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Not good news for Vick (1 Viewer)

COOL!

Let him do his 21 months in Federal Prison, get out but immediately be arraigned for trial in State Court, found guilty of all State charges & hopefully get the maximum sentence.

Good riddance to bad rubbish.

 
Commonwealth’s Attorney Gerald Poindexter says it’s not worth the expense for Surry County to get the men from prisons in different states for trial and escort them back later.

The expense? They don't want to pay for transportation? That state is a joke.

 
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"Will be delayed"? Good one. It's like saying an offense that takes a knee on first down is delaying the action. Trust me, Poindexter will also be taking a knee after Vick is released, he just won't say that until he has to. That's the most f'd up prosecutors office I've ever read about. It's damn near fictional.

 
Commonwealth’s Attorney Gerald Poindexter says it’s not worth the expense for Surry County to get the men from prisons in different states for trial and escort them back later.The expense? They don't want to pay for transportation? That state is a joke.
Please. Virginia is one of the harshest states as far as crime goes. But a lot of state counties (everywhere) are strapped for cash right now. And if they aren't right now, just wait 6-12 months.In addition to the cost savings, I suspect what they're doing by waiting until he's released they can make sure that the subsequent trial (and presumably conviction) won't be concurrent.
 
In addition to the cost savings, I suspect what they're doing by waiting until he's released they can make sure that the subsequent trial (and presumably conviction) won't be concurrent.
Sorry, you are thinking like a normal person, not the way Surry county prosecutor Poindexter thinks. He hasn't wanted to prosecute Vick since day 1. He's recently fired an assistant who went on the record that Poindexter did not view the Vick thing as a big deal, which is why the assistant chose to get the fed involved in the investigation, prompting the fed to take action. When the fed got Vick to admit to everything, Poindexter had every opportunity to get Vick indicted for crimes he could prosecute under Georgia Virginia law. For example, he had a chance to get a grand jury to indict for the killing of animals, which had not been prosecuted under federal law. Instead, despite Vicks confessed involvement in the killing of unfit dogs, and the discovery of dog corpses, he got an indictment for the same animal cruelty charges which had been brought by the fed, and which Vick copped to. Poindexter has already acknowledged publically the result is these Georgia Virginia charges will be thrown out eventually under a Georgia Virginia law which prohibits state prosecution for a crime already tried under federal law. Avoiding concurrent sentencing is the last thing on Poindexter's mind. Once Vick is out of his federal sentence, he has absolutely nothing to worry about from Surry county.ETA correct state.

 
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Isn't Vick alreeady getting his due justice? Enough piling on already. No, I dont condone the activities at all, but the guy is going to do near 2 years in the Fed Pen and I don't see others in his situation doing any more than that.

Am I mistaken or are people just looking for their pound of flesh here?

 
In addition to the cost savings, I suspect what they're doing by waiting until he's released they can make sure that the subsequent trial (and presumably conviction) won't be concurrent.
Sorry, you are thinking like a normal person, not the way Surry county prosecutor Poindexter thinks. He hasn't wanted to prosecute Vick since day 1. He's recently fired an assistant who went on the record that Poindexter did not view the Vick thing as a big deal, which is why the assistant chose to get the fed involved in the investigation, prompting the fed to take action. When the fed got Vick to admit to everything, Poindexter had every opportunity to get Vick indicted for crimes he could prosecute under Georgia law. For example, he had a chance to get a grand jury to indict for the killing of animals, which had not been prosecuted under federal law. Instead, despite Vicks confessed involvement in the killing of unfit dogs, and the discovery of dog corpses, he got an indictment for the same animal cruelty charges which had been brought by the fed, and which Vick copped to. Poindexter has already acknowledged publically the result is these Georgia charges will be thrown out eventually under a Georgia law which prohibits state prosecution for a crime already tried under federal law. Avoiding concurrent sentencing is the last thing on Poindexter's mind. Once Vick is out of his federal sentence, he has absolutely nothing to worry about from Surry county.
:shock: Surry county is in Virginia, not Georgia :unsure:
 
