Should You Hire a Private Attorney for Criminal Mischief in Florida?
5,483 cases compared (2025) · Criminal Mischief outcomes statewide
Updated September 2026 · 2025 data
We compared 3,609 Criminal Mischief cases with public defenders against 1,874 cases with private attorneys across Florida (2025). Public defenders achieved a 1.0 percentage point higher dismissal rate.
Dismissal Rate by Counsel Type (2025)
Exhibit · Dismissal rate by counsel type (2025)
GapPublic defender clients' dismissal rate runs 1.0 points above private attorney clients.
Source: FDLE Criminal Justice Data Transparency · 5,483 cases · 2025 — FloridaCourtFile.com
Full Comparison: Public Defender vs Private Attorney (2025)
| Metric | Public Defender | Private Attorney | Self-Represented |
|---|---|---|---|
| Total Cases | 3,609 | 1,874 | 1,005 |
| Dismissal Rate | 2.2% | 1.2% | 3.0% |
| Conviction Rate | 83.7% | 76.3% | 87.9% |
| Guilty Rate | 66.4% | 50.5% | 67.4% |
| Adjudication Withheld | 17.3% | 25.8% | 20.5% |
| Diversion Rate | 8.5% | 19.1% | 6.9% |
| Avg Sentence | 6.6 months | 10.2 months | 5.8 months |
| Avg Fine | $251 | $333 | $200 |
| Avg Probation | 1 year, 9 months | 1 year, 12 months | 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 (2023-2025)
Counties where both public defenders and private attorneys handled 20+ Criminal Mischief cases (2023-2025).
| County | PD Cases | PD Dismissal | Private Cases | Private Dismissal | Difference |
|---|---|---|---|---|---|
| Miami-Dade | 1,727 | 2.0% | 602 | 0.5% | -1.5 pts |
| Hillsborough | 394 | 7.9% | 1,688 | 2.7% | -5.2 pts |
| Palm Beach | 1,209 | 1.5% | 468 | 0.2% | -1.3 pts |
| Duval | 1,070 | 0.7% | 294 | 0.0% | -0.7 pts |
| Orange | 910 | 4.8% | 265 | 3.0% | -1.8 pts |
| Volusia | 747 | 4.6% | 217 | 1.4% | -3.2 pts |
| Pasco | 563 | 1.4% | 216 | 0.0% | -1.4 pts |
| Polk | 536 | 3.7% | 231 | 0.4% | -3.3 pts |
| Leon | 466 | 3.9% | 131 | 1.5% | -2.4 pts |
| Seminole | 314 | 3.5% | 163 | 0.6% | -2.9 pts |
| Lake | 290 | 1.4% | 138 | 0.7% | -0.7 pts |
| Marion | 243 | 0.0% | 30 | 0.0% | 0.0 pts |
| St. Johns | 204 | 2.9% | 69 | 0.0% | -2.9 pts |
| Collier | 142 | 1.4% | 103 | 1.0% | -0.4 pts |
| St. Lucie | 149 | 5.4% | 70 | 0.0% | -5.4 pts |
| Bay | 159 | 0.6% | 42 | 0.0% | -0.6 pts |
| Manatee | 152 | 3.9% | 38 | 0.0% | -3.9 pts |
| Martin | 107 | 1.9% | 70 | 0.0% | -1.9 pts |
| Monroe | 52 | 0.0% | 102 | 0.0% | 0.0 pts |
| Okaloosa | 111 | 1.8% | 33 | 3.0% | +1.2 pts |
| Lee | 96 | 1.0% | 44 | 0.0% | -1.0 pts |
| Pinellas | 95 | 2.1% | 30 | 0.0% | -2.1 pts |
| Osceola | 82 | 4.9% | 22 | 4.5% | -0.4 pts |
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Frequently Asked Questions
Should you hire a private attorney for Criminal Mischief in Florida?
Based on 5,483 Criminal Mischief cases in Florida (2025), private attorney clients have a 1.2% dismissal rate compared to 2.2% for public defender clients. However, correlation is not causation — private attorney clients may have different case characteristics.
What is the conviction rate for Criminal Mischief with a public defender vs private attorney?
For Criminal Mischief in Florida, the conviction rate (guilty + adjudication withheld) is 83.7% with a public defender and 76.3% with a private attorney.
How does sentencing differ between public defenders and private attorneys for Criminal Mischief?
For Criminal Mischief cases with sentences imposed, the average sentence is 6.6 months with a public defender and 10.2 months with a private attorney. Average fines are $251 (PD) vs $333 (private).
Cite this page
FloridaCourtFile.com (2026). Criminal Mischief — Public Defender vs Private Attorney Outcomes in Florida (2025). Based on 5,483 public court records; last updated September 2026. https://www.floridacourtfile.com/counsel-outcomes/criminal-mischief
Conviction includes guilty pleas and adjudication withheld. Data covers 2023–2025 FDLE public court records. Last updated: September 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 · 5,483 cases analyzed · 2025 · Data last updated September 2026