Drug Possession in Brevard County, Florida

In Brevard County, drug possession cases result in guilty verdicts at a notably high rate of 72.5 percent, with an additional 24.2 percent receiving adjudication withheld—meaning nearly 97 percent of cases end in some form of guilt finding. This contrasts sharply with statewide patterns where withheld adjudications occur in just 17.4 percent of drug cases and dismissals happen twice as often as in Brevard. The county's diversion rate of 1.4 percent is substantially lower than the statewide average of 5.3 percent, indicating that Brevard's State Attorney's office pursues traditional prosecution over alternative resolution paths more aggressively than most Florida counties. Dismissals occur in less than 1 percent of Brevard cases, running below the statewide rate.

Defendants convicted in Brevard face median jail sentences of 52 days alongside an average of 595 days of probation, though some receive significantly longer terms averaging 175.5 days. Confinement is common: 63.1 percent receive jail time and 6.5 percent receive prison sentences. Public defenders handle over one-quarter of cases, reflecting the financial circumstances of most defendants facing these charges in the county.

0.8% of Drug Possession cases in Brevard County are dismissed, and 24.2% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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2,070
Total Cases
72.5%
Guilty Rate
24.2%
Withheld Rate
0.8%
Dismissal Rate
5.8 months
Avg Sentence
Guilty
72.5% (1,500)
Withheld
24.2% (500)
Diversion
1.4% (28)
Dismissed
0.8% (17)
Acquitted
0.2% (4)
5.8 months
Avg Sentence
1.7 months
Median Sentence
1 year, 8 months
Avg Probation
6.5%
Prison Rate
63.1%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 1,306 2.9 months
State Prison Facility 134 2.8 years
556
Public Defender
81.3% guilty · 0.2% dismissed
185
Private Attorney
61.1% guilty · 1.1% dismissed
80
Court Private or Assigned Counsel
85.0% guilty · 1.2% dismissed
2.6%
Under 21
16.3%
21-29
34.3%
30-39
25.9%
40-49
14.0%
50-59
6.9%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 481 68.0% 0.6% 6.4 months
2024 886 71.3% 0.9% 5.7 months
2025 703 77.0% 0.9% 5.6 months
Level Degree Cases
NULL NULL 2,070
Charge Cases Guilty Rate Dismissal Rate
Traffic Offense 4,553 68.7% 1.7%
Other 3,158 28.3% 29.4%
Larceny / Theft 1,623 65.6% 0.6%
DUI 1,533 59.7% 0.9%
Trespassing 1,103 83.7% 0.6%
Battery 1,080 59.7% 2.1%
Contempt of Court 1,011 11.4% 84.9%
Resisting Officer 692 68.4% 1.3%

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What is the guilty rate for Drug Possession in Brevard County?
The guilty rate is 72.5% based on 2,070 cases (2023-2025).
How often is adjudication withheld for Drug Possession in Brevard County?
Adjudication is withheld in 24.2% of cases. This is a Florida-specific outcome where the court finds guilt but does not formally convict, allowing the defendant to avoid a conviction record under FL Statute 948.01.
What is the average sentence for Drug Possession in Brevard County?
The average sentence is 5.8 months.
What percentage use a public defender vs private attorney?
26.9% of defendants use a public defender, while 8.9% retain private counsel.

About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Brevard County. "Guilty" includes all cases where the defendant was found guilty. "Adjudication withheld" is a Florida-specific disposition where guilt is found but the court withholds formal adjudication under FL Statute 948.01. "Dismissed" includes all cases dismissed by the court or prosecution.

Source: FDLE Criminal Justice Data Transparency · 2,070 cases · 2023-2025 · Data last updated March 2026