Possible Loophole In Vick Case...

[FuzzyLumpkins]

I thought that since he is in the Fed that he would have to serve State charges in the State Pen.

pep is correct. its completely up to the judge/jury. given his legal firepower and the fact that Poindexter and his constituents have been reluctant prosecutors it wold seem that he would get concurrent sentences.

oh and here is some more info.

Here is how Vick can reduce his jail time according to Derrich:

By taking advantage of an obscure Federal Bureau of Prisons (B.O.P.) Rotational/Developmental Assignment Program (R.D.A.P.) loophole — 18 U.S.C. 3621 — Vick could possibly reduce his sentence by one year. This documented instance of substance abuse apparently qualifies Vick for this reduction upon completion of a treatment program.

And here's what the statute says:

Period of custody — The period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons, but such reduction may not be more than one year from the term the prisoner must otherwise serve.

According to the owner of American Prison Consultants - which is a somewhat seedy looking site, but specializes in reducing the jail time of white collar criminals - this is not BS. Here's what he said:

"If you can show you had a substance abuse issue 1 year prior to entering custody you can get UP TO A YEAR knocked off your federal sentence."

A couple of lawyers we know also vouched for this potential outcome. And strangely, killing dogs is not considered a violent offense. The APC guy also said that 6 months of prison time can be served in a half-way house - which is much, much better than being in prison.

Vick could qualify for this loophole because he failed his recent drug test. Of course now the question is did Vick actually smoke pot on purpose? I'd like to think Ron Mexico spent many a night buried in the Harvard Law library looking for this loophole, but I doubt it. Maybe he just has the greatest legal team in history, but that seems unlikely as well.

If the judge is lenient (which might be less likely now considering the positive marijuana test) and Vick is sentenced to a year and a half in jail, he might never actually set foot in prison and only spend 6 months in a half-way house.

All I know is if I ever have to plead guilty to a federal crime, I'm going to puff a huge doobie in the court room as I plead out.

Of course, Vick still has to worry about state charges, but hey, he's one step closer to his triumphant return to the NFL.

 

[joseephuss]

the sentences run concurrently.

That has not been determined yet. The state case is still a work in progress, so they have not reached a conclusion as to how long his sentence is going to be much less if they will allow it to be served concurrently with Vick's federal punishment.

PETA will not be able to stop Vick's sentence from being reduced IF he ends up qualifying and following all the necessary requirements. I am sure there will be an outcry and PETA will scream and shout, but they have no real power in the matter.

I have no problem that if Vick serves his time whether that is the full 23 months or not that he gets a 2nd chance to be in the NFL. I am a dog, pet and animal lover and what he did was horrible, but everyone deserves another opportunity in life. Vick is pretty scummy and he may screw it up, so in the big picture it does not really matter to me right now. A lot can happen between now and whenever he may qualify for reinstatement. I just never believed he should be banned for life or even more than one full season. I think for sure it will probably end up being two seasons that he will be away from the game and that seems fair to me.

 

[peplaw06]

I think you're underestimating the power of public outcry. Also, I don't think these things are automatic. Isn't there some panel involved in sentence reduction? If so, then the PETA factor comes into play.

Where did this notion that PETA has their finger on the pulse of the public come from? They are a fringe group. They have very little influence compared to most public interest or lobbying groups.

And thanks for that info Fuzzy.

It says he can get "up to one year" reduced. With such a relatively short sentence, I would think that getting the full year knocked off... or in other terms, more than half of your sentence... for failing one drug test, would be unlikely

 

[FuzzyLumpkins]

That has not been determined yet. The state case is still a work in progress, so they have not reached a conclusion as to how long his sentence is going to be much less if they will allow it to be served concurrently with Vick's federal punishment.

PETA will not be able to stop Vick's sentence from being reduced IF he ends up qualifying and following all the necessary requirements. I am sure there will be an outcry and PETA will scream and shout, but they have no real power in the matter.

youre right.

 

[BigDFan5]

No way they find him eligible for this program since he has no history of drug abuse.

In order to be admitted to the program they must be found Bureau of Prisons to have substance abuse problems


Also completing the program does not automatically mean 1 year reduction that is also left to the prisions discretion, and no way are they letting him out early

 

[FuzzyLumpkins]

No way they find him eligible for this program since he has no history of drug abuse.

