What Does a Criminal Defense Attorney Do?

A criminal defense attorney is a legal professional who defends people who have been accused of crimes. Their main jobs are to:

• Represent their clients in court in front of a judge and a jury.
• Negotiate with prosecutors.
• Do whatever else they can to get the best possible outcome in every case. This could mean getting charges reduced, negotiating a plea deal, or even having the charges dropped entirely. 

Criminal defense attorneys understand the details of criminal law and know how to build a strong defense strategy that fits each client’s situation. Plus, they can explain the legal process in simple terms, helping clients understand what to expect at every stage.

How Can a Criminal Defense Attorney Help Before Charges Are Filed?

One of the most valuable services a criminal defense attorney provides happens before charges are even filed. For example, consider a male college student who is falsely accused of sexual assault, but there is no solid evidence against him. In such a case, if the student hires an attorney early on, the attorney can step in and communicate with law enforcement and prosecutors. 

The attorney can present evidence or arguments showing the lack of proof, which might convince the authorities not to move forward with the charges. By getting involved early, the attorney can help protect the student’s rights, prevent misunderstandings in he-said, she-said situations, and potentially stop the charges from being filed in the first place.

Does Having an Attorney Improve Your Chances of Getting Off? 

There is often a significant difference in outcomes between people who have criminal defense attorneys and those who do not. Studies and real-life cases show that people who are represented by experienced attorneys are more likely to have charges reduced, cases dismissed, or receive lighter sentences, even for very serious crimes like murder. 

On the other hand, those who try to handle their cases alone may not know how to navigate the legal system, which can lead to mistakes such as missing important filing deadlines, failing to object to inadmissible evidence, or not understanding plea deal options. These errors can result in harsher penalties and a criminal record that could have been avoided with proper legal representation.

Call a Denton County, TX Criminal Defense Attorney Now

Even if you are facing relatively minor charges, a conviction means your criminal defense history could follow you forever. You owe it to yourself to get help from a Cooke County, TX criminal defense attorney with Magaña & Van Dyke who can help you fight the charges, clear your name, and defend your future. Call 940-382-1976 now for a free consultation. Se Habla Español.

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What is Considered Forgery in Texas?

In Texas, forgery covers various deceptive actions involving documents. It includes creating, altering, or using a false document with the intent to defraud or harm another person. This can take many forms, from putting someone else’s signature on a check to altering the amount on a financial document.

Other common examples include creating fake identification cards or falsifying academic transcripts and diplomas. Texas law takes a hard stance on forgery because it undermines the trust that is essential for important documents and transactions. Forgery can inflict significant financial harm on individuals and businesses, disrupting lives and damaging the economy. Understanding what constitutes forgery is important, as even minor alterations to documents can lead to serious legal consequences if done with fraudulent intent.

Penalties for Forgery in Texas

The penalties for forgery in Texas depend on the type of document forged and the specific circumstances of the crime. There are different categories of forgery offenses with associated penalties.

Class A Misdemeanor Forgery

This is the least severe forgery charge, but it still carries serious penalties:

• Up to one year in county jail
• A fine of up to $4,000
• Both jail time and a fine

Class A misdemeanor forgery typically involves forging or altering a document that is not specifically listed in higher-level forgery statutes.

State Jail Felony Forgery

Forging certain types of documents is considered a state jail felony:

• 180 days to two years in a state jail facility
• A fine of $10,000 or more
• Or both a fine and jail time

This level applies to forging many common documents, such as wills, deeds, mortgages, credit cards, and checks.

Third-Degree Felony Forgery

The most serious forgery offenses are third-degree felonies:

• Two to 10 years in state prison
• A fine of up to $10,000
• Or both prison time and a fine

This level typically involves forging government documents like money, stamps, or official seals.

Additional Consequences of a Forgery Conviction

Beyond fines and jail time, a forgery conviction can have long-lasting effects:

• A permanent criminal record
• Difficulty finding employment, especially in fields involving finance or trust
• Loss of professional licenses
• Challenges in obtaining loans or housing
• Potential immigration consequences for non-citizens

These far-reaching impacts make it crucial to take forgery charges seriously and seek experienced legal representation.

