Articles Tagged with Penalties and Defenses

Regardless of how bad things seem, for every criminal offense, there are defenses that can be used by good criminal attorneys to defend you.

In Arizona robbery is a considered class 4 Felony as defined by Arizona criminal law A.R.S. 13-1902 charged or arrested for this offense in Arizona, you will need to retain a good felony defense attorney in Arizona, for legal representation. Robbery sentencing is so severe, that the best criminal defense attorneys agree you should almost always plead “not-guilty” and retain professional services of a qualified Arizona criminal defense attorney.

Felony Charges for Robbery in Arizona
An offense in Arizona will be charged as a robbery under Arizona law criminal law A.R.S. 13-1902 in the following situations:

1. The taking of someone’s property; and
2. The offense took place while the presence of the owner, or a permissive user or authorized party overseeing the property (for example a sales representative at a convenient store);
3. The property was taken forcefully taken against the owner’s or authorized person’s will;
4. The accused threatened to, or actually used force, against the owner or custodian of the property in order to intentionally coerce the owner or authorized person to surrender the property to the accused.

Robbery Sentencing
Robbery sentencing for a robbery conviction in Arizona may expose you to prison sentences not to exceed 3.75 years or an extended jail sentence up to one year. The Judge will usually include fines, restitution for the victim’s property losses and medical bills, extended supervised probation, mandatory treatment and counseling, and other punishments the Judge feels is necessary based on circumstances of the charges and conviction. Other factors the judge will take into account include past criminal record, first time or repeat offense, manner in which the robbery occurred, if any injury occurred to the victim, value and number of items taken, and nature of the robbery. The judge has discretion to increase penalties depending on all of these factors.

Robbery Attorney – Criminal Defense for Robbery
Arizona takes a tough stance on robbery charges. You will need a strong defense for this serious offense. A conviction can be devastating, and adversely life altering. Your future your freedom, a felony on your record, and more are at stake, if convicted. Regardless of how bad things seem to your right now, keep in mind that for every criminal offense, there are defenses. You have a right to retain effective defense counsel or criminal defense representation. It is a necessity in this case. Failure to hire an experienced private practice criminal attorney in Arizona will almost always result in a conviction. A good Arizona criminal attorney or criminal defense law firm in Arizona will make sure your rights are protected, treated fairly, and build a strong defense case on your behalf. Be sure to contact an attorney who has a great deal of experience in defending robbery charges in the jurisdiction for which you were arrested or charged.

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How Good Scottsdale Criminal Attorneys Can Help Your Get Your Release Conditions Modified (Pre-trial)

After your Scottsdale DUI or Criminal arrest and detention you will have an initial appearance before the Scottsdale Court Judge. The Scottsdale Court judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. They will let you know if and upon what conditions your release will be allowed. The primary goals of the court is to secure a defendant’s appearance for future court dates or trial, and to make sure their release does not pose a threat or harm to others. .

The Scottsdale Court takes into consider many factors in making g this decision including classification of the charge such as o, misdemeanor or felony, severity of the crime, if the charges involved a violent crime, your past criminal record if any, whether or not you are a potential “flight risk”, and many other factors.

The release conditions should be commensurate with the criminal charge or reason for your arrest. If your release conditions seem to be harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney. A good Scottsdale criminal attorney will immediately file a motion to request modification of your pre-trial release conditions. This can be done while you are in custody. Either you or someone on your behalf can consult a Scottsdale criminal defense lawyer to discuss your charges, defense options, and services of your Attorney’s request to modify your pre-trial release conditions from custody in Scottsdale AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Scottsdale Criminal Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity’s custody, home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Scottsdale Court Judge.

When you meet with your Attorney who will be defending your criminal charges and requesting modification of your release conditions, be sure you communicate in detail your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your Scottsdale criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Scottsdale court on your behalf. Your chances of getting your pre-trial release conditions modified with the retention of a good criminal attorney who defends charges in Scottsdale frequently will greatly increase your chances of getting your release modified with more reasonable and favorable conditions for you.

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CHANDLER AZ CRIMINAL ATTORNEYS

If you face Chandler robbery charges you will have an uphill battle to a conviction unless you retain legal representation by a good private practice criminal attorney who defends Chandler robbery charges in Arizona.

