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Double Jeopardy is Not Implicated by Pre-Trial Bond Detention

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution (applied to the States through the Fourteenth Amendment) protects against being charged or punished twice for a single offense. In criminal cases, questions sometimes arise as to whether a particular criminal charge or procedure violates double jeopardy protection. In the recent Tennessee case of State v. Larsen, W2011-00976-CCA-R3-CD (Tenn.Crim.App. 1-9-2013), a Defendant who pled guilty to driving under the influence (DUI) of an intoxicant raised, by certified question of law, the appellate issue of whether his Criminal Court conviction was a double jeopardy violation after he had already been "punished" in General Sessions Court by incarceration under a $1,000 bond, pursuant to the General Sessions Court policy of a mandatory minimum bond for DUI cases.

Double Jeopardy is Not Implicated by Pre-Trial Bond Detention

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution (applied to the States through the Fourteenth Amendment) protects against being charged or punished twice for a single offense. In criminal cases, questions sometimes arise as to whether a particular criminal charge or procedure violates double jeopardy protection. In the recent Tennessee case of State v. Larsen, W2011-00976-CCA-R3-CD (Tenn.Crim.App. 1-9-2013), a Defendant who pled guilty to driving under the influence (DUI) of an intoxicant raised, by certified question of law, the appellate issue of whether his Criminal Court conviction was a double jeopardy violation after he had already been "punished" in General Sessions Court by incarceration under a $1,000 bond, pursuant to the General Sessions Court policy of a mandatory minimum bond for DUI cases.

State Loses Appeal on Double Jeopardy Issue

A person who violates a court order of protection in Tennessee may be prosecuted under criminal contempt provisions or under a criminal statute criminalizing violations of orders of protection. However, charging both criminal contempt and violation of the criminal statute may be double jeopardy, depending on the circumstances of the case.

State Loses Appeal on Double Jeopardy Issue

A person who violates a court order of protection in Tennessee may be prosecuted under criminal contempt provisions or under a criminal statute criminalizing violations of orders of protection. However, charging both criminal contempt and violation of the criminal statute may be double jeopardy, depending on the circumstances of the case.

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