In addition to the cost savings, I suspect what they're doing by waiting until he's released they can make sure that the subsequent trial (and presumably conviction) won't be concurrent.
Sorry, you are thinking like a normal person, not the way Surry county prosecutor Poindexter thinks. He hasn't wanted to prosecute Vick since day 1. He's recently fired an assistant who went on the record that Poindexter did not view the Vick thing as a big deal, which is why the assistant chose to get the fed involved in the investigation, prompting the fed to take action. When the fed got Vick to admit to everything, Poindexter had every opportunity to get Vick indicted for crimes he could prosecute under Georgia Virginia law. For example, he had a chance to get a grand jury to indict for the killing of animals, which had not been prosecuted under federal law. Instead, despite Vicks confessed involvement in the killing of unfit dogs, and the discovery of dog corpses, he got an indictment for the same animal cruelty charges which had been brought by the fed, and which Vick copped to. Poindexter has already acknowledged publically the result is these Georgia Virginia charges will be thrown out eventually under a Georgia Virginia law which prohibits state prosecution for a crime already tried under federal law. Avoiding concurrent sentencing is the last thing on Poindexter's mind. Once Vick is out of his federal sentence, he has absolutely nothing to worry about from Surry county.
:lmao: Surry county is in Virginia, not Georgia :unsure:
Ok, well that was a mistake. I was thinking Georgia based on Atlanta, but I agree that was wrong since his house was in Virgina. Please see revised as substantively the rest is accurate.
 
In addition to the cost savings, I suspect what they're doing by waiting until he's released they can make sure that the subsequent trial (and presumably conviction) won't be concurrent.
Sorry, you are thinking like a normal person, not the way Surry county prosecutor Poindexter thinks. He hasn't wanted to prosecute Vick since day 1. He's recently fired an assistant who went on the record that Poindexter did not view the Vick thing as a big deal, which is why the assistant chose to get the fed involved in the investigation, prompting the fed to take action. When the fed got Vick to admit to everything, Poindexter had every opportunity to get Vick indicted for crimes he could prosecute under Georgia Virginia law. For example, he had a chance to get a grand jury to indict for the killing of animals, which had not been prosecuted under federal law. Instead, despite Vicks confessed involvement in the killing of unfit dogs, and the discovery of dog corpses, he got an indictment for the same animal cruelty charges which had been brought by the fed, and which Vick copped to. Poindexter has already acknowledged publically the result is these Georgia Virginia charges will be thrown out eventually under a Georgia Virginia law which prohibits state prosecution for a crime already tried under federal law. Avoiding concurrent sentencing is the last thing on Poindexter's mind. Once Vick is out of his federal sentence, he has absolutely nothing to worry about from Surry county.
:lmao: Surry county is in Virginia, not Georgia :unsure:
Ok, well that was a mistake. I was thinking Georgia based on Atlanta, but I agree that was wrong since his house was in Virgina. Please see revised as substantively the rest is accurate.
If saving money is the main objective, then they will plea bargain with Vick, and give him a suspended sentence. No trial, no expense, and the prosecutor will look like he did something about it.
 
Isn't Vick alreeady getting his due justice? Enough piling on already. No, I dont condone the activities at all, but the guy is going to do near 2 years in the Fed Pen and I don't see others in his situation doing any more than that.Am I mistaken or are people just looking for their pound of flesh here?
That depends. First off, I think your 2-year timeframe is off. As I recall, Vick is getting a big reduction under some screwy pot smoker relief rule, where he can get up to 1-year of early release - an absolute crock IMHO since his offense had zero to do with drug addiction. You may personally feel that 1-year is sufficient penalty for leading a dog fighting enterprise, I know a lot of people who think it is way less than he deserves. Also consider that the federal offenses did not include the killing of animals, as that crime is regulated under state law. That said, the fed did get Vick to allocute to participation in killing of animals even though it was not an element of the crime they were charging. Presumably they did that to establish a record using which state officials could prosecute for that offense, but as mentioned Poindexter absolutely refuses to do that.
 
