---
title: O.C.G.A. § 17-11-6. Awarding fees and costs to certain defendants; procedure.
collection: code
id: 17-11-6
cite_as: O.C.G.A. § 17-11-6 (2025)
canonical_url: https://georgiacommons.org/code/17-11-6
md_url: https://georgiacommons.org/code/17-11-6.md
text_url: https://georgiacommons.org/code/17-11-6/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t17-(v15)-pdf.pdf?sfvrsn=6c4dfdf8_0#page=154
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/17-11.md
previous: https://georgiacommons.org/code/17-11-5.md
next: https://georgiacommons.org/code/17-11-20.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMINAL PROCEDURE / ASSESSMENT AND PAYMENT OF COSTS OF CRIMINAL PROCEEDINGS / GENERAL PROVISIONS
extraction_warnings:
  - dehyphenation_unverified:disquali-fication
---

# O.C.G.A. § 17-11-6. Awarding fees and costs to certain defendants; procedure.

(a) In the event that:

(1) The prosecuting attorney in a felony or misdemeanor criminal case is disqualified due to improper conduct on the part of such prosecuting attorney; and

(2) Such criminal case is dismissed by the court or a subsequent prosecutor tasked with prosecuting such case following such disqualification;

any defendant against whom such charges are dismissed shall be entitled to an award of all reasonable attorney’s fees and costs incurred by the defendant in defending the case.

(b) A defendant entitled to fees and expenses as provided in this Code section shall file a motion for reasonable attorney’s fees and costs within 45 days of the final termination of the underlying criminal case. The judge to whom the criminal case was assigned shall consider and determine such motion for reasonable attorney’s fees and costs without a jury and shall award such reasonable attorney’s fees and costs as provided for under this Code section to such defendant.

(c) Attorney’s fees and costs awarded under this Code section shall be paid from the funds of the office of the prosecuting attorney as budgeted by the county or counties comprising the judicial circuit of such prosecuting attorney.

## History

Code 1981, § 17-11-6, enacted by Ga. L. 2025, p. 887, § 1-1/SB 244, effective May 14, 2025.

## Cross References

Wrongful conviction and incarceration compensation, § 17-22-1 et seq.

## Editor's Notes

Ga. L. 2025, p. 887, § 3-1(b)/SB 244, not codified by the General Assembly, provides that this Code section shall apply to all criminal cases pending on and after May 14, 2025.

## Effective Date

This Code section became effective May 14, 2025. See Editor’s notes for applicability.