Drug Possession in Lee County, Florida

Drug possession cases in Lee County result in conviction at notably higher rates than statewide averages. Nearly 80 percent of defendants are found guilty, with an additional 16 percent receiving adjudication withheld—a Florida-specific outcome where the judge finds guilt but avoids formal conviction, protecting the defendant's record. Combined, 95.8 percent of cases end in a guilty finding or withheld judgment. Lee County's dismissal rate of just 0.2 percent trails the statewide average of 1.5 percent by 1.3 percentage points, suggesting the State Attorney's office pursues these charges aggressively. The county's diversion rate of 3.4 percent also falls below the statewide average of 5.3 percent, meaning fewer defendants access pre-trial programs that could allow them to avoid conviction entirely.

Among convicted defendants, sentences are substantial. The average sentence spans 437 days, though the median of 180 days indicates many receive shorter terms while some face significantly longer ones. Over half of defendants face incarceration—13.2 percent in prison and 40.4 percent in jail. Probation is common, averaging 589 days. Public defenders handled 18.3 percent of cases, more than double the rate of private attorneys at 9.5 percent, reflecting the financial barriers many defendants face.

0.2% of Drug Possession cases in Lee County are dismissed, and 16.4% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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5,953
Total Cases
79.4%
Guilty Rate
16.4%
Withheld Rate
0.2%
Dismissal Rate
1 year, 2 months
Avg Sentence
Guilty
79.4% (4,728)
Withheld
16.4% (978)
Diversion
3.4% (204)
Dismissed
0.2% (9)
Acquitted
0.2% (13)
1 year, 2 months
Avg Sentence
6.0 months
Median Sentence
1 year, 7 months
Avg Probation
13.2%
Prison Rate
40.4%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 2,403 4.9 months
State Prison Facility 783 3.6 years
1,091
Public Defender
72.7% guilty · 0.1% dismissed
567
Private Attorney
70.2% guilty · 0.0% dismissed
78
Court Private or Assigned Counsel
89.7% guilty · 0.0% dismissed
15
Self or Unrepresented
80.0% guilty · 0.0% dismissed

Demographic data reflects systemic patterns in the criminal justice system and should not be used to draw conclusions about any racial or ethnic group. Disparities may reflect differences in policing, prosecution, and socioeconomic factors rather than actual crime rates.

Race Cases Guilty Rate Dismissal Rate
White 4,392 78.5% 0.1%
Black 1,457 83.3% 0.2%
Asian 19 84.2% 0.0%
3.8%
Under 21
19.8%
21-29
36.7%
30-39
26.3%
40-49
10.1%
50-59
3.5%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 1,816 84.4% 0.2% 1 year, 3 months
2024 2,055 80.8% 0.1% 1 year
2025 2,082 73.8% 0.1% 1 year, 3 months
Level Degree Cases
Felony Third Degree 3,820
Misdemeanor First Degree 1,831
Felony Second Degree 294
Felony First Degree 7
Misdemeanor Second Degree 1
Charge Cases Guilty Rate Dismissal Rate
Traffic Offense 5,651 78.7% 0.1%
DUI 3,521 98.2% 0.6%
Larceny / Theft 2,186 81.9% 0.5%
Resisting Officer 1,991 85.2% 1.6%
Battery 1,752 69.5% 1.8%
Trespassing 1,425 88.0% 4.5%
Other 1,124 70.6% 1.5%
Burglary 646 76.0% 0.8%

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What is the guilty rate for Drug Possession in Lee County?
The guilty rate is 79.4% based on 5,953 cases (2023-2025).
How often is adjudication withheld for Drug Possession in Lee County?
Adjudication is withheld in 16.4% 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 Lee County?
The average sentence is 1 year, 2 months.
What percentage use a public defender vs private attorney?
18.3% of defendants use a public defender, while 9.5% retain private counsel.

About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Lee 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 · 5,953 cases · 2023-2025 · Data last updated March 2026