In addition to the cost savings, I suspect what they're doing by waiting until he's released they can make sure that the subsequent trial (and presumably conviction) won't be concurrent.
Sorry, you are thinking like a normal person, not the way Surry county prosecutor Poindexter thinks. He hasn't wanted to prosecute Vick since day 1. He's recently fired an assistant who went on the record that Poindexter did not view the Vick thing as a big deal, which is why the assistant chose to get the fed involved in the investigation, prompting the fed to take action. When the fed got Vick to admit to everything, Poindexter had every opportunity to get Vick indicted for crimes he could prosecute under Georgia Virginia law. For example, he had a chance to get a grand jury to indict for the killing of animals, which had not been prosecuted under federal law. Instead, despite Vicks confessed involvement in the killing of unfit dogs, and the discovery of dog corpses, he got an indictment for the same animal cruelty charges which had been brought by the fed, and which Vick copped to. Poindexter has already acknowledged publically the result is these Georgia Virginia charges will be thrown out eventually under a Georgia Virginia law which prohibits state prosecution for a crime already tried under federal law. Avoiding concurrent sentencing is the last thing on Poindexter's mind. Once Vick is out of his federal sentence, he has absolutely nothing to worry about from Surry county.
:( Surry county is in Virginia, not Georgia :nerd:
Ok, well that was a mistake. I was thinking Georgia based on Atlanta, but I agree that was wrong since his house was in Virgina. Please see revised as substantively the rest is accurate.
If saving money is the main objective, then they will plea bargain with Vick, and give him a suspended sentence. No trial, no expense, and the prosecutor will look like he did something about it.
Saving money is not the objective. Not prosecuting Vick is the only objective. Again, the indictment will be tossed upon the filing of a dismissal brief, and everyone knows that, including the prosecutor.
 
:X It doesn't make sense that he would get tried and convicted in Federal court only to face charges after release from prison for essentially the same crimes (not new crimes).

I think Vick's sentence may have been a bit light considering all of the things involved (illegal interstate gambling rings, etc.) but his sentance is his sentance and there is no justification for another trial (unless it were for NEW crimes untried before). Even if it were for new crimes...to delay trial simply for the conveniance of not transferring him, and to prevent concurrent service of jail time, is just plain wrong....and I have been firmly in the anti-Vick group from the beginning.

 
:confused: It doesn't make sense that he would get tried and convicted in Federal court only to face charges after release from prison for essentially the same crimes (not new crimes).

I think Vick's sentence may have been a bit light considering all of the things involved (illegal interstate gambling rings, etc.) but his sentance is his sentance and there is no justification for another trial (unless it were for NEW crimes untried before). Even if it were for new crimes...to delay trial simply for the conveniance of not transferring him, and to prevent concurrent service of jail time, is just plain wrong....and I have been firmly in the anti-Vick group from the beginning.
I highly doubt he will be tried again.I thought i remember the lawyers on the board stating that the Fed will basically tell the state to not pursue charges and that this is normal procedure.

Vick has done his time, whether or not some on the board disagree with that is irrelevant. The Federal Court system gave him what they thought was fair punishment.

 
The Federal Court system gave him what they thought was fair punishment for crimes the Fed was authorized to prosecute under federal law.
FixedI totally disagree to your comment that the Fed was opposed to state prosecutors filing additional charges, or had any agreement on that point. Specifically to the contrary, it made zero sense for the Fed to force Vick to allocute to the killing of animals to support the dog fighting federal crime; the killing of dogs is not even an element of that crime. If anything, the opposite is true: the Fed forced Vick to create evidence of the state crime in order to get a good deal on the federal crimes. Further, the reality is the only reason the fed got involved at all was because Poindexter was doing press releases saying he would not file state charges until he had more evidence, and welcomed the Fed to intervene. I don't believe anyone involved thinks Poindexter will every file state charges he believes will stick.

 
Zoomanji said:
Koya said:
Isn't Vick alreeady getting his due justice?
Noyou don't own a dog do you?
C'mon. I own and love 3 dogs. I hate Vick. And I still think a 2-year federal sentence + a potential state sentence is a little over the top.
How about a 1 year federal sentence and no State charges? Far more likely that will be the result since he was fortunate enough to be a pot smoker in addition to a dog strangler.
 
Zoomanji said:
Koya said:
Isn't Vick alreeady getting his due justice?
Noyou don't own a dog do you?
C'mon. I own and love 3 dogs. I hate Vick. And I still think a 2-year federal sentence + a potential state sentence is a little over the top.
Plus, don't forget he will have lost or forfeited tens of millions of dollars in past and future salary and endorsements, and probably lost his career.I love dogs and despise what Vick did. I'm okay with it if he serves state time too, but also okay with it if he doesn't, given the heavy price he will have paid either way.
 
bcr8f said:
Commonwealth’s Attorney Gerald Poindexter says it’s not worth the expense for Surry County to get the men from prisons in different states for trial and escort them back later.The expense? They don't want to pay for transportation? That state is a joke.
If I lived there, that's exactly one of the issues I'd want them to take into consideration in prosecuting him. He's going nowhere while in prison, why waste tax dollars when you have to do so?
 
