Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448No person shall be compelled to pay costs in any criminal case except after conviction on final trial.
- Art. I, Sec. I, Para. XXI.
- Costs to indigents, §§ 5-3-22 and9-15-2.
Appeal costs, §§ 5-3-22 and5-4-5.
Costs following appellate reversal, §§ 5-4-17 and5-6-5.
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.
- For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986).
Generally, defendant in criminal case can be taxed with 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).
Attendance of witnesses and process to procure it are part of costs of trial. Roberts v. State, 72 Ga. 673 (1884).
When subpoena was given to the sheriff for service, but was not served, ostensibly because the sheriff was not paid a fee, the defendant had a right to compulsory process to obtain the witness. Harpe v. State, 134 Ga. App. 493, 214 S.E.2d 738 (1975).
- 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).
All officers charging costs must always 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).
This paragraph provides for payment of costs after trial in lower court 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).
- 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.
- 20 Am. Jur. 2d, Costs, § 1 et seq.
- Items of cost of prosecution for which defendant may be held, 65 A.L.R.2d 854.
Taxable costs and disbursements as including expenses for bonds incident to steps taken in action, 90 A.L.R.2d 448.