Category Archives: Attorney Josh Bentley

Aldon Smith in Court Today 8:30 AM 2A for Proof of SCRAM.

By Michael G. Stogner

Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.

Aldon Smith was in court just last week and it looks like the District Attorney’s Office made him an Offer that was recited in court. It would be really nice to know what that offer was, wouldn’t it.

  • 07/11/2022 Pretrial Conference Original Type
    Pretrial ConferenceJudicial Officer(s)
    Hill, Elizabeth M., Ayoob, Donald J.Hearing Time
    1:30 PMResult
    HeldParties PresentDefendantAttorney: BENTLEY, JOSHUA M.
  • 07/11/2022 Waiver of personal appearance
  • 07/11/2022 Conference held.
  • 07/11/2022 Time continues to be waived.
  • 07/11/2022 Jury Trial Confirmed
  • 07/11/2022 Offer recited on the record
  • 07/11/2022 Previous dates remain as set
  • 07/15/2022 Further Proceedings Judicial Officer
    Hill, Elizabeth M.Hearing Time
    8:30 AMComment
    Proof of scram
  • 10/14/2022 Trial Readiness Conference Judicial Officer
    Crim PJ Trial Readiness, -Hearing Time
    8:30 AM

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Three Cases to Watch in Court July 11, 2022 1:30PM

By Michael G. Stogner

All three cases are in Courtroom 2A at 1:30 PM

Former San Francisco 49er Aldon Smith, Pretrial Conference: charged w Felony DUI; reported his 5th DUI, remember this story was first reported by TMZ.

SF Police Sgt Davin Cole, Pretrial Conference: charged w armed robbery of a San Mateo Rite Aid.

Liana Felde, Pretrial Conference: charged w felony DUI manslaughter in a Hwy 1 collision S of HMB Jesse Schouboe 32 R.I.P. was killed in the crash.

San Mateo County Superior Court, before Judge Elizabeth Hill, Courtroom 2A.  

Zoom accessible: click Courtroom 2A to join:

San Mateo Superior Court Zoom Credentials (sanmateocourt.org)

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Filed under 21-SF-002621-A | The People of the State of California vs. Liana Felde, 21-SF-012848-A | The People of the State of California vs. Davin Lyle Cole, 21-SF-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith , Attorney Josh Bentley, Jesse Schouboe 32 R.I.P., Local government watchdog Michael G. Stogner, Michael G. Stogner, No Booking Photo, San Francisco Police Department Sergeant Davin Cole Arrested, San Mateo County News, San Mateo County News.com, San Mateo County News.org, Victim's Advocate, Zain Jaffer Wants to Help Others

Aldon Smith a “Those Who Matter” case in court today.

By Michael G. Stogner

Time 2:00 PM Courtroom 7B

Case number 21SM014538A

Remember Sheriff Bolanos did not release a Booking Photo, or Press Release and his whereabouts for over 5 hours is still a mystery.

SMCSO Sergeant Lou Aquino DUI Arrest by RWCPD

The same thing happened when San Mateo County Sheriff Sergeant Lou Aquino was arrested, NO BOOKING Photo or Press Release by Sheriff Carlos Bolanos. San Mateo County News.com was the first News and Information source to report it.

Sheriff Carlos G. Bolanos is now a Candidate for Re-Election in the June 7, 2022 Election.

This would be the perfect time for the Public to ask him why does he protect certain people who get arrested in San Mateo County?

I’m sure it’s just a coincidence, the Defense Attorney for both of these gentleman was/is Joshua Bentley.

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Filed under Attorney Josh Bentley, Candidate for Re-Election to Sheriff Carlos G. Bolanos, San Mateo County Sheriff Carlos G. Bolanos, SMCSO Sergeant Lou Aquino, SMCSO Sergeant Lou Aquino Refused Field Sobriety Test., Uncategorized

Aldon Smith a “Those Who Matter” case in Court today.

By Michael G. Stogner

Update: 9:15AM 2/8/2022 Next Court date is February 14, 2022 at 2PM

21-SM-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith

Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.