Koya said:
Isn't Vick alreeady getting his due justice? Enough piling on already. No, I dont condone the activities at all, but the guy is going to do near 2 years in the Fed Pen and I don't see others in his situation doing any more than that.Am I mistaken or are people just looking for their pound of flesh here?
Can't do the time? Don't do the crime.
 
Koya said:
Isn't Vick alreeady getting his due justice? Enough piling on already. No, I dont condone the activities at all, but the guy is going to do near 2 years in the Fed Pen and I don't see others in his situation doing any more than that.Am I mistaken or are people just looking for their pound of flesh here?
Can't do the time? Don't do the crime.
Ummm, he's doing the time.
 
Koya said:
Isn't Vick alreeady getting his due justice? Enough piling on already. No, I dont condone the activities at all, but the guy is going to do near 2 years in the Fed Pen and I don't see others in his situation doing any more than that.Am I mistaken or are people just looking for their pound of flesh here?
Can't do the time? Don't do the crime.
Ummm, he's doing the time.
Yes, but the game can go into overtime.
 
Zoomanji said:
Koya said:
Isn't Vick alreeady getting his due justice?
Noyou don't own a dog do you?
C'mon. I own and love 3 dogs. I hate Vick. And I still think a 2-year federal sentence + a potential state sentence is a little over the top.
Plus, don't forget he will have lost or forfeited tens of millions of dollars in past and future salary and endorsements, and probably lost his career.I love dogs and despise what Vick did. I'm okay with it if he serves state time too, but also okay with it if he doesn't, given the heavy price he will have paid either way.
This has nothing to do with his punishment. I don't have tens of millions of dollars and don't have an NFL career and I haven't killed any dogs. So by your logic I am entitled to this.
 
Zoomanji said:
Koya said:
Isn't Vick alreeady getting his due justice?
Noyou don't own a dog do you?
Right now? No. Why? Because I LOVE dogs, and would never subject a dog to living in an apartment - I want my dog to be able to run and enjoy a happy and fulfilled life.Grew up with dogs, never had less than two. Love Dogs.But enough is enough. Go beat your wife and get off with a lot lighter sentence than Vick got... its over the top already and people are using a combination of jealousy and schaudenfraude to rejoice in his extended pain. The guy already ruined his life, ruined his career and will spend 2 years in federal prison. Justice is not meant to exact revenge and supply you with your needed joy from other's fall from grace.
 
Zoomanji said:
Koya said:
Isn't Vick alreeady getting his due justice?
Noyou don't own a dog do you?
Right now? No. Why? Because I LOVE dogs, and would never subject a dog to living in an apartment - I want my dog to be able to run and enjoy a happy and fulfilled life.Grew up with dogs, never had less than two. Love Dogs.But enough is enough. Go beat your wife and get off with a lot lighter sentence than Vick got... its over the top already and people are using a combination of jealousy and schaudenfraude to rejoice in his extended pain. The guy already ruined his life, ruined his career and will spend 2 years in federal prison. Justice is not meant to exact revenge and supply you with your needed joy from other's fall from grace.
keep in mind that were on a message board where > 50% of the people would save their dog over another human. Most on here value a dog's life over a humans.
 
Zoomanji said:
Koya said:
Isn't Vick alreeady getting his due justice?
Noyou don't own a dog do you?
C'mon. I own and love 3 dogs. I hate Vick. And I still think a 2-year federal sentence + a potential state sentence is a little over the top.
Plus, don't forget he will have lost or forfeited tens of millions of dollars in past and future salary and endorsements, and probably lost his career.I love dogs and despise what Vick did. I'm okay with it if he serves state time too, but also okay with it if he doesn't, given the heavy price he will have paid either way.
This has nothing to do with his punishment. I don't have tens of millions of dollars and don't have an NFL career and I haven't killed any dogs. So by your logic I am entitled to this.
It isn't part of his official punishment from the legal system, but it most certainly does have to do with his punishment - if not for his conviction and prison sentence, he may not have lost his contract, endorsements, and playing career.As for your bolded statement, it is a faulty conclusion.

