I saw a blurb on ESPN where Vick’s lawyer is questioning the ability of the state to charge him since he’s already been found guilty on federal charges. Does anyone know if this is correct? I would guess it is legal, or else they wouldn’t be doing it, then again I would think a lawyer would know as well and wouldn’t question something that was valid…
Back when he was indicted on the federal charges, I remember Virginia saying they might indict him on points not covered in the federal indictment.
Say the federal charges were gambling related, Virginia would indict on animal cruelty, not gambling, something like that. I remember posting about this back at the time.
They may be charging him with different acts. He took a number of actions that broke a number of laws, both state and federal. If the acts that he plead guilty to in federal court are not the same acts that he is being charged with in state court, there is no problem.
I know that in the federal case, for example, he was very careful not to admit to any charges involving gambling, because of the NFL’s prohibition on that. So if the gambling broke state laws as well, the state can charge him with that. Note that I am just using gambling as an example, I’m not saying one way or another whether he is being charged with that.
Doble jeopardy prevents retrial by the same sovereign, e.g. twice by the same state governent or twice by the federal government. Dual sovereigns, like the state and federal government or two (or more) state governments, can criminaize one course of conduct if it violates the laws of both. The federal government and the state government can criminalize the same act without implicating double jeopardy, because they’re dual sovereigns.
Pravnik is correct, as a matter of Federal constitutional law. However, some states (and I have no idea whether Virginia is one), have statutory double jeopardy laws that would forbid them from prosecuting for an offense that has already been prosecuted (to the extent that double jeopardy has attached) in another jurisdiction.
In LA the four officers were acquitted of the charge of using excessive force against Rodney King. The Federal Govt. then charged them with violating Mr. King’s civil rights and the four officers were found quilty of that charge.
If a state has such stipulations, I do not think it would be relevant to shared or dual jurisdiction with federal authority. As a matter of fact, it is difficult for me to intellectually construct an occasion where this would be an issue between two states. Crossing state lines in the commission of a crime generally implicates federal law.If you come across such state law and it is convenient please email me. I’d be interested in seeing the case law in the area.
All of that is to say that I agree with Pravnik. Put another way, the federal government and the Commonwealth of Virginia are two jurisdiction. If a single act violates both federal and state law, a subject may be tried in both jurisdictions without supporting a double jeopardy defense.
Is this not cut and dried?
Seems like both Vick’s high-dollar defense crew and the Virginia Attorney General’s office would too on the ball for something like possible double jeopardy to even come to light. Or maybe Vick’s defense team is just grasping at straws?
There are lots of crimes that could be prosecuted in multiple jurisdictions, depending on each state’s jurisdictional statute. For example, under New York law, if I mail a letter bomb from New York to your home in Florida (er, not that I would or anything) with the intent to kill you, and the bomb does explode and kill you in Florida, then New York could try you for murder. As of course, could Florida. Under New York law (CPL 40.20, 40.30), with certain caveats, if Florida tries you for murder first, New York can’t. It may or may not be the case that, if New York tries you first, Florida can try you – that’s a matter of Florida law.
Now, the Feds could no doubt also try you for sending a bomb through the mail or whatever applicable federal statute exists. Depending on the elements of that crime, a prior federal prosecution might or might not bar a prosecution in New York. But under New York statutory double jeopardy law there is no question that a prior prosecution in another jurisdiction can preclude a New York prosecution
Even though I think he’s vile, I think charging him again is going to unfortunately turn public opinion a bit in his favor. I’m satisfied with the original case as long as he gets at least one year of actual jail time and think another trial is a bit much- he’s already going to be ruined from this one- people are suing him for money owed for various things already. 
That’s along the lines of what I’m thinking in this case. As long as the charges aren’t identical, each jurisdiction can have a crack at indicting.
And I seem to recall in the Vick case, the federal charges were in the 1 to 5 year timeframe, or 18 months to 5 years, where the Virginia charges could possibly total 40 years. Lots of reasons for his defense to hope the Virginia case doesn’t materialize.