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Wallace Tetlow

Wallace Tetlow’s Answers

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  • Do not consume or posses any alcohol.Does this mean my husband cannot keep alcohol in the house?

    I am on probation and one of my terms is 'not to consume or possess any alcohol'. I understand I'm not supposed to drink, but my husband likes to have a few beers on the weekends in our garage with our friends. Does this mean he cannot have beer a...

    Wallace’s Answer

    In most states, the legal definition of "possess" is much broader than the way we typically think of the term. Legally speaking, you can be in "possession" of the beer in your garage by having the right to exercise control over the beer, even though the beer belongs to your husband, because you share the residence. "Possession" can be joint: you and your husband share the residence and the right to exercise control over the items, like the beer, in the residence. Technically speaking, you have joint possession over the beer in the garage.
    Having said that, I reccomend that you speak with your probation officer about this. If your probation officer is okay with your husband having his beer, he/she will not seek to revoke your probation because of it. The probation officer can monitor whether you are consuming alcohol with breath or urinalysis testing.

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