Potential Defenses Against Forgery Charges

If you are facing forgery charges in Texas, it is vital to understand your rights and options. An attorney can help by:

• Examining the evidence against you
• Identifying potential weaknesses in the prosecution’s case
• Exploring possible defenses, such as lack of intent to defraud
• Negotiating with prosecutors for reduced charges or penalties

Every forgery case is unique, and the best defense strategy depends on the specific facts and circumstances involved.

Contact a Cooke County, TX Criminal Defense Lawyer

Do not let forgery charges threaten your future. A Denton County, TX criminal defense lawyer can help protect your rights and freedom. Call Magaña & Van Dyke at 940-382-1976 today to schedule your confidential case evaluation and take the first step toward building a strong defense against forgery charges.

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The Impact of a Protective Order

A protective order, often referred to as a restraining order, can significantly affect your life, even if based on false allegations. The consequences may include:

• Restrictions on your movement and communication
• Potential loss of access to your home
• Limitations on child custody and visitation rights
• Negative impact on your reputation and employment
• Criminal charges if you violate the order, even if falsely obtained

You should take any protective order seriously, regardless of its validity, and seek legal representation immediately.

The Protective Order Process

In Texas, the process of obtaining a protective order begins when someone files an application with the court. This can be done through the county attorney, district attorney, or a private attorney. The court may issue a temporary ex parte order, which can last up to 20 days, based solely on the applicant’s claims without hearing your side of the story.

Within 14 days, a court hearing will be scheduled so both parties can present their case. This hearing is your opportunity to challenge the allegations and present evidence in your defense. After considering all evidence, the judge will decide whether to grant a final protective order, which typically lasts up to two years but can be extended.

Defending Against False Allegations

If you are facing false allegations, your defense strategy is critical. Here are some steps to consider:

• Gather evidence: Collect any documentation, communications, or witness statements that contradict the allegations against you.
• Document your side: Keep a detailed account of events related to the accusations.
• Avoid contact: Refrain from contacting the accuser, as this could be used against you or violate a temporary order.
• Comply with temporary orders: Even if you believe the order is based on false claims, violating it can lead to criminal charges.
• Seek character witnesses: Individuals who can attest to your character and behavior can be valuable in court.
• Consider counter-petitions: If you are the actual victim of harassment or threats, you may need to file your own protective order in some cases.

The Importance of Legal Representation

Going through protective order cases can be challenging on your own and typically requires legal experience. An experienced criminal defense attorney can:

• Help you understand the allegations and potential consequences
• Develop a strong defense strategy
• Represent you in court proceedings
• Negotiate with the opposing party or his or her counsel
• Work to minimize the impact on your life and rights

Remember, while protective orders serve an important purpose in protecting genuine victims, the system can be misused. False allegations can have lasting consequences on your personal and professional life.

Let a Denton County, TX Criminal Defense Lawyer Help Prove Your Side

If you find yourself wrongly accused and facing a protective order, do not face this challenge alone. A Cooke County, TX criminal defense attorney can protect your rights and fight for justice. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

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What Constitutes a Probation Violation?

Probation violations occur when an individual fails to comply with the terms and conditions set by the Texas court. Common violations include:

• Failing to report to the probation officer
• Committing a new offense
• Failing drug tests
• Associating with known criminals
• Leaving the assigned area without permission
• Violating curfew
• Failing to maintain employment or attend required programs
• Not paying required fines, fees, or restitution

Even minor infractions can result in significant consequences, potentially jeopardizing one’s freedom and future prospects.

Immediate Consequences of Probation Violations

Arrest and Detention

When a probation violation is reported or discovered, the probation officer or law enforcement may issue a warrant for the probationer’s arrest. The individual may be held in a county jail pending further action.

Hearing

A hearing is conducted to determine if sufficient evidence exists that a violation occurred. This hearing is a crucial step in the process and can significantly impact the outcome of the alleged violation.

Potential for Immediate Sentencing

Unlike parole violations, probation violations are typically handled directly by the court. If the violation is proven, the judge may decide to impose a sentence immediately.

