a jail cell. However, that is not his decision.
Either way, Smith better have learned from this situation because he has no room for error from the NFL or the justice system.