2021 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 9 - Forfeiture
§ 44-5-210. Lien of State for Costs of Prosecution
The state shall hold a lien upon all the property of a convicted offender for the costs of the prosecution against him.
(Orig. Code 1863, § 2634; Code 1868, § 2634; Code 1873, § 2675; Code 1882, § 2675; Civil Code 1895, § 3581; Civil Code 1910, § 4161; Code 1933, § 85-1109.)
Cross references.- Prohibition against forfeiture of estate, Ga. Const. 1983, Art. I, Sec. I, Para. XX.
Further provisions regarding lien for costs of prosecution, § 17-11-1.
Law reviews.- For article on whether one's property is forfeited after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).
JUDICIAL DECISIONS
Inheritance provisions not changed by heir killing person inherited from.
- Under the laws of Georgia, the fact that an heir kills the person from whom one expects to inherit will not change the application of the statutes of descent. The policy of this state is shown in this statute. Hagan v. Cone, 21 Ga. App. 416, 94 S.E. 602 (1917) (see O.C.G.A. § 44-5-210).
Where a wife dies without issue, her husband is her sole heir, and his right of inheritance is not forfeited by reason of having murdered his wife. Crumley v. Hall, 202 Ga. 588, 43 S.E.2d 646 (1947).
Section not violated by municipal ordinance requiring liquor seller to give bond.
- Municipal ordinance, requiring one who engages in the sale of "near beer" in the municipality to give a good and solvent bond, conditioned that one will keep an orderly house and will not violate the state liquor laws or disobey the ordinances of the city regulating the liquor business, and the bond taken in pursuance thereof are not in violation of this statute, nor do they violate the Constitution. City of Albany v. Cassel, 11 Ga. App. 745, 76 S.E. 105 (1912) (see O.C.G.A. § 44-5-210).
Confiscation of bribe money for payment of fine not a forfeiture.
- When the trial court, in a bribery case, ordered the confiscation of bribe money and ruled that the money might be used toward the payment of the fine assessed in the case, and when the money did not exceed the maximum fine under former Code 1933, § 26-2301 (see O.C.G.A. § 16-10-2), the confiscation was not tantamount to a forfeiture. Hall v. State, 155 Ga. App. 724, 272 S.E.2d 578 (1980).
Cited in Tennesco, Inc. v. Berger, 144 Ga. App. 45, 240 S.E.2d 586 (1977).
RESEARCH REFERENCES
Am. Jur. 2d.
- 27A Am. Jur. 2d, Escheat, § 10. 36 Am. Jur. 2d, Forfeitures and Penalties, § 14.
C.J.S.- 18 C.J.S., Convicts, §§ 3, 7. 37 C.J.S., Forfeitures, § 2 et seq.
ALR.
- Forfeiture of property unauthorizedly used by servant in violating law, 5 A.L.R. 213.
Items of cost of prosecution for which defendant may be held, 65 A.L.R.2d 854.