Long-Term Consequences of Probation Violations

Potential Outcomes

The Texas court may decide on various outcomes based on the nature and severity of the violation:

• Probation Revocation: The court may revoke probation, requiring the individual to serve the original sentence in jail or prison.
• Modified Probation: The court might choose to continue probation with modified or stricter conditions, potentially extending the probation period.
• Additional Penalties: The court may impose additional fines, community service, or other penalties.

Impact on Personal Life

Probation violations can have far-reaching effects on an individual’s personal and professional life:

Employment and Housing Challenges

A probation violation can make it more difficult to secure employment or housing, as it may appear on background checks. This can significantly hinder rehabilitation efforts and stability.

Financial Consequences

Legal fees, fines, and the potential loss of income can create significant financial burdens for individuals and their families.

Emotional and Social Impact

Probation violations can strain relationships with family and friends and may lead to increased stress and social isolation. The stigma associated with probation violations can make it challenging to rebuild one’s life.

Contact a Denton County, TX Criminal Defense Lawyer

Probation violations in Texas can have severe consequences that affect your life in the long term. A Cooke County, TX criminal defense attorney can help you understand the complexities of probation law and can help protect your rights and future. Call Magaña & Van Dyke at 940-382-1976 to start with a free consultation.

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Classification of Drug Offenses

Texas categorizes controlled substances into penalty groups, with Group 1 being the most severe and Group 4 the least. Common drugs in each group include:

• Group 1: Cocaine, heroin, methamphetamine
• Group 2: Ecstasy, PCP
• Group 3: Certain prescription drugs like Valium and Xanax
• Group 4: Compounds containing limited quantities of narcotics

The severity of the charge depends on the type and amount of drug involved.

Penalties for Drug Sale Offenses

Selling drugs in Texas can result in felony charges, which carry significant penalties:

• State Jail Felony: For smaller amounts of less dangerous drugs. Punishable by 180 days to 2 years in state jail and a fine up to $10,000.
• Third-Degree Felony: Often applies to larger amounts of Group 3 or 4 drugs. Carries 2-10 years in prison and up to a $10,000 fine.
• Second-Degree Felony: Typically for selling larger quantities of Group 1 or 2 drugs. Punishment includes a sentence of 2-20 years behind bars and a maximum fine of $10,000.
• First-Degree Felony: Reserved for large quantities of dangerous drugs. Penalties range from 5-99 years in prison and up to a $250,000 fine.

In some cases, life imprisonment is possible for repeat offenders or those selling large quantities of drugs.

Aggravating Factors

Certain circumstances can significantly increase the severity of charges and penalties in drug-selling cases. Selling drugs to minors is viewed as particularly egregious and can result in enhanced sentences. Similarly, conducting drug transactions in designated drug-free zones, such as schools or playgrounds, can lead to more severe charges. The law also takes a harsh stance on individuals who use minors to sell drugs, recognizing the exploitation of vulnerable youth.

Possessing firearms during drug transactions can also lead to elevated charges, as it is seen as an indicator of potential violence. These aggravating factors can push charges into higher felony classifications or add substantial prison time to sentences, reflecting the state’s effort to protect vulnerable populations and maintain public safety.

Collateral Consequences

Beyond incarceration and fines, a drug sale conviction in Texas can have far-reaching impacts:

• Loss of professional licenses
• Difficulty finding employment
• Ineligibility for federal student loans
• Loss of voting rights (while incarcerated)
• Immigration consequences for non-citizens
• Difficulty renting housing
• Strain on personal relationships

Defense Strategies

While each case presents unique circumstances, several common defense strategies can be employed in drug-selling cases. Attorneys often begin by scrutinizing the legality of the search and seizure that led to the arrest, as any constitutional violations could result in the suppression of evidence. They may also question the chain of custody for evidence, ensuring proper procedures were followed at every step.

In some cases, proving a lack of knowledge or intent to sell can be a viable defense, particularly if the quantity of drugs involved is relatively small. Exploring potential entrapment defenses is another avenue, especially if law enforcement’s tactics are overly aggressive or manipulative. Lawyers often negotiate with prosecutors to secure plea deals for reduced charges when appropriate.

