Georgia Criminal Defense Lawyer Blog

This is my last posting on this case unless something extraordinary happens. We have now seen the plea agreement, and it's nothing special. The federal government and Vick agreed to a specific offense level from the federal sentencing guidelines, and the government agreed to recommend the low-end of the sentencing range. Basically, that means the government will be recommending a 12 month sentence, but the guidelines would authorize a sentence of 12 to 18 months. Of course, as the judge told Vick, he could get a lot more time in federal prison. The statutory maximum is 5 years, and the judge previously told the co-defendants that he considers this case to be an aggravated violation of federal criminal law.

I was interviewed on the Atlanta, Georgia National Public Radio affiliate about the case. Here is the story on the possibility of additional state charges:

ATLANTA, GA (2007-08-24) The Atlanta Falcons' Michael Vick signed a plea agreement filed today in federal court that says he conspired to moving dogs across state lines for the purpose of dog fighting.

A judge will make plans to sentence Vick.

But what does the star quarterback's plea in federal court mean for possible state charges in Virginia?

The answer to that question lies in the hands of Virginia prosecutor Gerald Poindexter.

Dog fighting is a felony in Virginia punishable by up to five years behind bars. Vick could face a 40 year sentence if found guilty of abusing 8 dogs. A spokesman for Poindexter says the prosecutor has yet to make up his mind.

If Vick does face state charges, criminal defense attorney Page Pate says the quarterback's federal plea would hurt instead of help.

PATE: In fact, he's now agreed to a summary of facts that could put him in a very difficult position if the commonwealth of Virginia wanted to charge him.

Among other things, the summary of facts attached to the federal plea says Vick and his former co-defendants had their dogs practice brawling against each other to prepare for dog fights.

© Copyright 2007, WABE

I also contributed to a story on the possibility that the judge would go above the recommended sentence of 12 months:

ATLANTA, GA (2007-08-24) Atlanta Falcons quarterback Michael Vick says he's guilty of being a part of a conspiracy to operate a dog fighting ring across state lines.

Vick admitted to the charge in a plea agreement filed today in federal court in Virginia.

After a week of negotiations, Vick has agreed to cooperate with the government if they want to go after other dog fighting rings.

In exchange, federal prosecutors agreed to throw out the charges of killing dogs and gambling on the dog fights and they're recommending Judge Henry Hudson give Vick the lowest sentence possible; a year.

PATE: I don't see the judge going with the government's recommendation.

Page Pate is a criminal defense attorney based in Atlanta.

PATE: I think the judge considers this to be an egregious case and he has already put the co-defendants and everybody else in the world on notice that this is an aggravated sort of an offense.

The highest possible sentence is 5 years. Vick will officially enter his plea in court on Monday. It's unclear when the judge will schedule Vick's sentencing date.

© Copyright 2007, WABE

We'll see what happens to Vick on December 10. Until then, he and his top defense lawyers will review the presentence report prepared by the probation office, and do everything they can to prepare for the sentencing hearing. It looks like their strategy will be to focus on the good things Vick has done outside of football, and his recent apology. It's the only strategy available to them, but I wouldn't be making travel plans for the next couple of years if I were Vick. My guess (and that's all it is) is 18 months to serve.