Opinion No.

The Honorable Ted C. Capeheart Circuit and Chancery Court Judge Ninth Judicial Circuit — West Little River County Courthouse Post Office Box 546 Ashdown, Arkansas 71822

Dear Judge Capeheart:

This is in response to your request for an opinion on whether a defendant whose probation has been revoked due to his failure to pay a fine may, following his release from prison on parole, be jailed for his continued failure to pay the fine. You question whether this constitutes double jeopardy.

In my opinion, such a course of action is authorized by law and does not violate U.S. Const. amend. 5 or Ark.…