Filing # 51265310 E-Filed 01/17/2017 03:38:21 PM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,

IN AND FOR ORANGE COUNTY, FLORIDA
STATE OF FLORIDA,

CASE NUMBER: 2017-CF-000452-A-O

Plaintiff,
v.
LAKENSHA SMITH-LOYD,
Defendant.
/
DEFENDANTS MOTION TO MODIFY CONDITIONS OF PRETRIAL RELEASE
COMES NOW the Defendant, Lakensha Smith-Loyd, by and through her undersigned
attorney, pursuant to Florida Rule of Criminal Procedure 3.131(d), and moves this Honorable
Court to enter an Order modifying the Defendants condition of release. In support of this
motion, the Defendant states as follows:
1.

On January 11, 2017 the Ms. Smith-Loyd was arrested for Accessory After the

Fact to a Life or First Degree Felony, a second degree felony.

2.

At Ms. Smith-Loyds first appearance, the Court set a monetary bond in the

amount of $750,000.00.
3.

Ms. Smith-Loyd was born and raised in Orange County, Florida and has resided

in Orange County her entire life.

4.

Ms. Smith-Loyd has three young children and is the sole provider for them.

5.

Ms. Smith-Loyd has many family ties to the community, including her mother

and father who reside together within the Central Florida area.

6.

Before Ms. Smith-Loyds incarceration she was helping to care for her

grandmother as well as her great-grandmother, both of whom have been struggling with their
health.
7.

In addition, Ms. Smith-Loyd had just started a job in December 2016, working on

an as needed basis at Camping World Stadium, making approximately $9.00/hour.

8.

Prior to Ms. Smith-Loyds incarceration, she was living in subsidized housing and

receiving food stamps.

9.

Ms. Smith-Loyd has no prior criminal convictions.

ARGUMENTS AND APPLICABLE LAW

Unless charged with a capital offense or an offense punishable by life imprisonment and
the proof of guilt is evident or the presumption is great, every person charged with a crime or
violation of municipal or county ordinance shall be entitled to pretrial release on reasonable
conditions. Florida Rule of Criminal Procedure 3.131(a). In determining whether to release a
defendant on bail, or other conditions, and what that bail or those conditions may be, the court
may consider some of the following factors:
(1) The nature and circumstances of the offense charged and the penalty provided
by law
Ms. Smith-Loyd was arrested by the Orange County Sheriffs Office and charged with
Accessory After the Fact to a Life or First Degree Felony. This charge is a second degree nonviolent felony offense, which carries a maximum penalty of 15 years in state prison, however
there is no mandatory minimum prison sentence.

(2) The weight of the evidence against the accused

According to the one page arrest affidavit filed in Ms. Smith-Loyds case, the State of
Floridas case relies, in part, on the testimony of Zarghee Mayan. Mr. Mayan has also been
arrested and charged with Accessory After the Fact and according to the arrest affidavit filed in
Mr. Mayans case, Mr. Mayan has made inconsistent statements as it relates to Ms. Smith-Loyd
and her alleged involvement.
(3) The accuseds family ties and length of residence in the community
As previously stated, Ms. Smith-Loyd is a life long resident of Orange County and has
many family ties to Central Florida, including her mother, father, grandmothers, aunts, uncles,
and three young children.
(4) Financial resources and source of funds to post bail
Ms. Smith-Loyd does not own a home, in fact, she is currently living in subsidized
housing paying no rent. Although she owns a 1996 Toyota Corolla, it was totaled in an
accident. Ms. Smith-Loyd does not have a savings account nor any other asset which can be
used to post bond. Currently Ms. Smith-Loyds only source of income comes from food stamps
and the small amount of earnings she makes on a part-time, as needed, basis. If given a
reasonable bond, Ms. Smith-Loyd would be relying completely on family members to post her
bond as she does not have the financial ability to post any sort of monetary bond.
(5) The accuseds past or present conduct, including any record of convictions
Ms. Smith-Loyd has no criminal convictions of any kind. According to the Assistant
State Attorney at First Appearance, Ms. Smith-Loyd has only been previously arrested for
Uttering a Forged Check in Orange County, Florida, however a No Information was filed by the
State Attorneys Office.

(6) Previous flight to avoid prosecution/failure to appear at court proceedings and

whether the accused is already on supervised release or on probation
Ms. Smith-Loyd has never failed to appear for any court proceeding nor is she out on
bond or on community supervision for any other criminal offense.
Depending on the financial resources of the defendant, excessive bail is tantamount to no
bail. Good v. Wille, 382 So.2d 408 (Fla. 4th DCA 1980). A Defendant is entitled to a
reasonable bail which brings into focus the financial circumstances of the defendant. Id.
Currently, Ms. Smith-Loyd is being held on a $750,000.00 bond as outlined above, is essentially
indigent and herself is absolutely financially unable to post a bond in any amount.
By virtue of the basic freedoms and rights contained in the United States Constitution and
the Florida State Constitution, Ms. Smith-Loyd is presumed innocent of the charges pending
against her. As such, she is entitled to the least restrictive conditions of bond to insure her
appearance at any future court proceeding in this case.
WHEREFORE, Ms. Smith-Loyd requests this Honorable Court enter an order
modifying the conditions of her release setting a monetary bond in the amount of $5,000.00.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by email to Kelly Hicks, Assistant State Attorney, Office of the State Attorney, khicks@sao9.org
and division20@sao9.org, this 17th day of January, 2017.
/s/ Carrie L. Rentz
CARRIE L. RENTZ
Attorney for the Defendant
Florida Bar Number: 0715441
P.O. Box 1113
Winter Park, Florida 32790
(407) 900-2600 Phone
(407) 900-2601 Fax