Michael Vick, already looking at a federal prison term for bankrolling a dogfighting operation in rural Virginia, now faces two state charges that could get him more prison time if he's convicted.
After a Surry County grand jury indicted the Atlanta Falcons quarterback and three co-defendants Tuesday, Vick's lawyers indicated they will fight the state charges on the grounds that he can't be convicted twice of the same crime.
The NFL star, scheduled for sentencing Dec. 10 after pleading guilty to federal dogfighting conspiracy charges, faces state charges of beating or killing or causing dogs to fight other dogs and engaging in or promoting dogfighting.
Each felony is punishable by up to five years in prison. Arraignments are set for Oct. 3.
The grand jury declined to indict the 27-year-old Vick and two co-defendants on eight additional counts of killing or causing to be killed a companion animal, felonies that would have exposed them to as many as 40 years in prison if convicted.
Vick defense attorney Billy Martin said in a statement that the state counts concern "the same conduct covered by the federal indictment for which Mr. Vick has already accepted full responsibility."
Martin said he will "aggressively protect his rights to ensure that he is not held accountable for the same conduct twice."
Vick was convicted of a federal conspiracy count while the state indictment deals with the act of dog fighting, said Steven Benjamin, a Richmond defense lawyer who is not involved in the case.
The prosecution will argue that's enough of a difference to allow the charges to proceed, he said.
On a side note, this was a dumb thing for Vick to do.
A federal judge placed tighter restrictions on Michael Vick on Wednesday after the Atlanta Falcons quarterback tested positive for marijuana.
Because of the result, U.S. District Judge Henry Hudson placed special conditions on Vick's release, including restricting him to his home between 10 p.m. and 6 a.m. with electronic monitoring and ordering him to submit to random drug testing.
The urine sample was submitted Sept. 13, according to a document by a federal probation officer that was filed in U.S. District Court on Wednesday.
The 27-year-old former Virginia Tech star was placed under pretrial release supervision by U.S. Magistrate Dennis Dohnal in July. The restrictions included refraining from use or unlawful possession of narcotic drugs or other controlled substances.
The random drug testing ordered Wednesday could include urine testing, the wearing of a sweat patch, a remote alcohol testing system or any form of prohibited substance screening or testing.
Hudson's order also requires Vick to participate in inpatient or outpatient substance therapy and mental health counseling, if the pretrial services officer or supervising officer deem it appropriate. Vick must pay for the treatment.