Vick Sacks Himself

One would think that Michael Vick would know that while you're on bond awaiting sentencing in federal court would not be a great time to enjoy some herb. A drug test by Vick's probation officer showed that the ex-Falcons QB had used marijuana. As a result, his bond conditions have been tightened by the judge - the same judge who will impose sentence in December. For the time being, however, Vick remains a free man.

All this raises two questions in my mind.

First, I wonder what the regular practice is in the Eastern District of Virginia when a defendant violates his bond pre-sentencing. In SDWV, I'm fairly certain one of our clients in a similar circumstance would be in jail. Is Vick being left on bond an exception, or is the EDVa just a little more lenient about those kinds of things?

Second, I wonder what impact this might have on Vick's sentence. One way for a defendant in federal court to reduce his sentence is by getting credit for acceptance of responsibility - it reduces the offense-based calculation portion of the Sentencing Guidelines. However, part of that responsibility generally includes the requirement that you cease from all criminal activity once on bond. I've had clients lose acceptance for a single positive drug test and the Fourth Circuit has affirmed. Vick might miss out on that because his offense isn't related to drugs, but I wouldn't want to test the waters if I was him.