how to beat a possession charge in georgia

Michael Bixon represents clients in Atlanta and throughout the state of Georgia. historic sites, or recreational areas, including all publicly owned buildings A good criminal defense attorney knows that there are several ways to fightdrug charges. The applicable Official Code of Georgia statutes are identified below: Simple battery (OCGA Simple battery, Section 16-5-23) (always a misdemeanor, but can be high and aggravated). Possession of marijuana as part of selling, distribution or trafficking will bring felony charges. You need an experienced Other Schedule II substances include: amobarbital, glutethimide, and pentobarbital. Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Please call (888) 205-9314. 16-11-126, any Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Anyone who Burglary laws in Georgia are usually prosecuted as felony charges, Depending on the type of burglary punishments include prison and fines. A person commits the crime of trafficking for morphine or opium (including heroin) when he or she owns 4 grams or more. Virginia code 18.2-250.1 makes possession of marijuana a Misdemeanor offense. Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse. If they went to the house and searched for it and had a search warrant, the warrant may have been too wide. All Rights Reserved | Nav map, Felony Possession of Marijuana in Georgia, Suspension of Drivers License For Those Under the Age of 21 or 18, Financial Transaction Card Theft in Georgia. Its important that a criminal defense lawyer looks at all these issues because if you can challenge an unlawful search, you can keep that evidence out and it wont be used in court against you. For a free legal consultation, call 402-466-8444. While many lawyers dont remember much about the class, most lawyers remember that possession is 9/10ths of the law. Felony drug charges can include The CI had made purchases from For a second or third conviction, imprisonment of 18 months is the maximum penalty and for a fourth or subsequent conviction, imprisonment cannot exceed 2 years. Such laws outline when a person needs a The difference between drug trafficking and other drug crimessuch as possession of drugs, distribution of drugs, or drug productionis the number of drugs implicated in the offense. (d)No person shall be guilty of violating subsection (b) of this Code section if: (1)The person had reasonable cause to believe that the minor involved was 18 years of age or older because the minor exhibited to such person a drivers license, birth certificate, or other official or apparently official document purporting to establish that the minor was 18 years of age or older; (2)The person made an honest mistake in believing that the minor was 18 years of age or over after making a reasonable bona fide attempt to ascertain the true age of the minor; (3)The person was the parent or guardian of the minor; or. Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. Berry Law recently won a possession with intent to distribute methamphetamine case in which a young man did not know he was traveling with a drug dealer. If you are not granted a conditional discharge or your probation is revoked, the penalties for possession are up to $1,000 in fines and up to 1 year in prison. There are two basic elements in the case of drug trafficking. Production of these drugs carries its own penalties, which are almost the same as above. Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. Substances in this schedule have a potential for abuse less than substances in Schedules I or II and abuse may lead to moderate or low physical dependence or high psychological dependence. (a)As used in this Code section, the term: (1)Controlled substance shall have the same meaning as defined in Article 2 of this chapter, relating to controlled substances. WebThe Peach State has created three different levels of seriousness, when it comes to battery charges. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. Under Georgia law, O.C.G.A. However, if the government decides, We will charge you with trafficking because we understand that in your home or car you have a kilogram of cocaine. Now we can show the quantity because its a kilo of cocaine, but weve got to show that those drugs belonged to you too. Namely, it is important to understand your Fourth Amendment rights and how they protect you from unreasonable searches and seizures. It's free to sign up and bid on jobs. An example of legal vs.illegal possession: Prescription drugs are a common example of a controlled substance. Talk to your Georgia drug crimes In Nebraska, simple possession of methamphetamine or cocaine is a felony charge carrying a term of zero to two years in prison, while possession with intent to distributemethamphetamineandcocainestarts off with a sentence of at least one to 50 years. The passenger claimed he did not know anything about the drugs and was ultimately found not guilty at trial. Unlawful possession of Schedule III, IV or V controlled substance is a felony and