Apart from these strategies, Texas understands the worth of rehabilitation in addressing drug-related offenses. Depending on the specifics of the case, alternative sentencing options may be available. These can include participation in drug court programs, mandatory substance abuse treatment, probation with required counseling, or community service. Such alternatives are often considered for first-time offenders or those facing less severe charges, reflecting a balance between punishment and rehabilitation in the Texas justice system.

Rehabilitation and Alternative Sentencing

Texas recognizes the value of rehabilitation in some drug cases. Depending on the circumstances, alternatives to traditional sentencing might include:

• Drug court programs
• Substance abuse treatment
• Probation with mandatory counseling
• Community service

These options often apply to first-time offenders or those with less severe charges.

Work With a Cooke County, TX Criminal Defense Lawyer

A charge for selling drugs in Texas is a serious matter with potentially life-altering consequences. The severity depends on various factors, including the type and amount of drug, prior offenses, and specific circumstances of the case. A Denton County, TX criminal defense attorney will walk you through the steps as you go through your case. Call Magaña & Van Dyke at 940-382-1976 for a no-obligation, free consultation.

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Find Out the Specific Charges Against You

Manslaughter is a second-degree felony in Texas, carrying a potential prison sentence of two to 20 years and a fine of up to $10,000. You must understand the specific allegations against you and the circumstances that led to the charges. In Texas, manslaughter is defined as recklessly causing the death of another person. This means that the prosecution must prove that your actions were reckless and directly led to the individual’s death.

Invoke Your Right to Remain Silent

One of the most important steps you can take when facing manslaughter charges is to exercise your right to remain silent. It is natural to want to explain your side of the story or defend yourself, but anything you say to law enforcement can be used against you in court. Politely inform the police that you wish to remain silent and that you would like to speak with an attorney. Remember, you have the right to protect yourself; staying silent is often the wisest choice.

Be Honest with Your Lawyer

Once you hire a criminal defense attorney, be fully open about the events that led to the charges. The attorney-client privilege protects your conversations so that you can speak freely without fear of your information being disclosed. Your lawyer needs to know all the facts to provide you with the best possible defense. Withholding information or being dishonest can severely harm your case.

Gather Evidence and Witnesses

Your attorney will work diligently to gather evidence and identify potential witnesses who can support your defense. If you have any information that could be helpful, such as text messages, emails, or witness contact information, provide it to your lawyer promptly. The legal team will use this information to build a strong case on your behalf and challenge the prosecution’s evidence.

Prepare for Court Appearances

As your case progresses, you need to attend various court hearings and appearances. Your attorney will guide you through each step of the process and ensure you are well-prepared. Dress appropriately for court, be punctual, and always follow your lawyer’s advice. Remember that your behavior and demeanor in court can impact how the judge and jury perceive you.

Consider Plea Bargains Carefully

In some cases, the prosecution may offer a plea bargain, which involves pleading guilty to a lesser charge in exchange for a reduced sentence. While accepting a plea deal may be tempting, you must carefully consider the long-term consequences with your attorney. This is important to weigh the pros and cons and determine whether a plea bargain is in your best interest.

Contact a Cooke County, TX Criminal Defense Attorney

Facing manslaughter charges is undeniably stressful, but remember that you have rights and options. By following these important first steps and working with a Denton County, TX criminal defense lawyer, you can confidently get through this challenging time. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.

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Make Sure You Understand the Severity of the Offense

In Texas, driving without a valid license is considered a misdemeanor offense. The penalties for this crime can vary depending on the specific circumstances of your case. Generally, a first-time offense is classified as a Class C misdemeanor, punishable by a fine of up to $500. However, if you have been convicted of driving without a license in the past, the offense may be elevated to a Class B misdemeanor, which carries a potential fine of up to $2,000 and up to 180 days in jail.