02/08/2022 Courtroom 8B 9:00 AM Preliminary Hearing Judicial Officer
Jakubowski, Susan Hearing Time
9:00 AM Comment
2 Briefs filed

This case should be compared to other SMC DUI, Crash, Personal Injury, and BAC .288

The key word here is CONVICTED:

VEHICLE CODE – VEH

DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 – 23675]

In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or the refusal of the person to take a breath or urine test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.(Amended by Stats. 2018, Ch. 177, Sec. 2. (AB 2717) Effective January 1, 2019.)

Sheriff Carlos G. Bolanos

San Mateo County Sheriff Carlos G. Bolanos did not release a Booking Photo or Press Release of his arrest. Those are the first two Red Flags of a Special Treatment case in SMC. His whereabouts for more than 5 hours has never been made public. That is the third Red Flag. The fourth Red Flag is Joshua Bentley is his defense attorney.

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Aldon Smith has Both of these 2 conditions.

By Michael G. Stogner

Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.

Most DUI cases are prosecuted as misdemeanors. But the offense may be charged as a felony if someone is injured or you have four (4) or more prior DUIs on your record.3 Some convictions carry jail time for California DUIs.

Why is his case being charged as a misdemeanor? 21-SM-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith

Where was he for over 5 hours after the accident at 1:27 P.M. on December 6, 2021 before he got booked into SMC Jail?

What time was the BAC .288 recorded?

What time did he contact Defense Attorney Joshua Bentley?

Aldon Smith’s next court date is January 26, 2022 at 2 P.M.

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Aldon Smith Refused a field sobriety test.

By Michael G. Stogner

Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.

Aldon Smith was arrested by the California Highway Patrol on December 6, 2021 on Farm Hill Blvd, Redwood City, San Mateo County, California. He crashed his vehicle into a Recology Truck injuring the driver.

Silicon Valley.com Reporter Michael Nowels reported his BAC was .288

What is Not known is what time did he finally take the test?

According to the Chart below Aldon Smith should lose his California Drivers License for 3 years and he should be in Jail for an additional 18 days. Hopefully the Silicon Valley .com News provider will follow up on this topic.

If you refuse to submit to a DUI breath test after being lawfully arrested for driving under the influence in California, you will face penalties for a chemical test refusal.

The major consequences of a chemical test refusal in California are: 1) increased penalties in addition to the standard California DUI penalties, and 2) a mandatory driver’s license suspension that will occur regardless of the outcome in your DUI case.

This is because of California’s “implied consent” law. Under this law, you have no right to refuse a DUI breath test once you are lawfully arrested for DUI.

Traditionally, California’s “implied consent law” applied to DUI blood tests as well as to breath tests. But the Supreme Court of the United States has suggested that defendants may not be penalized for refusing to take blood tests in cases where the police have not obtained a warrant.

The following chart clarifies the additional penalties that will accompany a DUI conviction if you refuse to take a DUI breath test.

Number of Prior DUIs in the Past 10 YearsAdditional Jail Time for Refusing a Breath TestLicense Suspension/Revocation for Chemical Test Refusal
048 extra hours in jail; six extra months of required DUI school1-year license suspension
196 extra hours in jail2-year license revocation
210 extra days in jail3-year license revocation
3 or more18 extra days in jail3-year license revocation
Number of Prior DUIs in the Past 10 YearsPenalties for Refusing a Breath Test
048 extra hours in jail; six extra months of required DUI school; 1-year driver’s license suspension
196 extra hours in jail; 2-year driver’s license revocation
210 extra days in jail; 3-year driver’s license revocation
3 or more18 extra days in jail; 3-year driver’s license revocation

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Aldon Smith 21SM014538A a “Those Who Matter” case was in SMC Superior Court Yesterday.

By Michael G. Stogner

Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.

Aldon Smith’s BAC was .288 according to SJMN reporter Michael Nowels. It should be noted we don’t know how many hours passed since he crashed and the test was finally taken.

The Hon. Judge Stephanie Garratt was supposed to hear the case that was on calendar for 9:00 AM

Defense Attorney Joshua Bentley was supposed to appear either in person or on ZOOM.

Defendant Aldon Smith was supposed to appear.

That’s all I can report at this moment, the Court Clerk has not entered the results into the Odyssey Portal Data Base yet. He or she was able to enter the results of other cases in that courtroom yesterday.

If the Public Access by Telephone had not been discontinued on November 22, 2021, I would have been able to report the results yesterday morning.