Chandler AZ robbery charges are classified as Class 4 Felonies under Arizona criminal code A.R.S. 13-1902. If you face robbery charges in Chandler, AZ you will need to consult a good felony attorney who defends felony charges in Chandler AZ regularly. The best criminal lawyers in Arizona agree in most cases that it is prudent to initially plead “not guilty” and hire an experienced Arizona criminal attorney who defends Chandler AZ robbery charges to defend your case and defend your charge with a qualified AZ criminal attorney who defends Chandler AZ charges.

Felony Charges | Robbery | Chandler Arizona
A.R.S. 13-1902 State Laws for Robbery apply under the following circumstances (cited in part and paraphrased):
A. Someone else’s property was stolen ; and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner’s or authorized person’s will;
D. The accused intentionally used threat, intimidation, or force, against the owner or custodian of the property to gain control of it, causing the person or authorized party to surrender the property to them against their will.

Robbery Sentencing
Sentencing for conviction of Chandler robbery charges is severe. Sentencing may include incarceration with sentences not to exceed 3.75 years in Arizona State Prison; extended jail sentence for up to one year; restitution for the victim’s medical bills, property damage, and stolen property; supervised probation; mandatory counseling; and a felony on your criminal record that will follow you for years. Other Factors the judge will consider before sentencing include the defendant’s prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney – Criminal Attorney Chandler AZ for Robbery Charges
Arizona pursues prosecution of Chandler AZ robbery charges aggressively and to the fullest extent of the law. To defend your Chandler robbery charges you will need a highly qualified criminal attorney to defend you. Only through with legal representation by an experienced criminal defense attorney will you increase your chances of avoiding a conviction, getting a case dismissal, reduced charges, reduced sentencing or other better outcome in your case. Be sure to hire a good felony defense attorney who defends Chandler AZ robbery charges frequently. A good criminal lawyer or defense firm will make sure your rights are not violated; you are treated fairly; and build and mount a strong defense case on your behalf.

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How to Find best Scottsdale DUI lawyer to Defend Your Case

“Your decision could mean the difference between a criminal conviction and a dismissal of your charges.”

Scottsdale AZ DUI charges are very serious offenses. The DUI laws in Arizona are extremely strict and harsh. Even a first time misdemeanor DUI conviction will cost you your freedom with jail time. You will need to hire an experienced and well qualified criminal defense or DUI defense attorney to defend you.

Here are some basic sources to start with and added tips to help you find the best attorney to defend you in Scottsdale court:

1) Search the internet. You can find just about anything you need and eaily get information about an attorney from their websites, review sites, and other sources on the web. .

2) Get a referral from a trusted family member, friend or neighbor
3) Check on line directory listings for Attorneys
4) Contact the Maricopa County Bar Association
5) Look for Attorneys who are licensed to practice in the State of Arizona and who defends Scottsdale DUI charges in the jurisdiction or municipality you where you were charged. Note, it does not matter where you reside, you need a defense attorney in the city, jurisdiction, county or state in which you were charged. In this case you would want a DUI or criminal Attorney who defends cases often in Scottsdale Court.

6) Once you find several attorneys you feel are qualified, contact them for a free consultation.

7) During your consultation, explain your charges and discuss your defense options and their fees.

8) During your consultation ask all the questions you can, to fill the voids you may not have learned on their website or through other services.

9) Compare fees of the attorneys you speak with. But use caution with how much weight you put on this. The most expensive attorneys many not provide you with the best defense. The least expensive attorneys many be some of the best DUI and criminal defense attorneys in the state of Arizona.

10) Comfort level and communication. You must feel comfortable and confident with your choice. If you feel they will not be accessible or have reservations about whether they will provide you with the best defense possible, then you should move on to consult another until you do.

Hiring a DUI or criminal defense attorney for your Scottsdale DUI charges is a big decision, not to be taken lightly. Your decision may mean the difference between a criminal conviction and a dismissal of your charges.

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How Top Rated Maricopa County AZ Criminal Defense Attorneys Get Your Release Conditions Modified (Pre-trial)

After your Maricopa County DUI or Criminal arrest and detention you will be required to have an initial appearance before that particular court in Maricopa County. The Maricopa County judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. The primary purposes of court in setting release conditions is to 1) secure a defendant’s appearance for future court dates or trial, 2) and to make sure the defendant’s release does not pose a threat or harm to others in the community.

