ORLANDO, Fla. – Monique Worrell, the state attorney for Orange and Osceola counties, implemented a new policy this week that prohibits law enforcement agencies from forwarding certain criminal cases to her office that lack enough admissible evidence to justify an arrest.
Worrell said the new policy was prompted by law enforcement agencies sending thousands of “non-arrest” cases to her office that were not viable for prosecution due to an absence of independent witnesses, photos and videos of the crime, or identified victims.
“The time of our prosecutors is having to be spent in sifting through these cases, which delays justice for the community,” Worrell said.
Before forwarding most cases to the state attorney’s office for prosecution, law enforcement officers typically gather enough evidence to make an arrest immediately or to request an arrest warrant from a judge. In certain cases, law enforcement can issue a defendant an order to appear in court in lieu of arrest.
But in circumstances where evidence of probable cause may be insufficient, law enforcement officers will occasionally forward the criminal cases to the state attorney’s office for “review.”
Worrell’s office received more than 12,000 of such non-arrest cases in 2024, a majority of which her office said were “not viable for prosecution.”
“The time taken to review, investigate, and make charging decisions on these cases can take up to 1-2 years after the package is received,” policy documents state. “This process has delayed justice for our victims and defendants.”
Worrell said there are currently 13,500 non-arrest cases pending out of nearly 45,000 active cases within the Ninth Judicial Circuit.
Under Worrell’s new policy, which took effect April 1, the state attorney’s office will not accept certain cases from law enforcement without the agency first making an arrest or obtaining an arrest warrant.
Non-arrest cases that will not be accepted by the state attorney’s office include:
- Gun cases
- Violent felony offenses
- Defendants residing outside the county or state
- Mutual combatant cases with no injuries, witnesses or clear aggressor
- Violations of pretrial release, injunctions or stalking
- Misdemeanors not resulting in an arrest or a notice to appear in court
However, under the new policy, the state attorney will continue to accept other types of non-arrest cases such as:
- Homicides (including traffic homicides)
- Sex crimes
- Human trafficking
- Child abuse
- Drug trafficking offenses
- Animal cruelty
- Certain economic crimes
- Elderly exploitation, identity theft, insurance fraud, money laundering, bribery
- Civil citations
“The State Attorney’s Office is responsible for reviewing and charging cases that are suitable for prosecution—meaning there is sufficient evidence to prove guilt beyond a reasonable doubt,” the policy states. “If law enforcement cannot collect enough evidence to establish probable cause, there is likely insufficient evidence for prosecution.”
The state attorney policy encourages law enforcement officers to contact an on-call prosecutor for guidance or subpoena assistance.
A spokesperson for the Orange County Sheriff’s Office sent this statement to News 6:
“The Orange County Sheriff’s Office received notice of the new policy last week and we do have some concerns. We asked the State Attorney’s Office to pause on the new policy so we could address those concerns, but the SAO declined and said they were moving forward with the new policy.
“We are not supportive of the policy in its current form as it could deny prosecution in some domestic violence and firearms cases and deny justice to some victims of those crimes. To ensure the safety of our residents and visitors, the Orange County Sheriff’s Office intends to continue sending misdemeanor, non-arrest cases to the State Attorney’s Office when appropriate. We would welcome the opportunity for true collaboration in this matter.”
Orange County Sheriff's Office spokesperson
Worrell says this has been a years-long issue for the state attorney’s office.
“I was looking at an article today that was written back in 2013 that was talking about the backlog of cases in the state attorney’s office, and it referred to non-arrest cases as the culprit of that backlog. And that was when Jeff Ashton took over the office in 2013. Since that time, the problem still exists," Worrell said.
Worrell was suspended by Gov. Ron DeSantis in 2023, who accused her of not prosecuting cases according to Florida law, a charge Worrell disputed.
In her place, DeSantis appointed Andrew Bain. In Bain’s administration, Worrell said the number of non-arrest cases went up.
Worrell returned to office after beating Bain in the November election.
“We are asking, and enthusiastically looking forward to, collaborating with our law enforcement partners to build the best cases possible so that when that day comes into our office, we can get right to prosecuting it and delivering justice for the community," Worrell said.
Late Thursday night, Florida Attorney General James Uthmeier weighed in on Worrell’s new policy announcement.
“Prosecutors play a vital role in keeping the community safe and pursuing justice,” Uthmeier posted on X. “And Soros-backed prosecutors do not have the right to put Floridians at risk. The blanket policies announced by Monique Worrell are contrary to the essential duties of a prosecutor.”
He went on to write that state law gives him “general supervisory authority” of Worrell’s office.
“I will direct my office to review her policies and their impact on public safety,” he said. “We will use every tool available to step in and protect the people of Central Florida.”
In response to Worrell’s unveiling of the policy, the CEO of Harbor House contacted the State Attorney’s office to ask for a meeting seeking clarification.
“I want to make sure that [victims] feel like their case and what they’ve experienced is taken seriously and that as a system, we’re going to be able to respond to,” said Michelle Sperzel, who through her organization works with victims of domestic violence.
Sperzel spoke to News 6 Thursday night and stressed that the state attorney’s office and law enforcement agencies in the area have been invaluable partners. Her close relationship with Worrell’s office gives her hope that a conversation will bear fruit.
“In domestic violence cases, sometimes people don’t get arrested,” Sperzel noted. “Strangulation is something that might not show right away, and it might show up later with a bruise behind the ear. So that’s an instance. Another one would be technology and stalking, where it’s really hard to show the evidence right away or show who it is who’s actually doing it.”