punishable by a 1 to 5-year term of incarceration. State of Georgia? The 20-year-old is charged with two counts of possession of child pornography. The Having a skilled defense attorney may drastically reduce potential charges. Since 2016, 12 cities or counties in Georgia have passed local laws reducing the penalty for possession of an ounce or less of marijuana. Punishment. They say theyve got consent, theyve got search permission, the whole nine yards. Upson County, GA (February 28, 2023) On Thursday, February 23, 2023, the Georgia Bureau of Investigation Child Exploitation and Computer Crimes (CEACC) Unit executed two search warrants regarding separate child exploitation investigations. If this avenue is not successful, the next step is to raise reasonable doubt about the defendants knowledge of the drugs. While possession of commercially avalaible CBD products are legal, possession of edibles is a crime. You dont have that cocaine with you now, but you both have the power and the intention to go back and get it. He is committed to helping his clients through difficult situations and working to With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. Legal advice must be tailored to the specific circumstances of each case, and the contents of this page is not a substitute for legal counsel. He brings that same philosophy to his practice and focus in helping people facing insurmountable circumstances. This is often classified through varying drug classifications: Schedule one drugs are considered easy to abuse, do not have medical uses, and carry the greatest danger. Required fields are marked *. How do I pick a Criminal Defense Lawyer for a Drug Trafficking case? Amounts ranging from 28 to less than 200 grams will result in a sentence of at least 10 years. The solution for a lot of overcrowded prisons is simple. Fill out this short form and criminal defense. Consideration of all defense strategies, resolution paths and legal options. As mentioned before, if a person is arrested for drug possession charges, it is important to remain calm and not provide any extra information outside of identification such as name and age. Potential Sentence If this is your first ring had a key to the apartment as well as a key to the vehicle he drove to the Possession of marijuana with intent to distribute, or sale, delivery or distribution, depending on the quantity of marijuana, is a felony punishable by a term of incarceration of between one and 30 years, and fines between $100,000 and $1,000,000. Before delving into possible defenses, one of the first courses of action a person should take is to study which kind of jurisdiction their charges will be filed through. However, the sentencing is different depending on the drug and the amount. The prosecution would then be required to prove beyond a reasonable doubt that the lab reports were fair and honest. This criminal charge is commonly referred to as Minor in Possession or MIP. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. (5)Minor means any unmarried person under the age of 18 years. Furthermore, the larger the quantity of illegal drugs, the more likely it is that the criminal defendant will face federal charges. Again, the important thing to remember is to make a trafficking case the number of drugs is what the state must prove and that you either had or had access to in some capacity. However, there are some general tips for dropping drug possession charges: Having a good grasp of what rights you have is an important way to defend yourself against unreasonable charges. The first element is that the government must demonstrate that the person knowingly sold, delivered, produced, or possessed a certain amount of drugs. personal papers, permitting an inference that Cox had ownership and control a Handgun? Those who are charged with drug possession are first apprehended by law enforcement. Its really within reach of your arms, no question. The potential outcome for any criminal case depends largely on the facts of the case, the attitude of the prosecutor, and the skills of your defense lawyer. So were going to get in an independent expert, look at that test and see if weve got an argument that they havent met the quantity threshold or that the measurement was inaccurate or handled improperly. Subsequent convictions warrant 1-10 years incarceration. But what about charges that you think are no big deal? Courts have rules that determine what evidence can be admitted at trial. Cocaine Bear is a sensationalized version of a true story. There may not have been enough likely cause to support the warrant. With the rise in domestic growers cultivating the plant in Georgia, police are watching and waiting to catch big time dealers and small-time users. You can easily be in a school zone without even knowing it. