Trespassing in Polk County, Florida
In Polk County, trespassing cases result in guilty verdicts in roughly 81 percent of prosecutions, a conviction rate well above what diversion or dismissal might suggest. The withheld adjudication rate of 11.2 percent tracks closely with the statewide average of 11.5 percent, meaning about one in nine defendants avoid a formal conviction record despite judicial findings of guilt. Dismissals occur in only 3.7 percent of cases, essentially matching the statewide rate of 3.8 percent. The low diversion rate of 2.4 percent—compared to a statewide average of 3.1 percent—indicates that Polk County's State Attorney pursues traditional prosecution over alternative programs in trespassing cases more aggressively than the state norm.
Sentences are typically light: the median of 30 days contrasts with a mean of 71 days, suggesting most defendants receive shorter terms with some facing significantly longer ones. Nearly 46 percent of defendants spend time in jail, while prison confinement remains rare at 0.4 percent. Probation averages just over a year when imposed. Public defenders handle the majority of cases at 27.4 percent, with private counsel appearing in only 6.8 percent of prosecutions, reflecting the charge's lower economic stakes.
3.7% of Trespassing cases in Polk County are dismissed, and 11.2% receive adjudication withheld. An attorney can review your situation — free, no obligation.
Ask a Polk County attorney — freeOutcome Breakdown
Sentencing Breakdown
| Confinement Type | Count | Avg Sentence |
|---|---|---|
| County Jail | 2,041 | 2.1 months |
| State Prison Facility | 17 | 2.6 years |
Counsel Analysis
Demographics
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 | 2,788 | 81.3% | 2.0% |
| Black | 1,662 | 79.8% | 6.6% |
| Asian | 15 | 40.0% | 6.7% |
Age Distribution
Year-Over-Year Trends
| Year | Cases | Guilty Rate | Dismissal Rate | Avg Sentence |
|---|---|---|---|---|
| 2023 | 1,371 | 82.3% | 2.9% | 2.2 months |
| 2024 | 1,608 | 82.3% | 4.7% | 2.4 months |
| 2025 | 1,488 | 77.0% | 3.4% | 2.5 months |
Charge Level Breakdown
| Level | Degree | Cases |
|---|---|---|
| Misdemeanor | First Degree | 3,436 |
| Misdemeanor | Second Degree | 969 |
| Felony | Third Degree | 62 |
Related Charges in Polk County
| Charge | Cases | Guilty Rate | Dismissal Rate |
|---|---|---|---|
| Traffic Offense | 24,337 | 49.3% | 0.2% |
| Drug Possession | 17,533 | 79.4% | 0.2% |
| Other | 8,162 | 43.2% | 4.2% |
| Larceny / Theft | 7,849 | 67.0% | 0.6% |
| Resisting Officer | 6,824 | 77.3% | 1.3% |
| Battery | 5,519 | 61.5% | 2.4% |
| DUI | 2,665 | 97.8% | 0.8% |
| Sex Offense | 2,588 | 57.3% | 0.6% |
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Frequently Asked Questions
About this data: Statistics are derived from FDLE Criminal Justice Data Transparency records for Polk 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 · 4,467 cases · 2023-2025 · Data last updated March 2026