Navigating the legal landscape after a DUI charge in Georgia involves understanding various aspects of the criminal procedure, including the costs associated with prosecution. Here, Atlanta DUI Attorney George Creal explains the implications of Georgia Code § 17-11-1 on defendants in criminal cases, particularly focusing on DUI prosecutions, in light of the protections offered by the Georgia Constitution.

What Does Georgia Code § 17-11-1 Say?

Under Georgia law, specifically § 17-11-1, the costs of prosecution cannot be demanded from a defendant until after a conviction. This includes all costs accruing in both the committing and trial courts as well as those incurred by any officer during the prosecution. Once convicted, these costs become a lien against all property owned by the defendant from the date of arrest.

Constitutional Protection:

The Georgia Constitution further reinforces this protection under Paragraph XXIV, which states:

Paragraph XXIV. Costs. No person shall be compelled to pay costs in any criminal case except after conviction on final trial.

This constitutional provision ensures that no one faces financial burdens from prosecution costs unless they are convicted in a final trial.

Key Points for DUI Defendants:

• Timing of Cost Imposition: Costs are only imposed post-conviction. Until then, a defendant is not liable for prosecution expenses, except for their own witness fees, aligning with the constitutional mandate.
• Nature of Costs: These can include court fees, officer salaries related to the case, and other administrative expenses. However, costs like those for bailiffs and jurors are not typically taxable to the defendant.
• Lien on Property: The law creates a financial lien on all the defendant's property, effective from the arrest date, ensuring the state's ability to recover costs if necessary.
• Judicial Discretion: There is no judicial discretion regarding the taxation of costs against a convicted defendant. Judges are required to enter judgment for costs as part of the conviction.
• Impact of Acquittal: If a defendant is acquitted after an appeal or a subsequent trial, they are no longer liable for previously accrued costs, in accordance with both state law and the constitution.
• Special Considerations:
• Escaping Defendants: If a defendant escapes before trial, the district attorney is entitled only to costs accrued up to the escape.
• Nol Pros Cases: Costs cannot be demanded on cases that have been nol prossed (dismissed by the prosecution).
• Witness Costs: Specific procedures exist for challenging the amount claimed by witnesses, ensuring fairness in cost assessment.

Practical Implications for DUI Defendants:

• Financial Planning: Defendants should be aware that a conviction could lead to significant financial liability beyond fines or penalties, including costs related to the prosecution process.
• Legal Strategy: Understanding both the statutory and constitutional law can influence legal strategies, particularly in negotiating plea deals or preparing for trial, where costs might be contested or mitigated.
• Post-Conviction: Even if acquitted on appeal, defendants need to understand that initial cost judgments might still require legal action to clear, given the constitutional protection against compelling payment before final conviction.

For those facing DUI charges in Atlanta, understanding how costs are assessed and managed under both Georgia law and its Constitution is crucial. Attorney George Creal emphasizes the importance of having knowledgeable legal representation to navigate these complexities, potentially reducing or managing the financial burden of prosecution costs. If you or someone you know is navigating a DUI case, consider the implications of prosecution costs and how they might affect your case's outcome.

Remember, the specifics of each case can vary, so consulting with a seasoned attorney like George Creal can provide personalized advice tailored to your situation.