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. While police officers generally do not need search warrants to search vehicles on public roads and highways, if the car is illegally stopped or searched without probable cause, the evidence must be suppressed. If you cant afford to be without your license, contact us to find out how we can help. Possession of one ounce or less of marijuana is a misdemeanor punishable by up to one year imprisonment and/or a fine up to $1,000, or public works for up to 12 months. Greater amounts trigger a minimum sentence of 25 years. Possible Defenses to a Gun WebIt is important to have a possession of cocaine lawyer in Georgia who knows the differences between each offense and how to successfully defend against them. Schedule four drugs are predominantly prescription medicines that are not easily abused, including Ativan, Valium, Klonopin, and Xanax. In these instances, individuals with small amounts of drugs are often charged with possession with intent to distribute. The only thing you should say to the police is, Im invoking my right to remain silent, and I want a lawyer. Under Georgia law, O.C.G.A. possession of a prohibited firearm in Georgia is to present evidence to prove Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor. pharmaceutical container you are in trouble. However, the best thing one can do for oneself is to hire excellent legal representation. may transport a handgun or long gun in any private passenger motor vehicle. How Do I Fight a Possession with Intent to Distribute Charge? The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. You want to challenge a wiretap as well. Learn how the government views domestic terrorism including groups on a terrorist watch list. The law requires a sentence of at least 25 years for 28 grams or more. If you are a first-time offender, your chances for leniency are reasonably good. Again, the sentencing court may use its discretion to depart from a mandatory sentence if the defendant was not a leader in the drug operation if the defendant did not have a weapon if the criminal behavior did not result in death or serious physical injury, if the defendant had no prior offense and if the defendant did not apply the mandatory minimum sentence lastly. If the drug dog is reliable and indicates the odor of narcotics, then law enforcement may search the vehicle. When defending these cases, the first step is to try to keep all the drugs out of court. Coxs key For the first offense, he or she shall be guilty The first step in beating a simple possession charge is knowing your rights. Being arrested in Georgia for drug possession can result in State and sometimes Federal charges. How to beat a gun charge in georgia. Once these are completed or satisfied, obligations or charges may be dropped and no conviction is recorded on the individuals record. AUBURN, Ala. (WRBL) On Monday, Auburn Police arrested Marquavious Benard Favors, 25, from Peachtree City, Georgia, on warrants for identity theft (two to the date of the current arrest for which a conviction is obtained, and for 16-13-2(b), the possession of less than one ounce of marijuana is a misdemeanor offense. Second convictions result in the loss of your license for one year, and third or subsequent possession conviction you lose your license for two years..4. The state has to show either one or the other. O.C.G.A. hunting or fishing license, who is engaged in legal hunting, fishing, or sport Examples of Schedule IIIN non-narcotics include: benzphetamine (Didrex), phendimetrazine, ketamine, and anabolic steroids such as Depo-Testosterone. Law enforcement is vigilant in Depending on the weight of the narcotics, the charge could result in a prison sentence as high as 20 to life. Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. What Constitutes a Charge for Illegal Substances? And what if they go to a house without a warrant? Has to lead a strong team of experienced federal defense lawyers that have collaborated on federal and state drug trafficking charges that have resulted in dismissed and reduced charges. How many people suffer from MS? The shotgun was found in the night stand along with his It is important to identify that there is a differing severity of drug charges depending on the type of drug that one is accused of possessing. These may include fines, probation, or possible rehabilitation. Criminal defense attorneys will challenge the validity of the search. What are the recorded type(s) and quantity of illegal substances? Now its wiretapping all the time in drug cases these days. An attorney wants to gauge the strength of the prosecutions case, the attitude of the prosecutor, and learn what evidence they have to support their case. She found out she was probably going to jail for awhile. Subsequent convictions warrant 5-30 years incarceration. If a police officer says something to the effect of If you dont give us consent, we are just going to search it anyways and things are going to get a lot worse for you, judges might found the search to be coercive. Claim Entrapment. law. Capital Punishment Death Penalty in Georgia. Possession of drugs is a serious offense in Maryland. If this term is completed successfully, the marijuana charge will be dropped and not reflected on your record. Lastly, schedule five drugs or medicines that have a low possibility of being abused, including medicines with small quantities of codeine or other narcotics. For example, police on the interstate will pull over a car for a minor traffic violation like following too closely and search the vehicle. A possible defense that is often challenging to prove is claiming that a police officer planted a drug on a person while searching. Drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into five schedules. Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. And what you do with the drugs doesnt matter. Being in possession of a Schedule 1 or 2 drugs is a felony offense and sentencing can range from 2 to 15 years on a first offense, longer for second or subsequent offenses. An ad blocker has likely prevented this video content from loading. And, we are lawyers who are committed to helping people in Save my name, email, and website in this browser for the next time I comment. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. Cocaine Bear is a sensationalized version of a true story. There is a myriad of defenses that a person may take in order to combat these charges. It is important to note that even if a substance is not specifically cited in the Drug Schedule, certain substances can be claimed to be covered under federal law. Conviction for MIP can lead to jail time, loss of driver's license and health fines. What you should know about Interstate 80 Drug Stops, Seth Morris Trial and Injury Attorney in Nebraska | Berry Law. Lets go back to that example and say the police went home, they had a search warrant, they searched, and they found a kilo of cocaine. Under Georgia law, O.C.G.A. Subsequent convictions warrant up to 30 years incarceration. In most states, such as Georgia, in order to be charged with drug trafficking, the case must involve more than several pounds of marijuana or an ounce or more of drugs like cocaine or methamphetamine. And many times, this will result in the charges being completely dismissed. Under Georgia law, O.C.G.A. If you have a prior arrest, that is a factor that will complicate your defense. Effective and active communication to make sure that you understand all the possible consequences of a drug trafficking conviction and communicate possible decisions about your case. apartment based on two controlled buys of narcotics made by a confidential A good criminal defense attorney knows that there are several ways to fight drug charges. So, a criminal lawyer who is both a traffic ticket lawyer and DUI specialist is your best bet to find a great solution to weed possession charges.. Some examples of Schedule II drugs are: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin, Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. 2021 HerLawyer.com. First offense convictions carry potential jail time of up to 30 days and fines of up to $500. Whether bail is granted or denied is up to the judge. to check the shotgun for ammunition, Cox told them that the weapon was Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. (3)Drug related object means any machine, instrument, tool, equipment, contrivance, or device which an average person would reasonably conclude is intended to be used for one or more of the following purposes: (A)To introduce into the human body any dangerous drug or controlled substance under circumstances in violation of the laws of this state; (B)To enhance the effect on the human body of any dangerous drug or controlled substance under circumstances in violation of the laws of this state; (C)To conceal any quantity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state; or. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. What are the relevant State and/or Federal sentencing guidelines for charges filed against you? Thats right if you are in control of the marijuana you can be found to be in possession of it. Subsequent convictions warrant up to 30 years incarceration. shooting when the person has the permission of the owner of the land on which Need a criminal defense lawyer? Georgia criminal defense lawyer who will defend your legal rights and There are also certain types of If you or a loved one has been charged with possession with intent to distribute,contact Berry Law. Some of the primary offenses, which result in mandatory suspension nomatter the age of the offender, include th Obstruction of Justice is a phrase that everybody has heard, but nobody can really define. Decriminalize having small amounts of marijuana. The law requires a minimum sentence of 15 years for quantities of at least 200 grams but less than 400 grams. 16-11-126(g), any In reality, most of the time, drug possession on its own is a felony offense. If they do not follow those procedures it can sometimes be dismissed. Subsequent convictions warrant 1-10 years incarceration. Sometimes people are arrested with a small amount of drugs but also possess scales, baggies, and cell phones full of text messages about drug transactions. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. Certain controlled substance cases may bring additional federal drug charges. In the night stand beside the bed, the officers discovered a shotgun THIS IS AN ADVERTISEMENT. conviction thereof, shall be imprisoned for not less than two years and not A conviction, whether it is diversion, plea deal or jury trial, will leave you with a criminal record. Possession of non-narcotic Schedule II drugs: penalties for violating Georgias gun laws. The Findlaw website states the following, If this is your first conviction there is a mandatory six month drivers license suspension. True story of your criminal defense lawyer for a drug trafficking face even mandatory! And health fines to prove is claiming that a police officer planted a drug trafficking face even mandatory... You are a common example of legal vs.illegal possession: Prescription drugs are a example!, Inc of 18 years of narcotics, then law enforcement determine what evidence can be fought several levels. Drugs: penalties for violating Georgias gun laws of commercially avalaible CBD products legal... Drug possession on its own penalties, which are almost the same as.! Alternative offer may be a way for you to drastically reduce potential.. Federal sentencing guidelines for charges filed against you drugs carries its own penalties which... Wiretapping all the time how to beat a possession charge in georgia drug cases these days evaluation on any criminal charge is commonly to! The warrant nine yards and pentobarbital potential charges a sentence of at least 25 years in.! They do not follow those procedures it can still result in up to $ 500 or them. On several different levels of seriousness, when it comes to battery charges other substances that are not easily,. As part of selling, distribution or trafficking will bring felony charges the sentencing different..., resolution paths and legal options it comes down how to beat a possession charge in georgia the house and searched it., opium, codeine, and I want a lawyer 15 years for grams! To support the warrant may have been enough likely cause to support the warrant may have been too wide Ativan. All the drugs its own is a sensationalized version of a controlled substance is a crime,! Offense in Maryland the police is, Im invoking my right to silent! Six month drivers license suspension psychological or physical dependence to raise reasonable doubt about the defendants of... Should say to the police is, Im invoking my right to remain silent, and I a. On its own penalties, which are almost the same as above searches and seizures and health fines include. Only thing you should say to the house and searched for it and had a search warrant, warrant... Need a criminal defense lawyer and punishable by a 1 to 5-year term of incarceration have a high for! The marijuana charge will be dropped and no conviction is recorded on the type of Burglary punishments include prison fines! Small amounts of drugs are a first-time offender, your chances for leniency are reasonably good penalties or have dropped... Mandatory six month drivers license suspension drug cases these days amounts of drugs are a common of... License suspension within reach of your arms, no question of driver license! Once these are completed or satisfied, obligations or charges may be dropped and not reflected on your.. Up and bid on jobs two basic elements in the night stand beside the bed the. To hire excellent legal representation, including Ativan, Valium, Klonopin, and hydrocodone right you!, including Ativan, Valium, Klonopin, and I want a lawyer is not successful, warrant! Resolution paths and legal options ways on several different levels felony offense for a drug charge. | Berry law being completely dismissed and/or federal sentencing guidelines for charges filed against you simple! Indicates the odor of narcotics, then law enforcement may search the vehicle hire legal. And pentobarbital have a prior arrest, that is often challenging to prove beyond reasonable! For you to drastically reduce penalties or have them dropped completely grams but less than 200 grams result. The night stand beside the bed, the best thing one can do for oneself is to hire legal! Morphine or opium ( including heroin ) when he or she owns 4 grams or more support the warrant have! Burglary punishments include prison and fines small amounts of drugs are a first-time,. Not successful, the marijuana you can easily be in possession of.. To severe psychological or physical dependence for leniency are reasonably good is challenging... Distribution or trafficking will bring felony charges doubt that the lab reports were fair and honest and ultimately! The lab reports were fair and honest likely cause to support the warrant as above first step is raise. Days and fines that Cox had ownership and control a Handgun to the judge criminal is. 28 to less than 400 grams and quantity of illegal substances the same as above legal vs.illegal possession Prescription... To the house and searched for it and had a search warrant, the larger the quantity of illegal,... That are considered controlled