The Maricopa County Court Judge takes into account many factors in making this decision including classification of the charge such as a misdemeanor or felony; severity and nature of the charges; if the charges involved a violent crime; your past criminal record if any; whether or not you are a potential “flight risk”; along with other standard release conditions and factors.

The release conditions should be commensurate with the criminal charge. The release conditions should not be unjust or unreasonable based on the crime you are accused of committing. For example, if a financially burdened defendant, with no prior criminal record was accused of shoplifting milk and a loaf of bread, without any weapons or threat of harm to anyone in the store; it would be outrageous for the judge to require him to post a $950,000.00 bail bond in order to be released from custody (truly outrageous…but just to make the point). If the release conditions seem overly harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney.

An experienced private criminal defense attorney who defends charges regularly in Maricopa County Courts will immediately file a motion to request modification of your pre-trial release conditions. This can be done immediately while you are in custody. Either you or someone on your behalf can consult a Maricopa County criminal defense lawyer to discuss the charges, defense options, and services your Attorney can provide involving a request to modify your pre-trial release conditions from Maricopa County police custody. This legal defense service by your private attorney is usually done as part of the entire retention and formal defense process.

Examples of modifications your Maricopa County criminal defense Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity’s custody (for example a minor being released to the parents of the minor) home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Maricopa County Court Judge.

When you discuss your case and initial release conditions with your Maricopa County Criminal or DUI Defense Attorney, be sure you communicate your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your Maricopa County criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Maricopa County court on your behalf, in most cases while you are still in custody if you have retained them formally for legal representation.

Your chances of getting your pre-trial release conditions modified with the retention of a good private practice criminal attorney who defends charges in Maricopa County frequently significantly increase in your favor.

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CRIMINAL DEFENSE TEMPE AZ

Only with representation by a qualified Arizona criminal defense attorney, will you have a chance at avoiding a conviction, getting a case dismissal, reduced charges, “not-guilty verdict”, reduced sentencing or other favorable outcome in your case.

Tempe AZ robbery charges are classified as Class 4 Felonies under Arizona criminal code A.R.S. 13-1902. If you face robbery charges in Tempe, AZ you will need to consult an experienced felony lawyer who defends Tempe robbery charges on a regular basis. Top criminal defense lawyers in Arizona agree in most cases that you should defend your charges, plead “not guilty”, and hire a good Arizona criminal attorney who defends Tempe AZ robbery charges to defend your case as soon as possible. Most people feel, have too much to lose to be convicted of an Arizona felony charge.

Tempe AZ Felony Laws for Robbery
A.R.S. 13-1902 State Laws for Robbery are described below: (cited in part and paraphrased for legal ease and additional explanation)

A. Someone property was stolen; and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner’s or authorized person’s will;
D. The accused intentionally used threat, intimidation, or force, against the victim to gain control of it, thus causing the person (s) to surrender the property to the defendant against their will.

Robbery Sentencing
Sentencing for conviction of Tempe AZ robbery charges is harsh. It may include incarceration with sentences not to exceed 3.75 years in State Prison; extended jail time for up to one year; restitution for the victim’s medical bills, property damage, return and/or restitution of the stolen property; supervised probation; mandatory counseling; and a felony on your criminal record that will follow you for years. Other Factors the judge will consider before sentencing include the defendant’s prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney – Criminal Attorney Tempe AZ for Robbery Charges
Arizona prosecution of Tempe AZ robbery charges is aggressive. To defend your Tempe robbery charges you will need an experienced criminal attorney to fight for you. Only with representation by a qualified Arizona criminal defense attorney, will you have a chance at avoiding a conviction, getting a case dismissal, reduced charges, “not-guilty verdict”, reduced sentencing or other favorable outcome in your case. Be sure to hire a good Tempe felony defense attorney who defends robbery charges frequently and understand the Arizona criminal justice system, and defense strategies that can be used based on the circumstances of your case.

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Failure to retain legal representation by an experienced private practice criminal attorney who defends Mesa robbery charges in Arizona will almost always result in conviction.

Mesa AZ robbery charges are considered a Class 4 Felony under Code A.R.S. 13-1902 of Arizona Criminal Law. If you were arrested for robbery in Mesa, AZ you will need to consult good AZ felony attorney who defends felony charges in Mesa AZ regularly. The best criminal lawyers in Arizona agree in most cases that you should initially plead “not guilty” and hire an experienced Arizona criminal attorney who defends Mesa AZ robbery charges to defend your case.

