Aldon Smith charged with three misdemeanors from August arrest

Oakland Raiders linebacker Aldon Smith was charged with three misdemeanors by the Santa Clara County district attorney on Friday relating to an August arrest.

On the same day he signed a one-year contract with the Oakland Raiders, linebacker Aldon Smith was charged with three misdemeanors by the Santa Clara County district attorney on Friday relating to an August arrest.

On Aug. 7, Smith, 25, was arrested on suspicion of hit-and-run, driving under the influence and vandalism. After he was released from jail that day, he told ABC in San Francisco, “Justice will be served, the truth will come out, there’s no DUI.”

The charges filed on Friday include DUI with prior conviction and refusal to submit chemical test, hit-and-run with property damage and vandalism.

The arrest was Smith’s third for drunk driving and his fifth in the past three years. Smith’s arraignment is scheduled for Oct. 6.

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Smith’s eligibility for the Raiders’ season opener on Sunday against the Cincinnati Bengals is in question. ESPN’s Adam Schefter reported Smith is eligible to play and that the Raiders would consider playing him based upon his level of conditioning, but NFL Media’s Ian Rapoport reported the NFL and Santa Clara law enforcement officials were still “sorting out” whether Smith would be suspended.

Smith was entering the final season of his contract with the 49ers before his release. San Francisco had recently restructured his $9.75 million contract.

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Over 50 games with the 49ers, Smith recorded 44 sacks and five forced fumbles. San Francisco drafted him No. 7 in the 2011 NFL draft. He made the Pro Bowl and was a first-team All-Pro selection in 2012.

“We are confident that the Raiders provide an environment where Aldon can thrive through the support, structure and leadership within the building,” general manager Reggie McKenzie said in a team release. “We are excited to have Aldon here in the Raiders family.”

- Mike Fiammetta