That said, I am by no means a Vick defender, and I am not interested in arguing about it. My only point was that he will have suffered severely for his actions, regardless of whether or not he gets tried and convicted by the state.

 
Zoomanji said:
Koya said:
Isn't Vick alreeady getting his due justice?
Noyou don't own a dog do you?
C'mon. I own and love 3 dogs. I hate Vick. And I still think a 2-year federal sentence + a potential state sentence is a little over the top.
Plus, don't forget he will have lost or forfeited tens of millions of dollars in past and future salary and endorsements, and probably lost his career.I love dogs and despise what Vick did. I'm okay with it if he serves state time too, but also okay with it if he doesn't, given the heavy price he will have paid either way.
This has nothing to do with his punishment. I don't have tens of millions of dollars and don't have an NFL career and I haven't killed any dogs. So by your logic I am entitled to this.
It isn't part of his official punishment from the legal system, but it most certainly does have to do with his punishment - if not for his conviction and prison sentence, he may not have lost his contract, endorsements, and playing career.As for your bolded statement, it is a faulty conclusion.

That said, I am by no means a Vick defender, and I am not interested in arguing about it. My only point was that he will have suffered severely for his actions, regardless of whether or not he gets tried and convicted by the state.
Your assessment is fair, I can’t disagree with that.

 
Zoomanji said:
Koya said:
Isn't Vick alreeady getting his due justice?
Noyou don't own a dog do you?
C'mon. I own and love 3 dogs. I hate Vick. And I still think a 2-year federal sentence + a potential state sentence is a little over the top.
Plus, don't forget he will have lost or forfeited tens of millions of dollars in past and future salary and endorsements, and probably lost his career.I love dogs and despise what Vick did. I'm okay with it if he serves state time too, but also okay with it if he doesn't, given the heavy price he will have paid either way.
This has nothing to do with his punishment. I don't have tens of millions of dollars and don't have an NFL career and I haven't killed any dogs. So by your logic I am entitled to this.
It isn't part of his official punishment from the legal system, but it most certainly does have to do with his punishment - if not for his conviction and prison sentence, he may not have lost his contract, endorsements, and playing career.As for your bolded statement, it is a faulty conclusion.

That said, I am by no means a Vick defender, and I am not interested in arguing about it. My only point was that he will have suffered severely for his actions, regardless of whether or not he gets tried and convicted by the state.
I agree with this last statement completely. The man will have served over a year in federal jail, lost almost all of his net worth, and faced some of the most prolific public scrutiny this side of Bill Clinton. The objective of the legal system should be to punish and rehabilitate the offender. I don't think it will take an additional year in state to make the message clear to Vick.Yes, I have had dogs my whole life. Diesel prices being so expensive these days, they are actually outside pulling the tiller and bushhog around my ranch to help shoulder the load. They realize they have to do their part.

 
Zoomanji said:
Koya said:
Isn't Vick alreeady getting his due justice?
Noyou don't own a dog do you?
C'mon. I own and love 3 dogs. I hate Vick. And I still think a 2-year federal sentence + a potential state sentence is a little over the top.
Plus, don't forget he will have lost or forfeited tens of millions of dollars in past and future salary and endorsements, and probably lost his career.I love dogs and despise what Vick did. I'm okay with it if he serves state time too, but also okay with it if he doesn't, given the heavy price he will have paid either way.
This has nothing to do with his punishment. I don't have tens of millions of dollars and don't have an NFL career and I haven't killed any dogs. So by your logic I am entitled to this.
Actually...it has a lot to do with it. If Joe Blow did the same things, and got the same legal punishments, he wouldn't have lost 20-40 million dollars as a result. Just because Joe Blow didn't have that money doesn't mean we shouldn't take this into account. Michael Vick has already more then paid for his (known) crimes.And FTR, I can't stand him.