Update: 12:05 PM 1/05/2022

The DDA was Heather Marie Finlayson #289930, and Defense Attorney Joshua Bentley appeared in person on behalf of his client who appeared via Zoom.

The matter did not proceed to an evidentiary hearing.

Time was not waived, and the matter was continued until 1/26/22 at 2:00 P.M. because of an unavailable witness. The defendant remains on bail, and was ordered to return.

He was also ordered to wear a SCRAM alcohol monitoring device.  

In 2018 Mr. Smith was wearing a SCRAM alcohol monitoring device when he was arrested for another DUI with a BAC of .40 FIVE times the legal limit.

Next Court date: Preliminary Hearing January 26, 2022 @ 2 P.M.

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Aldon Smith, x49er, xRaider, xSeahawks, xDallas Cowboy, in San Mateo County Court Today.

By Michael G. Stogner

21-SM-014538-A

Aldon Smith needs HELP not Enablers.

TMZ Sports was first to report his December 6, 2021 arrest by the CHP in Redwood City,

Details surrounding the arrest are unclear.” Welcome to San Mateo County, That is the first of many RED FLAGS.

Aldon Smith might have been kicked off of several NFL TEAMS but he is on the “Those Who Matter” TEAM, in SMC. That is the Last Thing he needs.

His Defense Attorney Joshua Bentley is most likely on his cell phone speed dial. Sheriff Carlos G. Bolanos and District Attorney Steve Wagstaffe numbers are on Joshua Bentley’s speed dial.

TMZ reported “Details surrounding the arrest are unclear.” How is that possible in 2021. What could be unclear about an arrest that takes place around 2:30 PM and Booked in jail at 7:38 PM. Where was Aldon Smith for those 5 hours?

What date and time did San Mateo County Sheriff Carlos G. Bolanos provide the 760,000 residents with a Press/News Release of Aldon Smith’s ARREST for DUI BAC .288 which is over 3 times the legal limit? Sheriff Bolanos Never did provide that information, WHY?

In 2018 Aldon Smith was arrested for DUI with a BAC of .40 which is 5 times the legal limit, and that happened with him wearing a SCRAM device.

Why did San Mateo County District Attorney Steve Wagstaffe file this FELONY criminal case as a Misdemeanor? 21-SM-014538-A The People of the State of California vs. Aldon Jacarus Ramon Smith

The “Those Who Matter” TEAM also includes Superior Court of California County of San Mateo Judges.

November 22, 2021 the Court Public Access Telephone Service has been discontinued. The SMC Judges Invite you to attend in PERSON. I recommend any member of the public who is considering going into the 400 County Center Building, in Redwood City, California, First Google the word PANDEMIC.

This case is being heard at 9:00 AM in Courtroom 8B by the Hon. Judge Stephanie Garratt.

Hon. Judge Stephanie Garratt is the Judge that on July 2, 2018 GRANTED the San Mateo County District Attorney Office MOTION to DISMISS the ENTIRE Zainali Jaffer criminal case AFTER it had already had a Preliminary Hearing and evidence and testimony was heard and ALL CHARGES were approved.

Don’t expect this Felony Criminal Case to go much different, than the Sheriff Sergeant Lou Aquino DUI case, the Zainali Jaffer Criminal Case, or the San Mateo County Sheriff Activities League (SAL) Embezzlement & Money Laundering Criminal Case with Barbara Bonilla being the only person charged when there were others.

I’ll post update as soon as I get it.

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X 49er Aldon Smith BAC was reported to be .288

By Michael G. Stogner

21-SM-014538-A

This is a “Those who Matter” case, San Mateo County Sheriff Carlos G. Bolanos provided NO BOOKING PHOTO or PRESS/NEWS RELEASE of the arrest. Why?

That is the first Tell. The 2nd Tell is Defense Attorney Josh Bentley, The 3rd Tell District Attorney Steve Wagstaffe filed this case as a Misdemeanor 21-SM instead of a 21-SF which is a FELONY.

Smith declined a field sobriety test but later took a blood test that showed a blood-alcohol content of .288 percent, District Attorney Stephen Wagstaffe confirmed Thursday. Smith spent the night in jail. (source San Jose Mercury News Michael Nowels)

By declining a sobriety test at the scene, you forfeit California Drivers License for 1 year, unless you are one of the “Those Who Matter” TEAM.

