The mission of the Public Information Office is to provide accurate information to citizens and the media in a timely manner. Dedicated to promoting and supporting various functions within the SAO, the office also provides information on services and initiatives.
If you are a member of the media and have a public records request or inquiry, please email mediarecordsrequest@sao9.org. Include the case number and name of the defendant when possible.
For all other requests (i.e. statements, questions, or interview requests) please email our Public Information Officer, Eryka Washington, at ewashington@sao9.org, or contact by phone at (407) 836-2497.
All non-media requests for public records, please visit our Public Records Request Page.
If you are a member of the media and have a public records request or inquiry, please email mediarecordsrequest@sao9.org. Include the case number and name of the defendant when possible.
For all other requests (i.e. statements, questions, or interview requests) please email our Public Information Officer, Eryka Washington, at ewashington@sao9.org, or contact by phone at (407) 836-2497.
All non-media requests for public records, please visit our Public Records Request Page.
Press Releases & Announcements
STATE ATTORNEY AYALA INSTITUTES BAIL REFORM POLICY TO PROTECT PUBLIC SAFETY AND END THE ‘POVERTY PENALTY’
Policy Effectuates Florida Law Requiring Individuals Charged with Non-Dangerous Offenses and Posing No Public Safety Risk Be Released Without Having to Pay Money
ORLANDO, May 16, 2018 – State Attorney Aramis Ayala announced today that her administration will begin recommending non monetary release for people who do not present a threat of violence or risk of flight. If an individual is not a threat to the community, and there is no indication he or she will not appear at future court dates, then bail is not only unnecessary, it is contrary to Florida law. Under the new policy, prosecutors in the Ninth Judicial Circuit Court will no longer request monetary bond for people charged with low-level crimes such as possession of marijuana or driving with a suspended license. The new policy is in keeping with the letter and spirit of Florida law, which explicitly calls for “a presumption in favor of release on non monetary conditions” for non-dangerous offenses.
“Economic bias has no place in our justice system,” said State Attorney Ayala. “By primarily relying on money, our bail system has created a poverty penalty that unjustifiably discriminates against those without resources to pay. Our focus must be on public safety, not on wealth.”
The numbers of the people effected by current practices are substantial. In Orange County, over 75 percent of people held in the county jail are awaiting trial, many of whom are in custody because they cannot afford to post bail. In January 2018, Orange County held an average of 2,360 people each day, of which 1806 (76%) were awaiting trial.
Research shows that pretrial detention can have a devastating impact on employment, housing and health. The inability to post monetary bail also may induce innocent people to plead guilty, simply so they can be released from jail and return home. Incarcerating individuals who are awaiting trial is extremely costly to taxpayers, and under the current custom, people of color have borne the heaviest burden due to historical discrimination, contemporary bias, and unequal resources. Our current bail practices unfairly and unjustifiably base freedom not on the basis of concern for public safety or flight risk, but on ability to pay. Too often people are detained pre-trial simply because they cannot afford to purchase their freedom.
“There is a national movement toward non monetary bond,” says Fred Lauten, Chief Judge 9th Judicial Circuit. “One of the issues with monetary release is it benefits the wealthy while it is an impediment to people with lesser means.”
Perversely, the system’s current reliance on monetary bail allows people accused of dangerous offenses to purchase their way back into freedom, while poor people accused of lower level offenses who pose no safety risk sit in jail.
This office’s review and analysis of bail practices revealed that in many counties throughout the State, including Orange and Osceola, monetary bail is routinely imposed in almost every case, for every type of offense, and with no affirmative showing or finding of individualized public safety concerns. That must change.
Therefore, starting June 1, 2018, State Attorney Ayala’s office will be fully committed to following the letter and spirit of the law regarding pretrial release.
Recognizance Release
When Orange and Osceola County residents are arrested on the following crimes, prosecutors will advocate for those individuals to be released on their own recognizance:
*ROR shall not be advocated for any person charged with any crime associated with domestic violence, stalking, firearms, and dangerous felonies (as defined by Florida Statute 903.046(1)).
Pretrial Release
Pretrial release provides nonmonetary release conditions and supervision to people charged with a crime. It eliminates unreasonable financial burden.
