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Aldon Smith’s Legal Troubles Explained by a CA Criminal Attorney

Posted by on 9:26 pm in 49ers Analysis, 49ers News | 0 comments

We have been talking a lot about Aldon Smith’s pending legal troubles on the 49ers Now podcast lately, so I reached out to a criminal defense attorney friend of mine at Wallin & Klarich for some experienced legal perspective on Aldon’s situation and what exactly he is facing: ————————- What exactly did Aldon Smith do to be charged with 3 felonies? Linebacker Aldon Smith was charged in Santa Clara Superior Court with three felony counts of illegally possessing assault rifles along with misdemeanor drunk driving. Smith purchased three semi-automatic rifles over the counter in Arizona. In order to comply with California law, Smith would have needed to modify and register the guns. He allegedly fired one of the rifles off into the air as a warning shot during a party in 2012. Prosecutors in Smith’s case described his guns as an Armalite AR10-T .308-caliber rifle, a Bushmaster ACR chambered in 5.56mm NATO and a Bushmaster Carbon 15 .223-caliber rifle. While these rifles are not prohibited in California per-se, it is the particular features of the weapons that can be problematic. Understanding California Assault Weapons Laws Under California’s assault-weapons ban enacted in 1989, certain models of semi-automatic rifles and pistols are prohibited as well as others with certain characteristics. For example, semi-automatic rifles such as the popular AR-15 cannot have detachable magazines or magazines that can be released with the push of a button. Smith’s rifles did have an automatic magazine release. California law also prohibits magazines with a capacity for more than 10 rounds. Smith’s rifles reportedly had 30-round magazines. What possible sentence is Aldon smith facing if convicted? If convicted, Smith could face a sentence ranging from no time in custody to more than four years behind bars. Because he fired a shot from one of the weapons, Smith’s...

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Asher Roth the Die-hard Niners Fan

Posted by on 5:54 pm in 49ers News, 49ers Videos | 0 comments

Asher Roth the Die-hard Niners Fan

If you couldn’t tell from the 49ers Now week 5 podcast, Asher is a die-hard 49ers fan. We want to share with you some photos, the Asher as Alex Smith article and some other stuff we covered… Also, if you would like to help Asher pay for his $2,000 phone bill from watching a 9ers game in Europe, check out http://asherrothmusic.com/ and pick up an album. Asher’s Last Man Standing on Thursday Night Football ad: Asher Roth is Alex Smith? Seven offensive coordinators in seven years and never a head coach that really spoke the language. It was a direct correlation to what was happening in my professional career. Sure we had the talent, sure we had the wits, but for some odd reason it was not translating. The losing seasons weren’t all our fault but it sure felt like it. Lines were crossed. Something was off. My Life as Alex Smith by Asher Roth on ESPN Asher Representing Niners Nation: Asher on 49ers Now Podcast In case you missed it, check Asher out on our...

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The Genesis of a #LegalHitner – Ts on Sale

Posted by on 1:22 am in 49ers Apparel, 49ers News | 0 comments

The Genesis of a #LegalHitner – Ts on Sale

As I am sure you are all aware by now, Donte Whitner is legally changing his name to Donte Hitner. We cover the course of events in our week 4 podcast… Apparently, the T-shirts EL & I were dying to get our hands on are available. Another Enemy has a few basic shirt design mock-ups on their site. From what we can tell, this appears to be a collaboration with Donte. I hope Hitner (RIP Whitner) filed a trademark claim on #LegalHitner to protect his intellectual property. You can buy the tees on the Another Enemy website. We are still trying to track down where we can buy this version of the shirt, as it is the best one we have seen so far:   In case your missed it, here is what led to the name change: 1. 9ers v. Rams Game ~ WHitner’s Hit on Chris Givens 2. The League Fines Whitner $21,000 for that “Illegal” Hit Well tweeps they fined me 21k for that hit…. — DonteHitner31 (@DonteWhitner) October 1, 2013 3. Donte Starts Tweeting #LegalHitner Tees Again…..here's the link…..get your #LegalHitner tee…show some support….support legal play! http://t.co/ORB8bYdNYb — DonteHitner31 (@DonteWhitner) October 1, 2013 Again…..here's the link…..get your #LegalHitner tee…show some support….support legal play! http://t.co/ORB8bYdNYb — DonteHitner31 (@DonteWhitner) October 1, 2013 4. Donte Plans to Drop The W – #NotPlayingEither Thinking about taking the W out of my last name. Mom said its ok (y'all kno I had to ask 1st lol) #NotPlayingEither — DonteHitner31 (@DonteWhitner) October 1, 2013 5. No but seriously… It's official…The W is being removed from my last name from Whitner to Hitner…GM — DonteHitner31 (@DonteWhitner) October 2, 2013 6. We’re Assuming This Was Pre-negotiated with his Mother: “@Brandonuntalan: So when you retire are you switching it back to whitner @DonteWhitner” [Yes] —...

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