Starting July 1, 2025, criminal defendants in Georgia will have the legal right to recover attorney’s fees if their case is tainted by prosecutorial misconduct.
Advocates say the law provides a new but long-overdue protection for wrongfully accused persons.
Signed into law by Governor Brian Kemp on May 14, Senate Bill 244 introduces a new mechanism for defendants to seek financial redress when a prosecutor is found to have engaged in improper conduct during the course of a criminal prosecution. The law also includes expanded pathways for compensation for individuals who have been wrongfully convicted and later exonerated.
Attorney Stephanie Lindsey, a Georgia-based criminal defense attorney and vocal advocate for justice reform, took to Instagram on June 2 to explain the implications of the law in a detailed video.
“This law is meant to allow for a defendant who is being prosecuted in a criminal case to recoup all their attorney fees if it is found that the prosecutor involved acted in a way that was deemed to be misconduct,” Lindsey said. “A win is a win.”
According to Lindsey, the original version of the bill was just two pages long. However, through legislative negotiation, the final law grew to 14 pages, encompassing not only legal fee recovery but also meaningful remedies for those wrongfully convicted.
Key Provisions of Senate Bill 244
- Attorney Fee Recovery: Defendants may file a motion with the court to recover all legal expenses if their case is dismissed due to prosecutorial misconduct, or if a newly assigned prosecutor withdraws charges.
- Wrongful Conviction Compensation: The legislation strengthens access to redress for individuals who have been exonerated, removing procedural barriers that previously prevented many from receiving justice.
- Judicial Oversight: The law enables judicial discretion to determine misconduct and award fees, adding an additional layer of accountability in prosecutorial conduct.
Political Irony and Social Justice Advocacy Collide
Lindsey acknowledged the political irony behind the bill’s passage, attributing its momentum to the legal challenges faced by former President Donald Trump, who has been embroiled in multiple criminal cases nationwide.
“Do y’all know who that law is for? That law is for our great president, Donald Trump,” Lindsey said. “Because of his situation, we now have good law to protect individuals who’ve been wrongfully treated.”
Though clearly framed around high-profile legal drama, Lindsey emphasized that the true beneficiaries of the law are not politicians but everyday people — particularly communities long impacted by overreach and injustice in the criminal legal system.
“For decades, advocates for social justice have been trying to get our legislators to pass laws that protect individuals who are in this very same situation,” she noted. “Now, we finally have it.”
Impact and Reactions
The passage of Senate Bill 244 represents a significant moment for criminal justice reform in Georgia. Legal experts have praised the law for addressing a systemic gap that previously forced innocent or wrongfully accused individuals to shoulder the financial burden of defending themselves — even in cases where prosecutors behaved unethically.
Civil rights advocates say the new law could have a chilling effect on prosecutorial misconduct and encourage better oversight and accountability.
Still, critics warn that real-world implementation will depend on the willingness of courts to make misconduct determinations and approve attorney fee reimbursements, processes that may vary significantly by jurisdiction.
Conclusion
Senate Bill 244 stands as a rare example of bipartisan progress in a politically polarized environment. Whether fueled by political scandal or long-standing advocacy, the result is a new legal tool that promises fairness for the accused — especially those wrongfully targeted.
As Attorney Lindsey aptly summed it up: “A win is a win.”
