314 Ga. App. 439
Ga. Ct. App.2012Background
- Alden was arrested in 2008 for DUI per se, DUI less safe, driving with a suspended license, and failure to maintain his lane; initial bond set at $2,200.
- State filed charges in 2009 for DUI per se, DUI less safe, driving with a suspended license, and failure to maintain lane.
- A bench warrant was issued in 2009 for Alden's failure to appear; bond forfeiture judgment followed in 2009.
- In 2010 Alden was arrested on the warrant; bond was re-set at $15,000 with conditions (home confinement, ignition interlock, SCRAM device, drug/alcohol evaluation and treatment).
- Alden posted bond, was released in June 2010; he later argued in 2010 that the bond conditions were punishment and barred by double jeopardy.
- Trial court denied the double jeopardy plea; the Court of Appeals affirmatively held bond conditions were not punishment and did not violate double jeopardy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the bond conditions punishment barred by double jeopardy? | Alden contends bond conditions serve punishment and trigger double jeopardy prohibition. | State contends bond conditions rationally relate to public safety and appearance, not punishment. | Bond conditions not punishment; no double jeopardy bar. |
| Does double jeopardy preclude further prosecution when pretrial restrictions are imposed? | Double jeopardy protects against subsequent punishment for same offense. | Pretrial bond conditions do not constitute punishment and do not bar later prosecution. | No double jeopardy bar to subsequent prosecution. |
Key Cases Cited
- Strickland v. State, 300 Ga.App. 898 (Ga.App. 2009) (standard for double jeopardy review of bond orders)
- North Carolina v. Pearce, 395 U.S. 711 (U.S. Supreme Court 1969) (second prosecutions; limits on multiple punishments)
- Ayala v. State, 262 Ga. 704 (Ga. 1993) (pretrial release purpose and conditions; appearance and safety)
- Clarke v. State, 228 Ga. App. 219 (Ga. App. 1997) (trial court authority to impose pretrial restrictions)
- Bozzuto v. State, 276 Ga. App. 614 (Ga. App. 2005) (bond conditions to protect community not punishment)