Drug Possession in Volusia County, Florida

Drug possession cases in Volusia County result in conviction at notably higher rates than the statewide average. Nearly 70 percent of defendants are found guilty, while 25 percent receive adjudication withheld—a Florida outcome where the judge finds guilt but does not enter formal conviction, preserving the defendant's record. Combined, these outcomes account for 95 percent of cases. Volusia's dismissal rate of 1.1 percent falls slightly below the statewide average of 1.5 percent, and diversion programs resolve only 3.3 percent of cases compared to the statewide rate of 5.3 percent. This pattern suggests the State Attorney in Volusia's judicial circuit prioritizes prosecution and conviction over dismissal or diversion alternatives.

When defendants are sentenced, outcomes span a wide range. The median sentence is 35 days, but the average of nearly 180 days reflects cases involving longer prison or jail terms. Most defendants—72 percent—serve jail time rather than prison, and 10.7 percent receive prison sentences. The median probation term of nearly two years complements incarceration in most cases. Average fines reach approximately $7,500. Three-quarters of defendants are represented by public defenders, indicating most cannot afford private counsel.

1.1% of Drug Possession cases in Volusia County are dismissed, and 25.4% receive adjudication withheld. An attorney can review your situation — free, no obligation.

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15,291
Total Cases
69.8%
Guilty Rate
25.4%
Withheld Rate
1.1%
Dismissal Rate
6.0 months
Avg Sentence
Guilty
69.8% (10,672)
Withheld
25.4% (3,887)
Diversion
3.3% (510)
Dismissed
1.1% (170)
Acquitted
0.0% (6)
6.0 months
Avg Sentence
1.2 months
Median Sentence
2.0 years
Avg Probation
$7,479
Avg Fine
10.7%
Prison Rate
72.3%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 11,048 2.1 months
State Prison Facility 1,633 2.7 years
Confinement to Hospital Facility 1 23 days
11,408
Public Defender
72.0% guilty · 0.9% dismissed
2,054
Private Attorney
63.0% guilty · 0.7% dismissed
1,025
Self or Unrepresented
50.1% guilty · 4.3% dismissed
424
Conflict Counsel
75.0% guilty · 0.9% dismissed
378
Court Private or Assigned Counsel
87.8% 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 10,940 68.1% 1.4%
Black 4,116 74.9% 0.4%
Not Available 126 56.3% 2.4%
Asian 40 57.5% 0.0%
3.3%
Under 21
17.6%
21-29
33.9%
30-39
26.1%
40-49
13.1%
50-59
6.0%
60+
Year Cases Guilty Rate Dismissal Rate Avg Sentence
2023 4,651 65.6% 1.1% 6.8 months
2024 5,085 70.6% 1.2% 5.7 months
2025 5,555 72.6% 1.1% 5.5 months
Level Degree Cases
Misdemeanor First Degree 8,026
Felony Third Degree 6,916
Felony Second Degree 298
Felony First Degree 32
Misdemeanor Second Degree 19
Charge Cases Guilty Rate Dismissal Rate
Other 26,889 15.9% 51.3%
Traffic Offense 14,935 49.4% 5.4%
Battery 6,128 50.6% 3.1%
Larceny / Theft 4,676 63.3% 3.7%
Resisting Officer 4,313 67.1% 2.3%
Trespassing 3,956 77.7% 3.2%
Sex Offense 2,019 89.6% 3.3%
Fraud 1,990 65.3% 4.6%

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What is the guilty rate for Drug Possession in Volusia County?
The guilty rate is 69.8% based on 15,291 cases (2023-2025).
How often is adjudication withheld for Drug Possession in Volusia County?
Adjudication is withheld in 25.4% 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 Volusia County?
The average sentence is 6.0 months, with an average fine of $7,479.
What percentage use a public defender vs private attorney?
74.6% of defendants use a public defender, while 13.4% retain private counsel.

About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Volusia 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 · 15,291 cases · 2023-2025 · Data last updated March 2026