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My question involves criminal law for the state of: florida /polk county my 21 year old was stopped for no taillights and consented to the search of his vehicle the sheriff found artificial mariuana container and synthetic mariuana roaches and paraphanalia the amount was under 20 g he has never been in trouble before and the fake drugs were bought over the counter at a local gas station can he get out of doing jail time and recieve another type of punishment
Can you go to jail for committing a crime? Yes, you can.
Are there other possibilities, particularly for a first time offender? Yes, there are. Polk County has a drug court for which he is likely eligible, and if he receives and successfully completes a deferred disposition through that court he can avoid a criminal conviction.
The answer to your question depends on what you are charged with. Do you know what your son was arrested for? (What are the specific charges)? Was he charged with possession of marijuana, or was he charged with possession of paraphernalia? The pipes, rolling papers, or other instruments used to smoke this 'fake weed' might still be considered paraphernalia, even though the drugs he possessed were not real.