I get asked these questions all the time. Someone gets arrested, spends thousands of dollars defending themselves, watches their reputation get dragged through the mud, and then—finally—the case gets dismissed or they’re found not guilty.

They want justice. They want someone to pay for what they went through. They want their money back.

And until recently, the answer was almost always: No, you can’t.

The Old Reality: You Win, But You Still Lose

Here’s the brutal truth about how the criminal justice system worked (and mostly still works) in Georgia:

You get arrested. Maybe the arrest was bogus from the start. Maybe the prosecutor overcharged you. Maybe the evidence was garbage. Doesn’t matter—you still have to hire a lawyer and fight.

You spend $10,000, $20,000, $50,000 on your defense. You miss work. You stress for months or years. Your family suffers. Your reputation takes a hit just from being charged.

Then you win. The charges get dismissed. Or a jury finds you not guilty. Justice prevails, right?

Wrong. You’re still out all that money. The state doesn’t reimburse you. The DA’s office doesn’t apologize. The prosecutor who brought the bogus case? They just move on to ruin someone else’s life.

That’s been the system forever. Win or lose, the process is the punishment.

Until now.

Georgia’s New Law: O.C.G.A. § 17-11-6

Effective as of Governor Kemp’s signature in May 2025, Georgia now has a law that creates a narrow exception to this rule. I added the new statute to the bottom of this post.

Here’s what it says (in plain English):

If a prosecutor gets disqualified from your case because of their own misconduct, and then your case gets dismissed after that disqualification, you can get your attorney’s fees back.

Let me repeat that because it’s important: This law only applies when two specific things happen:

1. The prosecuting attorney in your case was disqualified due to improper conduct, and
2. After that disqualification, your case was dismissed (either by the court or by the new prosecutor who took over).

If both of those things happen, you’re entitled to recover “all reasonable attorney’s fees and costs” you spent defending yourself.

What Does “Disqualified for Misconduct” Mean?

Prosecutors get disqualified for different reasons—conflicts of interest, personal relationships with parties in the case, stuff like that. But those normal disqualifications don’t count here.

This law specifically requires that the prosecutor was kicked off the case “due to improper conduct.”

That means:

• Prosecutorial misconduct
• Unethical behavior
• Violations of professional rules
• Actions so bad that a judge removes them from the case

We’re talking about serious stuff. Not just a conflict of interest or being too busy—actual improper conduct.

Real-World Example: When This Law Would Apply

Let me give you a hypothetical to show how this works:

Scenario: You’re charged with felony theft. During the case, your lawyer discovers that the prosecutor withheld exculpatory evidence (evidence that proves your innocence), which is a Brady violation and prosecutorial misconduct.

Your lawyer files a motion. The judge agrees the prosecutor acted improperly and disqualifies them from the case.

A new prosecutor gets assigned. They review the file, realize the case is garbage without the withheld evidence, and dismiss the charges.

Under the new law: You can now file a motion to recover your attorney’s fees. The judge who handled your criminal case will review your motion and, if reasonable, award you those fees—paid by the DA’s office budget.

When This Law Does NOT Apply

Here’s where most people get disappointed. This law is extremely narrow. It does NOT apply in these common situations:

1. Your case got dismissed, but the prosecutor wasn’t disqualified for misconduct

Charges get dismissed all the time—witnesses don’t show up, evidence falls apart, the State realizes they can’t prove their case. That’s great for you, but it doesn’t trigger this law.

You need both the misconduct disqualification and the dismissal.

2. You were found not guilty at trial

Even if you win at trial and the prosecutor committed misconduct during the case, this law doesn’t help you unless they were formally disqualified for that misconduct before the case ended.

A not guilty verdict is a win, but it doesn’t get you your money back.

3. The prosecutor had a conflict of interest but didn’t commit misconduct

If a prosecutor gets removed because they have some personal connection to the case—say, they’re related to a witness—that’s a conflict, not misconduct.

This law requires improper conduct, not just regular disqualification.

4. You took a plea deal

If you plead guilty or nolo contendere, you’re not entitled to fees under this law. It only applies when the case is dismissed after the prosecutor’s disqualification.

Unfortunately, The Answer Is Usually Still “No”

Why Is This the Rule?

People ask me all the time: “How is this fair? I was innocent! They put me through hell!”

Here’s the ugly truth: The legal system has sovereign immunity and prosecutorial immunity built into it.

Sovereign immunity means you can’t sue the government (the State of Georgia, the DA’s office, the police) without their permission. And they rarely give permission.

Prosecutorial immunity means prosecutors generally can’t be sued for doing their jobs—even if they make mistakes, even if they’re wrong, even if they ruin your life.

The theory is that if prosecutors could be sued every time they lost a case, they’d be too scared to prosecute anyone. The system would grind to a halt.

I get the reasoning. But it also means innocent people pay the price.

What Can You Do?

If your case gets dismissed or you’re found not guilty, here are your realistic options:

1. Check if the new law applies

Did the prosecutor in your case get disqualified for misconduct? Did the case get dismissed after that? If yes, talk to your lawyer immediately about filing a motion for fees.

2. Pursue a civil rights claim (in rare cases)

If your constitutional rights were violated—like you were arrested without probable cause, or evidence was fabricated—you might have a federal civil rights claim under 42 U.S.C. § 1983.

But these cases are hard to win and expensive to pursue. You’ll need a different lawyer who specializes in civil rights litigation.

3. File a complaint

You can file a bar complaint against the prosecutor if they violated ethical rules. You can file a complaint with their office. You can complain to the media.

Will it get you your money back? No. But it might prevent them from doing it to someone else.

4. Move on

This is the answer nobody wants to hear, but it’s often the most realistic one.

You won your case. You’re not going to jail. You don’t have a conviction on your record. Sometimes, that has to be enough.

The Bigger Picture

Look, I think this new law is a step in the right direction. Prosecutors who commit misconduct should face consequences, and defendants who suffer because of that misconduct should be compensated.

But it doesn’t go far enough.

Every week, I see people who get arrested on flimsy evidence, who spend their life savings defending themselves, who eventually win—and walk away with nothing but debt and trauma.

That’s not justice. That’s just the system grinding people up and spitting them out.

Until Georgia (and every other state) creates broader protections for wrongfully accused defendants, the reality remains: Even when you win, you lose.