 
Zoomanji said:
Koya said:
Isn't Vick alreeady getting his due justice?
Noyou don't own a dog do you?
C'mon. I own and love 3 dogs. I hate Vick. And I still think a 2-year federal sentence + a potential state sentence is a little over the top.
Plus, don't forget he will have lost or forfeited tens of millions of dollars in past and future salary and endorsements, and probably lost his career.I love dogs and despise what Vick did. I'm okay with it if he serves state time too, but also okay with it if he doesn't, given the heavy price he will have paid either way.
This has nothing to do with his punishment. I don't have tens of millions of dollars and don't have an NFL career and I haven't killed any dogs. So by your logic I am entitled to this.
Actually...it has a lot to do with it. If Joe Blow did the same things, and got the same legal punishments, he wouldn't have lost 20-40 million dollars as a result. Just because Joe Blow didn't have that money doesn't mean we shouldn't take this into account. Michael Vick has already more then paid for his (known) crimes.And FTR, I can't stand him.
I'm with Phurfur. That Mike Vick had more business/financial opportunities at stake when he broke state and federal laws doesn't mean a thing to me. I don't think state prosecutors should consider his lost wealth when deciding whether to enforce state criminal laws, and I don't think federal prosecutors should consider his lost weath when determining a sentence recommendation for federal laws. The only distinction I see is that his lost wealth makes Mike Vick much, much dumber than poor people who risk getting caught doing similar criminal acts.
 
Koya said:
Isn't Vick alreeady getting his due justice? Enough piling on already. No, I dont condone the activities at all, but the guy is going to do near 2 years in the Fed Pen and I don't see others in his situation doing any more than that.Am I mistaken or are people just looking for their pound of flesh here?
Can't do the time? Don't do the crime.
Ummm, he's doing the time.
Not on the state charges.
 
Zoomanji said:
Koya said:
Isn't Vick alreeady getting his due justice?
Noyou don't own a dog do you?
Right now? No. Why? Because I LOVE dogs, and would never subject a dog to living in an apartment - I want my dog to be able to run and enjoy a happy and fulfilled life.Grew up with dogs, never had less than two. Love Dogs.But enough is enough. Go beat your wife and get off with a lot lighter sentence than Vick got... its over the top already and people are using a combination of jealousy and schaudenfraude to rejoice in his extended pain. The guy already ruined his life, ruined his career and will spend 2 years in federal prison. Justice is not meant to exact revenge and supply you with your needed joy from other's fall from grace.
keep in mind that were on a message board where > 50% of the people would save their dog over another human. Most on here value a dog's life over a humans.
Most of the dogs I know add more value to society than most people.
 
Koya said:
Isn't Vick alreeady getting his due justice?
He will serve 18-24 months in prison, lose millions in income and anywhere from 3 years to his entire career. I'd say what is happening to him has already passed what is considered due justice. Any more is just piling on.
 
Koya said:
Isn't Vick alreeady getting his due justice?
He will serve 18-24 months in prison, lose millions in income and anywhere from 3 years to his entire career. I'd say what is happening to him has already passed what is considered due justice. Any more is just piling on.
Running up the score is a tried and true American tradition. :thumbup:
 
The warden at the federal prison Vick is at owns a pit bull name Reality. The warden decided to make Vick Reality's girlfriend. Vick has no choice but to take every inch of what Reality decides to give him.

 
Andy Herron said:
lod01 said:
Vick who????
No kidding.The guy never was and never will be.
He made 3 pro bowls working with a collection of turd at WR,, was one of the biggest fan attractions in the game and while I don't know what is winning percentage is I'd bet the Falcons were a lot better than before he got there and a lot better than they are right now. To say he was a never was is just inaccurate.
 
Andy Herron said:
lod01 said:
Vick who????
No kidding.The guy never was and never will be.
He made 3 pro bowls working with a collection of turd at WR,, was one of the biggest fan attractions in the game and while I don't know what is winning percentage is I'd bet the Falcons were a lot better than before he got there and a lot better than they are right now. To say he was a never was is just inaccurate.
I understand the reasoning, but believe the Falcons will wind up better off without him.
 
I'm a Virginia lawyer, but I have to admit I don't have a lot of the details I'd really need about this case. With that said, I have a few things I'd like to react to:

1) Why expend the effort and the money (and I am led to believe the effort is more substantial than the cost would be) to have a trial now when it should be as simple as the Commonwealth informing the feds to drop Vick off after his federal time? We don't know in detail what the Commonwealth's case will be, but we know what Vick has admitted to. I don't really see the Commonwealth damaging their own case by doing it this way, and I don't think Vick is really prejudiced in any way by this arrangement. If he gets Virginia time, he's not going to get to serve his state time concurrently with his federal time. In the end, x + y = z no matter when you add y to x.

