The 49ers aren't counting on outside linebacker Aldon Smith to return this season, according to ESPN's Adam Schefter. Smith, the team's 2011 first-round pick, has 38 sacks in 35 career games but he has been plagued by off-field issues.
On Sept. 20, Smith was arrested on suspicion of DUI charges. Two days later, Smith took a voluntary leave of absence to undergo treatment at a rehab facility. Then, two and a half weeks after that, the Santa Clara County District Attorney's office filed three felony charges of possession of an assault weapon against Smith in conjunction with a June 2012 house party in which two people claimed they were shot.