Repayment of Attorney's Fees as Condition of Probation

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Legal Defense for Indigents
  5. Recovery of Attorney's Fees and Costs
  6. Repayment of Attorney's Fees as Condition of Probation

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  1. When a defendant who is represented by a public defender, who is paid in part or in whole by a county, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the community supervision officer to the county.
  2. When a defendant who is represented by a public defender, who is paid in part or in whole by a municipality, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the community supervision officer to the municipality.
  3. If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon such defendant or such defendant's dependent or dependents. Such defendant shall make such payment through the community supervision officer to the Georgia Public Defender Council for payment to the general fund of the state treasury.
  4. In determining whether or not a payment imposed under this Code section imposes a financial hardship upon a defendant or defendant's dependent or dependents and in determining the amount of the payment to impose, the court shall consider the factors set forth in Code Section 17-14-10. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense. If requested by the defendant, the court shall hold a hearing to determine the amount to be paid.
  5. This Code section shall not apply to a disposition involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings.

(Code 1981, §17-12-51, enacted by Ga. L. 2006, p. 710, § 6/SB 203; Ga. L. 2008, p. 846, § 40/HB 1245; Ga. L. 2015, p. 422, § 5-34/HB 310; Ga. L. 2015, p. 519, § 7-12/HB 328.)

Editor's notes.

- Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).

JUDICIAL DECISIONS

Legislative intent.

- Defendant sentenced in 2005 for conduct occurring in 2004 was properly required to reimburse a county for court-appointed attorney fees; the Georgia Supreme Court held that such authority was inherent in a trial court's broad sentencing powers and that O.C.G.A. § 17-12-51(a), which was enacted in 2006, indicated some legislative intent to authorize imposition of such a condition. Pless v. State, 286 Ga. App. 235, 648 S.E.2d 752 (2007).


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