2) The Commonwealth's Attorney is an elected official in Virginia, and the Surry County Commonwealth's Attorney (Gerald Poindexter) fared poorly against a write in candidate last year due to the Vick controversy. If I understand the facts right, the write in candidate wasn't even a resident of the County until this issue came up. He then established a residence and mounted a write in protest campaign, having missed the deadline to get on the ballot. I'm actually somewhat familiar with the candidate (Ed Vaughn, former Commonwealth's Attorney for Hanover County), and I have to say that I can imagine stronger candidates running against Poindexter in 2011 if the community is upset at him. I can see how he might conclude that having a Vick trial in late 2009 or early 2010 would be better for him politically than having one now that is more easily forgotten. Similarly, I can imagine that if he is inclined to drop the charges, he might conclude that he could sneak that by more easily after some additional time has passed.

3) Being prosecuted by the feds is not a bar to state prosecution (and vice versa). That's something that could have possibly been worked out by Vick's attorneys if all parties (fed, state, and he) could come to an agreement, but that apparently didn't happen.

4) I think little is going to come of state prosecution here. I think they'll go ahead with it and will likely end up convicting him. I just don't see him serving a lot of time, though. That would be up to the judge at sentencing, but I'm not sure anybody is actually going to think sending Vick away a second time for much time is going to be appropriate punishment. He did terrible things, but you have to give him a chance to get back out into society sooner or later. The NFL is never going to let him back into the game unless there is a serious change in policy between now and that future date, so I don't think there is much danger of Vick being a serious factor in public life.

 
Disclaimer: Not a lwayer and a little bit of a Vick hater.

With that said, I have to wonder a little whether the state and federal charges, if sentencing is not allowed to be concurrent at all, might not amount to two (or more) penalties for the same behavior.

Suppose a state has a law that say possession of a weapon without a license is punishable by up to 1 year and federal law says possession of a weapon without a license is punishable by up to 2 years. If someone were caught without a license, could they get 3 years?

Now I understand that some of the offenses probably involve different criminal behaviors (e.g., federal law involving crossing state lines) but it seems like giving credit for time served on ferderal charges should be at the discretion of the judge.

 
Disclaimer: Not a lwayer and a little bit of a Vick hater.

With that said, I have to wonder a little whether the state and federal charges, if sentencing is not allowed to be concurrent at all, might not amount to two (or more) penalties for the same behavior.

Suppose a state has a law that say possession of a weapon without a license is punishable by up to 1 year and federal law says possession of a weapon without a license is punishable by up to 2 years. If someone were caught without a license, could they get 3 years?

Now I understand that some of the offenses probably involve different criminal behaviors (e.g., federal law involving crossing state lines) but it seems like giving credit for time served on ferderal charges should be at the discretion of the judge.
The short answer to your question is that would not happen in Virginia under your facts. Virgina has a double jeopardy law which provides:
§ 19.2-294. Offense against two or more statutes or ordinances.

If the same act be a violation of two or more statutes, or of two or more ordinances, or of one or more statutes and also one or more ordinances, conviction under one of such statutes or ordinances shall be a bar to a prosecution or proceeding under the other or others. Furthermore, if the same act be a violation of both a state and a federal statute, a prosecution under the federal statute shall be a bar to a prosecution under the state statute. The provisions of this section shall not apply to any offense involving an act of terrorism as defined in § 18.2-46.4.

For purposes of this section, a prosecution under a federal statute shall be deemed to be commenced once jeopardy has attached.
I've highlighted the words 'same act' because that is where the rubber hits the road. In your example, you are clearly looking at a same act, so state and/or federal trial regarding that act would prevent the other from charging for that act. In the Vick situation, the court will no doubt be asked to decide whether commission of the underlying crime constitutes the 'same act' as the federal 'conspiracy to commit' charges. Technically, conspiracy to commit a crime [planning with others to commit, but not necessarily actually doing so] is different than the commission of the act, which is being charged under state law.
 

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