If he was a BAC of .288 why is he charged with a 0.08?

San Mateo County has a First Chance DUI program for 1st time offenders. To my knowledge it does not have a 4th or 5th Chance DUI Program.

San Mateo County does have Defense Attorney Josh Bentley, Watch this case, it is going to be exciting.

TMZ was the first to report the arrest on December 6, 2021.

When I say watch this case, I mean show up to Court IN PERSON. A reasonable thinking person would know that there is a COVID-19 Pandemic in San Mateo County at this time. Listening by phone to the Court Hearings would be a lot safer you would think. Superior Court of California County of San Mateo Presiding Judge Leland Davis III thinks just the opposite. He cancelled Public Access by Telephone on November 22, 2021.

If you do attend the next Court date don’t be surprised if Aldon Smith and Josh Bentley appear remotely for safety reasons. Who would blame them. Stay Safe

Next court date January 4, 2022

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Aldon Smith arrested for DUI a 5th time. Sheriff Bolanos where is Booking Photo and Press Release?

By Michael G. Stogner

Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.

Update: San Jose Mercury News reporter Michael Nowels, Aldon Smith BAC was .288

21-SM-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith 


Party

Defendant
Smith, Aldon Jacarus Ramon

DOB 
XX/XX/XXXX
 Active Attorneys 

Lead Attorney BENTLEY, JOSHUA M. Retained


Charge

Charges 
Smith, Aldon Jacarus Ramon

 DescriptionStatuteLevelDate
001VC23153(a)-FEL-Driving Under The Influence Of An Alcoholic Beverage Causing Injury23153(a)Felony12/06/2021
002VC23153(b)-FEL-Driving With A .08% Blood Alcohol Content Causing Injury23153(b)Felony12/06/2021
002VC23578-ENH-Special Allegation-Excess Blood Alcohol23578Enhancement12/06/2021
002VC23550-PR-Prior – Driving Under the Influence within Ten Years of Three other Dui Violations23550Prior12/06/2021
003VC23222(a)-INF-Possession of Open Container While Driving23222(a)Infraction12/06/2021
004VC23222(b)(1)-INF-Possession Of Marijuana In Open Container While Driving23222(b)(1)Infraction12/06/2021
Bond TypeBond NumberBond AmountCurrent Bond Status
Surety BondU50-21225449$50,000.00Posted

Disposition Events

12/21/2021 Plea
Judicial Officer 
Dunleavy, Kevin E.

001VC23153(a)-FEL-Driving Under The Influence Of An Alcoholic Beverage Causing InjuryNot Guilty
002VC23153(b)-FEL-Driving With A .08% Blood Alcohol Content Causing InjuryNot Guilty
002VC23578-ENH-Special Allegation-Excess Blood AlcoholDeny
003VC23222(a)-INF-Possession of Open Container While DrivingNot Guilty
004VC23222(b)(1)-INF-Possession Of Marijuana In Open Container While DrivingNot Guilty
002VC23550-PR-Prior – Driving Under the Influence within Ten Years of Three other Dui ViolationsDeny
  • Next Court Date 01/04/2022 Preliminary Hearing 9:00 AM

Aldon Smith was arrested on Farm Hill Blvd, Redwood City on December 6, 2021 by the CHP for DUI causing personal injury, he was involved in a 2 vehicle accident at 2:17 PM. He refused a breath/blood test. By refusing to provide Breath/Blood samples, Those of Us who don’t Matter lose our California Drivers License for a period of 1 year. Not sure what if anything happened to his Drivers License.

He was booked into Maquire Correctional Facilities at 7:38 PM. Where was he for 5 hours and 21 minutes?

According to District Attorney Steve Wagstaffe, He later provided a blood sample and tested .2 blood alcohol level. How much later? What time was this test taken? Had he already contacted his defense attorney Josh Bentley by then?

The San Mateo County Sheriff’s Office has NO Press Release or News Release of his arrest. Why?

San Mateo County Sheriff’s Press Releases

According to SF Chronicle reporter Ann Killion, Aldon Smith has been arrested FIVE TIMES for DUI.

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