See What Possible Defenses You May Have

While the outcomes of operating a vehicle without a license can be severe, several potential defenses may help you get the charges dropped. A criminal defense attorney in Texas can assess your case and determine the most effective strategy for your unique situation. Some possible defenses include:

• Lack of Knowledge: If you were unaware that your license was suspended, revoked, or expired, you may have a valid defense. However, you must be able to demonstrate that you need a reasonable way of knowing the status of your license.
• Necessity: In rare cases, you may be able to argue that driving without a license was necessary to prevent greater harm. For example, if you had to drive someone to the hospital in an emergency situation, this defense might apply.
• Mistaken Identity: If you believe you have been wrongfully accused of driving without a license, your attorney can investigate the case and gather evidence to support your claim of mistaken identity. You will need to be prepared with many forms of proof for this.

Negotiating with the Prosecutor

In some cases, your lawyer may be able to negotiate with the prosecutor to have your charges reduced or dropped entirely. This process, known as plea bargaining, can effectively minimize the consequences of driving without a license. Your attorney can present mitigating factors, such as a clean driving record or efforts to rectify the situation (e.g., obtaining a valid license), to persuade the prosecutor to offer a more lenient outcome.

Consider Pretrial Diversion Programs

You may be able to access pretrial diversion programs for individuals charged with driving without a license. These programs allow you to avoid a conviction by completing certain requirements, such as attending classes or performing community service. If you successfully complete the program, your charges may be dismissed. Your lawyer can help you determine if you are eligible for a pretrial diversion program in your area.

Contact a Cooke County, TX Criminal Defense Lawyer

Facing charges for driving without a license can be a lot to try and handle on your own. Working with a Denton County, TX criminal defense attorney can make the process a bit smoother. Call Magaña & Van Dyke at 940-382-1976 to start with a free consultation to see how we can help you.

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Grounds for Challenging a Restraining Order

To successfully challenge a restraining order in Texas, you must demonstrate that the order was issued based on false or insufficient evidence. Some grounds for challenging a restraining order include:

• Lack of evidence: If the petitioner fails to provide sufficient evidence to support their claims of abuse, harassment, or stalking, you may argue that the restraining order is unwarranted.
• False allegations: If you believe the petitioner has made false accusations against you, you can present evidence to refute their claims and demonstrate that the restraining order is baseless.
• Improper service: In Texas, you must be properly served with notice of the restraining order hearing. If you were not served correctly, you may be able to reverse the order on procedural grounds.

The Importance of Acting Quickly

If you wish to challenge the restraining order, you must act promptly. You typically have a limited time to request a hearing after being served with the order. This hearing allows you to present your case and argue against the necessity of the restraining order. Failure to request a hearing within the specified timeframe may result in the order becoming permanent.

Gathering Evidence to Support Your Case

To effectively challenge a restraining order, you must gather evidence that supports your position. This may include:

• Witness statements from individuals who can attest to your character or provide insight into the situation.
• Text messages, emails, or other communication records that demonstrate the nature of your relationship with the petitioner.
• Photos, videos, or audio recordings that contradict the petitioner’s allegations.
• Police reports or other official documents related to the case.

The Role of a Criminal Defense Lawyer

Challenging a restraining order can be a complex and emotional process. It is highly recommended to seek the assistance of a criminal defense lawyer in Texas who can guide you through the legal system and protect your rights. Your attorney can:

• Review the restraining order and assess the strength of the petitioner’s case.
• Develop a strategic defense based on the specific circumstances of your situation.
• Gather evidence and witness testimony to support your challenge.
• Represent you during the hearing and present arguments on your behalf.
• Negotiate with the petitioner’s legal counsel to reach a favorable resolution, if possible.

The Consequences of a Restraining Order

It is important to recognize the potential consequences of having a restraining order against you. Depending on the type of order, you may be prohibited from contacting the petitioner, possessing firearms, or visiting certain locations. Violating the terms of a restraining order can result in criminal charges and severe penalties. By successfully challenging the order, you can protect your rights and avoid these negative consequences.

Contact a Denton County, TX Criminal Defense Attorney

If someone served you with a restraining order, you can possibly challenge it under specific circumstances. However, you will need to act quickly. Call Magaña & Van Dyke at 940-382-1976 to speak with a Cooke County, TX criminal defense lawyer and receive a free consultation.

