---
title: Ga. Const. Art. I, Sec. I, Para. XXIV. Costs.
collection: code
id: ga-const:art-i-sec-i-para-xxiv
cite_as: Ga. Const. Art. I, Sec. I, Para. XXIV
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---

# Ga. Const. Art. I, Sec. I, Para. XXIV. Costs.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

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

## Cross References

Costs to indigents, §§ 5-3-22 and 9-15-2. Appeal costs, §§ 5-3-22 and 5-4-5. Costs following appellate reversal, §§ 5-4-17 and 5-6-5. Judgments, § 9-11-54. Court and litigation costs, T. 9, C. 15. Constables’ fees for levies and judicial sales, § 15-10-83. Costs in criminal cases generally, T. 17, C. 11. Cost against private citizen bringing action without reasonable grounds, § 41-3-6.

## Law Reviews

For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986).

## 1976 Constitution.

Art. I, Sec. I, Para. XXI.

## Attendance of Witnesses and Prorendered by Officers of Court.

Costs generally include all charges fixed by statute as compensation for services rendered by officers of the court in the progress of the cause. Giddens v. State, 156 Ga. App. 258, 274 S.E.2d 595 (1980), cert. denied, 450 U.S. 1026, 101 S. Ct. 1733, 68 L. Ed. 2d 220 (1981).

Sheriff and court reporter are also ‘‘officers of the court’’ for purposes of taxation of costs. Giddens v. State, 156 Ga. App. 258, 274 S.E.2d 595 (1980), cert. denied, 450 U.S. 1026, 101 S. Ct. 1733, 68 L. Ed. 2d 220 (1981). ways show authority of law to do so. Giddens v. State, 156 Ga. App. 258, 274 S.E.2d 595 (1980), cert. denied, 450 U.S. 1026, 101 S. Ct. 1733, 68 L. Ed. 2d 220 (1981). ment of costs after trial in lower

## All Officers Charging Costs Must al-This Paragraph Provides for Paycourt and Not Appellate Court.

Swearengen v. State, 146 Ga. 3, 90 S.E. 283 (1916); Wynne v. Stonecypher, 146 Ga. 5, 90 S.E. 284 (1916).

Probation may be conditioned upon payment of expenses in accordance with the conditions of probation. Giddens v. State, 156 Ga. App. 258, 274 S.E.2d 595 (1980), cert. denied, 450 U.S. 1026, 101 S. Ct. 1733, 68 L. Ed. 2d 220 (1981).

Cited in Shafer v. State, 193 Ga. 748, 20 S.E.2d 34 (1942); Trowbridge v. Dominy, 92 Ga. App. 177, 88 S.E.2d 161 (1955); Holloway v. State, 178 Ga. App. 141, 342 S.E.2d 363 (1986).

## Costs Cannot Be Collected Until Conviction.

Since cases were never signed by the defendant or a judge, which were not nol prossed, and which were transmitted to the clerk’s office prior to the return of the indictment against the officer, the county does not have a claim for any portion of the money based on chargeable fees of its officers. 1974 Op. Att’y Gen. No. U74-90.

## Am. Jur. 2d.

20 Am. Jur. 2d, Costs, § 1 et seq.

## Alr.

Items of cost of prosecution for which defendant may be held, 65 ALR2d 854.

Taxable costs and disbursements as including expenses for bonds incident to steps taken in action, 90 ALR2d 448.