Should You Hire a Private Attorney for Criminal Mischief in Florida?

We compared 11,492 Criminal Mischief cases with public defenders against 4,895 cases with private attorneys across Florida (2023-2025). Public defenders achieved a 1.2 percentage point higher dismissal rate.

2.6%
PD Dismissal Rate
11,492 cases
1.4%
Private Attorney Dismissal Rate
4,895 cases
-1.2 pts
Dismissal Rate Difference
Facing Criminal Mischief charges in Florida?

Full Comparison: Public Defender vs Private Attorney

Metric Public Defender Private Attorney Self-Represented
Total Cases 11,492 4,895 3,279
Dismissal Rate 2.6% 1.4% 2.7%
Conviction Rate 84.9% 75.5% 88.5%
Guilty Rate 67.3% 49.3% 66.1%
Adjudication Withheld 17.6% 26.3% 22.4%
Diversion Rate 8.1% 20.6% 7.3%
Avg Sentence 7.2 months 9.6 months 5.3 months
Avg Fine $235.08 $307.24 $188.18
Avg Probation 1 year, 10 months 2.0 years 1 year, 2 months

Important context: Correlation is not causation. Private attorney clients may differ from public defender clients in income, prior criminal history, charge severity, and willingness to go to trial. These factors independently affect outcomes. Public defenders carry heavier caseloads but have deep institutional knowledge of local courts. This data is informational and does not constitute legal advice.

County-by-County Breakdown

Counties where both public defenders and private attorneys handled 20+ Criminal Mischief cases.

County PD Cases PD Dismissal Private Cases Private Dismissal Difference
Miami-Dade 1,730 2.0% 583 0.5% -1.5 pts
Hillsborough 823 4.6% 1,298 3.3% -1.3 pts
Palm Beach 1,204 1.5% 470 0.2% -1.3 pts
Duval 1,072 0.6% 296 0.0% -0.6 pts
Orange 917 4.9% 276 3.3% -1.6 pts
Volusia 755 4.5% 223 1.3% -3.2 pts
Pasco 576 1.4% 213 0.0% -1.4 pts
Polk 527 3.6% 224 0.4% -3.2 pts
Leon 463 3.9% 132 1.5% -2.4 pts
Seminole 319 3.4% 164 0.6% -2.8 pts
Lake 294 0.7% 138 0.7% 0.0 pts
Marion 244 0.0% 30 0.0% 0.0 pts
St. Johns 199 3.0% 73 0.0% -3.0 pts
Collier 143 1.4% 103 1.0% -0.4 pts
St. Lucie 151 5.3% 69 0.0% -5.3 pts
Bay 157 0.6% 44 0.0% -0.6 pts
Manatee 153 3.9% 38 0.0% -3.9 pts
Martin 108 1.9% 71 0.0% -1.9 pts
Lee 115 1.7% 51 0.0% -1.7 pts
Monroe 52 0.0% 114 0.0% 0.0 pts
Okaloosa 115 1.7% 33 3.0% +1.3 pts
Osceola 87 4.6% 22 4.5% -0.1 pts
Pinellas 69 0.0% 21 0.0% 0.0 pts

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Frequently Asked Questions

Based on 16,387 Criminal Mischief cases in Florida (2023-2025), private attorney clients have a 1.4% dismissal rate compared to 2.6% for public defender clients. However, correlation is not causation — private attorney clients may have different case characteristics.
For Criminal Mischief in Florida, the conviction rate (guilty + adjudication withheld) is 84.9% with a public defender and 75.5% with a private attorney.
For Criminal Mischief cases with sentences imposed, the average sentence is 7.2 months with a public defender and 9.6 months with a private attorney. Average fines are $235.08 (PD) vs $307.24 (private).

Conviction includes guilty pleas and adjudication withheld. Data covers 2023–2025 FDLE public court records. Last updated: March 2026

Important: Differences in outcomes between public defenders and private attorneys may reflect differences in case complexity, defendant resources, charge severity, and other factors — not solely attorney quality. These statistics do not predict individual case outcomes.

Source: FDLE Criminal Justice Data Transparency · 16,387 cases analyzed · 2023-2025 · Data last updated March 2026