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.

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4,467
Total Cases
80.6%
Guilty Rate
11.2%
Withheld Rate
3.7%
Dismissal Rate
2.4 months
Avg Sentence
Guilty
80.6% (3,599)
Withheld
11.2% (501)
Diversion
2.4% (108)
Dismissed
3.7% (166)
Acquitted
0.1% (3)
2.4 months
Avg Sentence
1.0 months
Median Sentence
0 year, 12 months
Avg Probation
$124
Avg Fine
0.4%
Prison Rate
45.7%
Jail Rate
Confinement Type Count Avg Sentence
County Jail 2,041 2.1 months
State Prison Facility 17 2.6 years
2,547
Self or Unrepresented
83.9% guilty · 1.7% dismissed
1,222
Public Defender
80.4% guilty · 6.3% dismissed
304
Private Attorney
74.0% 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 2,788 81.3% 2.0%
Black 1,662 79.8% 6.6%
Asian 15 40.0% 6.7%
9.3%
Under 21
19.0%
21-29
25.6%
30-39
21.1%
40-49
13.2%
50-59
11.9%
60+
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
Level Degree Cases
Misdemeanor First Degree 3,436
Misdemeanor Second Degree 969
Felony Third Degree 62
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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What is the guilty rate for Trespassing in Polk County?
The guilty rate is 80.6% based on 4,467 cases (2023-2025).
How often is adjudication withheld for Trespassing in Polk County?
Adjudication is withheld in 11.2% 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 Trespassing in Polk County?
The average sentence is 2.4 months, with an average fine of $124.
What percentage use a public defender vs private attorney?
27.4% of defendants use a public defender, while 6.8% retain private counsel.

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