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What to Know About Public Intoxication

Under Texas Penal Code Section 49.02, public intoxication is defined as appearing in a public place while intoxicated to the degree that you may endanger yourself or others. Alcohol, drugs, or any other substance can cause intoxication. It is important to note that you do not need to be driving to be charged with public intoxication; when you are intoxicated in a public space, it is enough to warrant an arrest.

Potential Consequences of a Public Intoxication Charge

In Texas, public intoxication is usually a Class C misdemeanor, punishable by a fine of up to $500. However, if you have prior convictions for public intoxication, the charges can be elevated to a Class B misdemeanor, which carries more severe penalties, including possible jail time and higher fines.

Beyond the legal consequences, a public intoxication charge can also negatively impact one’s personal and professional life. It may appear on background checks, potentially affecting one’s employment opportunities or housing options.

Steps to Take If Charged with Public Intoxication

If you find yourself facing a charge of public intoxication, take the following steps to protect your rights and minimize the potential consequences:

• Remain calm and respectful: When interacting with law enforcement, maintain a peaceful and respectful demeanor. Avoid arguing or resisting arrest, as this can lead to additional charges.
• Exercise your right to remain silent: You possess the right to remain silent and refrain from self-incrimination. Politely inform the officers that you wish to exercise this right and refrain from answering questions about the incident without an attorney present.
• Gather evidence and witnesses: If possible, collect any evidence that may support your case, such as receipts showing how much you consumed or witness statements from individuals who can attest to your level of intoxication or behavior at the time of your arrest.
• Attend all court appearances: Make sure to attend all scheduled court appearances and follow your attorney’s guidance throughout the legal process. Failing to appear in court can result in additional charges and penalties.

Contact a Denton County, TX Criminal Defense Lawyer

Being charged with public intoxication requires prompt action to protect your rights and future. By understanding the law, determining the potential of your case, and working with a Cooke County, TX criminal defense attorney, you do not have to go through the process alone and can take some of the weight off your shoulders. Call Magaña & Van Dyke at 940-382-1976 for a free consultation with a team that is genuinely concerned about the outcome of your case.

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What is Considered Reckless Driving in Texas?

Under Texas Transportation Code Section 545.401, reckless driving is defined as operating a vehicle with willful or wanton disregard for the safety of persons or property. This can include behaviors such as excessive speeding, weaving in and out of traffic, or disregarding traffic signals. It is important to note that reckless driving is a criminal offense, not just a simple traffic violation.

Penalties for Reckless Driving

If convicted of reckless driving in Texas, you may face serious penalties. Reckless driving is typically a misdemeanor offense, punishable by:

• A fine of up to $200 for a first offense.
• Subsequent offenses may incur a fine of up to $500.
• Up to 30 days in jail.
• Driver’s license suspension for up to 30 days.

A reckless driving conviction can also increase insurance premiums and negatively impact your employment opportunities.

Steps to Take If Charged with Reckless Driving

If you have been charged with reckless driving, consider taking the following steps:

• Remain calm and be polite: When interacting with law enforcement, remain calm and respectful. Avoid admitting guilt or making incriminating statements, as these can be used against you in court.
• Gather evidence: If possible, collect evidence that may support your case, such as witness statements, photographs of the scene, or dashcam footage.
• Contact an experienced attorney: Consult with an attorney with experience handling reckless driving cases. They can assess your situation, advise you on the best course of action, and help protect your rights throughout the legal process.
• Attend all court appearances: Make sure to attend all required court appearances and follow your attorney’s guidance. Failure to appear in court can result in additional charges and penalties.
• Consider plea bargains or alternative sentencing: In some cases, your attorney may be able to negotiate a plea bargain or secure alternative sentencing options, such as defensive driving courses or community service, which can help minimize the impact of a reckless driving charge on your record.

Contact a Cooke County, TX Criminal Defense Lawyer

Facing a reckless driving charge can be stressful, but it is essential to take action to protect your rights and possibly minimize the potential consequences. By understanding the law, gathering evidence, and working with a Denton County, TX criminal defense attorney, you can go through this challenging situation and work towards the best possible outcome for your case. Call Magaña & Van Dyke at 940-382-1976 to schedule a free consultation with a team that truly cares about your outcome.

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