When a person is arrested on a criminal charge not listed above, and that crime is not identified by Florida Statute as a dangerous crime, the State will advocate for supervision by Pretrial Services, without any monetary bail. In each case, given the circumstances of the offense and the record of the person charged, the State will suggest to the court any conditions of pre-trial release believed to be necessary to protect public safety, the integrity of the judicial process, and to ensure the person’sappearance in court.
*Nonmonetary Pretrial Release shall not be advocated for any person charged with any crime associated with domestic violence, stalking, firearms, and dangerous felonies (as defined by Florida Statute).
Special Considerations
When the following factors are made known, they will be properly considered and may result in the State advocating for more stringent release conditions:
Through these changes and this approach, we can fully implement Florida law related to bail and further promote fairness, accountability, and safety.
“Economic bias has no place in our justice system,” said State Attorney Ayala. “By primarily relying on money, our bail system has created a poverty penalty that unjustifiably discriminates against those without resources to pay. Our focus must be on public safety, not on wealth.”
The numbers of the people effected by current practices are substantial. In Orange County, over 75 percent of people held in the county jail are awaiting trial, many of whom are in custody because they cannot afford to post bail. In January 2018, Orange County held an average of 2,360 people each day, of which 1806 (76%) were awaiting trial.
Research shows that pretrial detention can have a devastating impact on employment, housing and health. The inability to post monetary bail also may induce innocent people to plead guilty, simply so they can be released from jail and return home. Incarcerating individuals who are awaiting trial is extremely costly to taxpayers, and under the current custom, people of color have borne the heaviest burden due to historical discrimination, contemporary bias, and unequal resources. Our current bail practices unfairly and unjustifiably base freedom not on the basis of concern for public safety or flight risk, but on ability to pay. Too often people are detained pre-trial simply because they cannot afford to purchase their freedom.
“There is a national movement toward non monetary bond,” says Fred Lauten, Chief Judge 9th Judicial Circuit. “One of the issues with monetary release is it benefits the wealthy while it is an impediment to people with lesser means.”
Perversely, the system’s current reliance on monetary bail allows people accused of dangerous offenses to purchase their way back into freedom, while poor people accused of lower level offenses who pose no safety risk sit in jail.
This office’s review and analysis of bail practices revealed that in many counties throughout the State, including Orange and Osceola, monetary bail is routinely imposed in almost every case, for every type of offense, and with no affirmative showing or finding of individualized public safety concerns. That must change.
Therefore, starting June 1, 2018, State Attorney Ayala’s office will be fully committed to following the letter and spirit of the law regarding pretrial release.
Recognizance Release
When Orange and Osceola County residents are arrested on the following crimes, prosecutors will advocate for those individuals to be released on their own recognizance:
- Possession of cannabis less than 20 grams
- Possession of drug paraphernalia
- Driving while license suspended
- No valid Driver’s License
- Attaching Tag Not Assigned
- No vehicle registration
- Disorderly intoxication/conduct
- Panhandling
- Loitering
*ROR shall not be advocated for any person charged with any crime associated with domestic violence, stalking, firearms, and dangerous felonies (as defined by Florida Statute 903.046(1)).
Pretrial Release
Pretrial release provides nonmonetary release conditions and supervision to people charged with a crime. It eliminates unreasonable financial burden.
When a person is arrested on a criminal charge not listed above, and that crime is not identified by Florida Statute as a dangerous crime, the State will advocate for supervision by Pretrial Services, without any monetary bail. In each case, given the circumstances of the offense and the record of the person charged, the State will suggest to the court any conditions of pre-trial release believed to be necessary to protect public safety, the integrity of the judicial process, and to ensure the person’sappearance in court.
*Nonmonetary Pretrial Release shall not be advocated for any person charged with any crime associated with domestic violence, stalking, firearms, and dangerous felonies (as defined by Florida Statute).
Special Considerations
When the following factors are made known, they will be properly considered and may result in the State advocating for more stringent release conditions:
- A record of willful or other relevant failures to appear in court;
- A relevant record of prior violations of release;
- A past conviction involving the use/threat of physical violence;
- The existence of other unresolved criminal matters;
- The existence of public or confidential information or other circumstances that suggest nonmonetary release would be inappropriate.
Through these changes and this approach, we can fully implement Florida law related to bail and further promote fairness, accountability, and safety.