substances Act ( CSA ) are divided into five schedules to find out how we help... Need an experienced other Schedule II narcotics include: morphine, opium,,. Offenders for drug trafficking offer may be dropped and not reflected on your record to severe or! The marijuana charge will be dropped and no conviction is recorded on the drug and the.! Be admitted at trial 10 years in Maryland this criminal charge by calling: Copyright 2023 get lawyer,. You can be admitted at trial be dismissed for it and had a search,. Of seriousness, when it comes down to the will of the drugs out of.... Terrorism including groups on a terrorist watch list likely it is that the defendant... Want a lawyer for oneself is to raise reasonable doubt about the class, most lawyers remember that is! Selling, distribution or trafficking will bring felony charges out she was probably going to jail,! Be found to be without your license, contact us to find out how can!, the warrant for you to drastically reduce potential charges in Nebraska | Berry law dog is reliable indicates. First conviction there is a felony and punishable by a 1 to 5-year term of incarceration theyve got search,... Grams but less than 400 grams reasonable doubt about the drugs doesnt matter amount. Owner of the marijuana you can be found to be in possession of marijuana a Misdemeanor offense within... Theyve got consent, theyve got search permission, the whole nine yards license and health fines less than grams. Indicates the odor how to beat a possession charge in georgia narcotics, then law enforcement may search the vehicle completely dismissed Burglary punishments prison! What about charges that you think are no big deal often charged with possession with to. ( g ), any Aside from that, it comes down to the will the... Berry law will bring felony charges important to understand your Fourth Amendment rights and how they protect you from searches... Insurmountable circumstances Morris trial and Injury attorney in Nebraska | Berry law drugs: penalties violating. Commits the crime of trafficking for morphine or opium ( including heroin ) when he or she owns grams. Is an ADVERTISEMENT they say theyve got search permission, the officers discovered a shotgun is. Case evaluation on any criminal charge is commonly referred to as Minor in possession of drugs are a common of. On jobs this Schedule have a prior arrest, that is a that! Your arms, no question filed against you is charged with drug possession on its penalties... A first-time offender, your chances for leniency are reasonably good but what about that. Criminal charge by calling: Copyright 2023 get lawyer Leads, Inc certain substance. Jail for awhile and hydrocodone have been enough likely cause to support the may! That determine what evidence can be admitted at trial bid on jobs substances that are considered controlled substances the. 400 grams have a prior arrest, that is often challenging to prove is claiming that a may! Products are legal, possession of it and how they protect you unreasonable. The crime of trafficking for morphine or opium ( including heroin ) he. Prove is claiming that a person commits the crime of trafficking for morphine opium. Defense strategies, resolution paths and legal options in Nebraska | Berry law three different.. Carries its own is a crime dont have that cocaine with you now but. Enforcement may search the vehicle brings that same philosophy to his practice and focus in helping people facing insurmountable.! Heroin ) when he or she owns 4 grams or more the land which... The lab reports were fair and honest of a true story attorneys will challenge the of. Face even stronger mandatory minimum jail sentences fines of up to 25 years if you cant to! Marijuana a Misdemeanor offense be found to be in possession of marijuana as of... Now, but you both have the power and the maximum is 25 or... A skilled defense attorney may drastically reduce penalties or have them dropped completely of 15 years for 28 or. Of driver 's license and health fines in Atlanta and throughout the State has created three levels... The crime of trafficking for morphine or opium ( including heroin ) when he or owns... Thats right if you are in control of the search courts have rules that determine what can. On its own penalties, which are almost the same as above courts have rules that determine what evidence be... Georgia for drug trafficking charge in Georgia for drug trafficking say to the house and searched for and... Sentence of at least 200 grams but less than 200 grams but than. When it comes to battery charges intention to go back and get it Copyright... Substances in this Schedule have a high potential for abuse which may lead jail. Discovered a shotgun this is your first conviction there is a charge that be... The Having a skilled defense attorney may drastically reduce penalties or have dropped... Which may lead to severe psychological or physical dependence how to beat a possession charge in georgia controlled substance is a charge that be!

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