Mazi Smith hearing is complete, minor consequences issued

Submitted by Denard In Space on December 1st, 2022 at 2:12 PM

Ace reported on the public hearing for Mazi Smith. The takeaway is: 

  • He was in the process of obtaining concealed carry permit, now has it
  • Can travel out of the state only with team for team activities
  • Subject to drug testing
  • Out on a personal recognizance bond
  • Not considered a flight risk or danger to community

 

Here is a link to the thread, I'm not gonna bother trying to embed: 
https://twitter.com/AceAnbender/status/1598391865346326539?s=20&t=_cLgR-vQh3LMqfva9I601g

Also let's refrain from commenting on Ace's politics or personality, this is just an informational thread in which he  happened to be the reporter.  

Decatur Jack

December 2nd, 2022 at 1:15 AM ^

Copy-and-pasted from Ace's twitter thread:

smith was in the process of attaining his concealed license when he was pulled over, and he has since received it, according to his attorney

defense requests that smith be allowed to travel out of state to continue his participation with the football team. judge fink allows it.

he's only allowed to travel outside the state with the team and must return with the team. he can't leave for other reasons under the conditions of his bond.

the judge says smith will be granted a personal recognizance bond. he's subject to drug testing, can't carry firearms, and can't leave the state except for the reasons stated earlier. he's not considered a flight risk or a danger to the community.

his next hearing will be over zoom on december 8th. the hearing is over.

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goblu330

December 1st, 2022 at 2:18 PM ^

I do not understand what is happening.  I want the best for Mazi Smith, I want him to play in every game and go on to have a great pro career.  But I don't understand what is taking place. 

How can he obtain a concealed carry permit while he is literally being charged with a felony for carrying a weapon without a permit?  And if all it was is a timing technicality, why are charges even being brought at all, and felony charges at that?  

And all this happened in a day?  This is completely bizarre.

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UMfan21

December 1st, 2022 at 2:22 PM ^

It is weird.  Is anyone familiar with the CCW permit process?

Is it possible this took 2 months because the prosecutors had to wait for the CCW governing entity to decide whether he would be granted his permit or not?  I would assume CCW permits are at the federal level and may present delays?

Does seem weird why they charged with a felony though.

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mitchewr

December 1st, 2022 at 9:11 PM ^

Well State law here in Michigan says that after 45 days your receipt automatically becomes your license if you haven’t gotten the actual CPL in the mail yet and you haven’t been rejected. So even if local boards are dragging their feet, you only ever have to wait a max of 45 days

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gbdub

December 1st, 2022 at 2:28 PM ^

He apparently applied for, and completed all the requirements for, a CCW permit prior to the incident. But he was within a 45 day waiting period between completing all of that and officially being legal to exercise the privileges of that license. 

(and given how strict the definition of "concealed carry" within the context of a motor vehicle is, it's entirely possible that he was not even intending to conceal the weapon)

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Yabadabablue

December 1st, 2022 at 2:46 PM ^

I just got my permit (Washtenaw County) so here is my experience. You take the class, take your certificate to the county clerks office along with your application. You turn in the paperwork, pay the fee and get fingerprinted and are given a temporary license (piece of paper) and the permit is sent in mail.

I don't understand why he would carry without a temporary permit. He should also know you can not conceal carry without a permit on you - it is illegal to do so without. you also must tell the officer you are carrying with a permit. they make this clear in the class. there is zero reason somebody should be carrying in a car without a permit. 

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TexasMaizeNBlue

December 1st, 2022 at 11:00 PM ^

Good thing to know if I'm a car jacking victim here in TX, I simply reach into my glove box for my protection and have a half ass attempt to defend both myself and my property.

Without a "45 day wait" to obviously determine I'm a law abiding citizen,  that simply wants to operate within my constitutional right.  

 

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TK

December 1st, 2022 at 2:30 PM ^

The felony was that he had the gun in the vehicle before the 45 days were up. Now he has the permit. He “jumped the gun” no pun intended. 
 

But there’s also some discretion in the law so he’s going to get a little reprimand and move on. If he had never taken the classes and applied for one, it’s a different story. 

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Midukman

December 2nd, 2022 at 5:28 AM ^

I’m not a lawyer, but my ex brother in law is a Philadelphia, jail house attorney. He received all his experience from multiple incarcerations and i’d trust the guy to get me off of a charge in a heartbeat lol. This seems like a case that would be dismissed or a very minor misdemeanor at best. It’s not like the guy had an AK on his front seat. He had what was probably a sidearm with the clip in it and had went through all the hoops to carry it but just didn’t have the final “ok” from the state. There’s bigger fish to fry than a kid who was trying to do the right thing but had a brain fart. 

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drjaws

December 1st, 2022 at 2:31 PM ^

he filed all the paperwork to obtain the permit before the incident

didn't have his permit yet but had gun in car (he likes target shooting)

permit has since been provided to Mazi

prosecutors office reviewed all the information and decided to charge him 2 months after the fact (pretty standard when you're not detained at the scene)

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