Murphy v. State

Birdsong, Presiding Judge.

Michael Murphy appeals the denial of his motion to enjoin his prosecution for violation of the Georgia Controlled Substances Act. He contends that a previous civil forfeiture proceeding arising out of the same criminal activity placed him in jeopardy and prohibits any further prosecution on the criminal charge itself. Held:

A civil forfeiture proceeding in a drug case is not a criminal prosecution. It is not enumerated in OCGA §§ 16-1-7 and 16-1-8 as being among the proceedings which constitute former jeopardy. The prohibition against putting any person twice in…