In order to be admitted to the program they must be found Bureau of Prisons to have substance abuse problems


Also completing the program does not automatically mean 1 year reduction that is also left to the prisions discretion, and no way are they letting him out early

he has a documented failed drug test. he is eligible for the program. keep on willing it though.

 

[Big Dakota]

I've got a loophole for Vick, and he's hanging from it

 

[FuzzyLumpkins]

I've got a loophole for Vick, and he's hanging from it

I realize that was tongue in cheek but its the fire and pitchfork mentality of people that has me more concerned than anything that Vick did.

 

[BigDFan5]

he has a documented failed drug test. he is eligible for the program. keep on willing it though.

1 failed drug test does not show a history of substance abuse. He will not be found eligible by the prison bureau. Keep hoping though

 

[Kangaroo]

I think you're underestimating the power of public outcry. Also, I don't think these things are automatic. Isn't there some panel involved in sentence reduction? If so, then the PETA factor comes into play.

PETA is a powerless self promoting lunatic group period end of story. In fact on a whole PETA and the clowns that run it are no better than Vick. Vick will do his time like anyone else that has to serve jail time.

Vick has been punished look the guy lost millions and is serving time. Done end of story.

 

[peplaw06]

1 failed drug test does not show a history of substance abuse. He will not be found eligible by the prison bureau. Keep hoping though

Doesn't he have prior drug related offenses/ arrests?

 

[dcowboysfan76]

No way they find him eligible for this program since he has no history of drug abuse.

In order to be admitted to the program they must be found Bureau of Prisons to have substance abuse problems


Also completing the program does not automatically mean 1 year reduction that is also left to the prisions discretion, and no way are they letting him out early

Does the NFL say whether or not he's failed a test? When he had the water bottle incident, it was said that the secret compartment wreaked of marijuana....Like my grandmother taught me, where does smoke there's fire....

 

[03EBZ06]

Doesn't he have prior drug related offenses/ arrests?

Does he? I can't recall.

 

[BigDFan5]

Doesn't he have prior drug related offenses/ arrests?

Not that i am aware of

Does the NFL say whether or not he's failed a test? When he had the water bottle incident, it was said that the secret compartment wreaked of marijuana....Like my grandmother taught me, where does smoke there's fire....

He was found with no drugs and the police said there was nothing to it

 

[Doomsday101]

I realize that was tongue in cheek but its the fire and pitchfork mentality of people that has me more concerned than anything that Vick did.

I don't think Vick deserve life or the death penalty but yes I think he should pay for the crime he committed. I know you don't think it is a big deal what he did but society as a whole does think it is a big deal and thus laws were put in place to punish those who commit these crimes. Vick is getting what he deserves he is a grown man who knew what he was doing and knew the trouble he could get into if he was caught.

 

[PosterChild]

How old is Vick now? 28,29,30?

 

[locked&loaded]

Vick is getting what he deserves. You guys can pity him all you want but I don't care if the guy plays another down in the NFL or not.

Hes getting what he deserves? HE gets out of prison in what ever span it lasts. tops two years, and he come back to his millions and he will be back in the league if he chooses. whoop DEE doo

 

[dcowboysfan76]

PETA is a powerless self promoting lunatic group period end of story. In fact on a whole PETA and the clowns that run it are no better than Vick. Vick will do his time like anyone else that has to serve jail time.

Vick has been punished look the guy lost millions and is serving time. Done end of story.

Some of the people of PETA are such hypocrites....If you notice on some of their marches and protests, some of them are wearing leather shoes

 

[Muhast]

as far as i've known, he was already sentenced and in federal crimes you have to do 85% of that time. Im pretty sure it'd have to be a state court for that program to work.

I'm pretty positive there is no way to reduce your sentence in fed system.

And to D_poster. He's 27, turns 28 in June. By federal guidelines the earliest he'd be able to play would be 29.

 

[BigDFan5]

Hes getting what he deserves? HE gets out of prison in what ever span it lasts. tops two years, and he come back to his millions and he will be back in the league if he chooses. whoop DEE doo

Falcons are suing him for like 29 million of his bonus money back

and when he gets out of prison he will be 29 and then subject to league suspension. I dunno if he ever makes it back to the NFL