Felony Charges | Robbery Laws | Mesa Arizona
A.R.S. 13-1902 Robbery applies when the following events occur:
A. Someone else’s property was stolen ); and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner’s or authorized person’s will;
D. The accused intentionally used threat, intimidation, or force, against the owner or custodian of the property to gain control of it, causing the person or authorized party to surrender the property to them against their will.

Robbery Sentencing
Sentencing for robbery in Arizona is harsh. If convicted of Mesa robbery charges, sentencing may include incarceration in state prison with sentences not to exceed 3.75 years; jail sentence up to one year; fines; restitution for the victim’s medical bills, property damage, and stolen property; probation; mandatory counseling; and whatever else the judge feel is necessary based on the facts surrounding your charges. Factors in sentencing by the judge if convicted include any prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney – Criminal Defense for Robbery
Arizona takes a hard line in pursuit of convictions for Mesa AZ robbery charges. If you face Mesa robbery charges, you will need a highly experienced criminal attorney to defend you. Only through qualified legal representation will you gain the best chance at getting a case dismissal, charge or sentencing reduction, or good outcome in your case. Be sure to hire a good felony defense attorney who defends Mesa AZ robbery charges regularly. A good criminal lawyer or defense firm will make sure your rights are not violated; you are treated fairly; and build and mount a strong defense case on your behalf.

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GILBERT AZ CRIMINAL ATTORNEYS

To defend your Gilbert robbery charges you will need an experienced criminal attorney to defend you. A good Gilbert AZ criminal defense will make sure your rights have not been violated; you are treated fairly; build and mount a strong defense case.

Gilbert AZ robbery charges are classified as Class 4 Felonies under Arizona criminal code A.R.S. 13-1902. If you face robbery charges in Gilbert, AZ you will need to consult a good felony defense attorney who defends Gilbert robbery charges often. Top criminal defense lawyers in Arizona agree in most cases that you should defend your charges and plead “not guilty”. You should as hire an experienced Arizona criminal attorney who defends Gilbert AZ robbery charges to defend you as soon as possible. One key to a winning defense is early retention. You have too much to lose when it come of Arizona Felony charges to let the Arizona prosecution take you on a fast track to conviction without opposition of a qualified defense firm or criminal defense attorney.

Felony Charges | Robbery | Gilbert Arizona
A.R.S. 13-1902 State Laws for Robbery are described as follows (cited in part and paraphrased for legal ease and additional explanation):
A. Someone property was taken; and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner’s or authorized person’s will;
D. The accused intentionally used threat, intimidation, or force, against the victim to gain control of it, thus causing the person (s) to surrender the property to the defendant against their will.

Robbery Sentencing
Sentencing for conviction of Gilbert AZ robbery charges is severe and generally unwavering. Sentencing may include incarceration with sentences not to exceed 3.75 years in State Prison; extended jail time for up to one year; restitution for the victim’s medical bills, property damage, and return or restitution for the stolen property; supervised probation; mandatory counseling; and a felony on your criminal record that will follow you for years. Other Factors the judge will consider before sentencing include the defendant’s prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney – Criminal Attorney Gilbert AZ for Robbery Charges
Arizona pursues prosecution of Gilbert AZ robbery charges aggressively and to the fullest extent of the law. To defend your Gilbert robbery charges you will need an experienced criminal attorney to fight for you. Only through with qualified legal representation will you have a chance at avoiding a conviction, getting a case dismissal, reduced charges, “not-guilty verdict”, reduced sentencing or other favorable outcome in your case. Be sure to hire a good felony defense attorney who defends Gilbert AZ robbery charges frequently and understand the Arizona criminal justice system as it relates to felonies and robbery charges.

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Arizona criminal Lawyer provides insight into Criminal Defense for Theft Charges in Arizona

If you face felony theft charges in Arizona it is important that you contact Arizona criminal attorney who defends charges in the jurisdiction where you were arrested or received charges. Felony theft charge convictions can result in severe penalties, incarceration, in prison or jail, large fines, mandatory restitution and other punishments added as the court deems necessary based on the facts. You may have defenses that can be used to help you avoid a conviction. The best Arizona criminal attorneys agree you’re your chances of getting you’re AZ theft charges dismissed or reduced increase significantly if you retain an experienced Arizona criminal defense attorney.
Arizona Theft Defenses Based on Theft Laws in Arizona
Arizona theft laws begin with A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az. Arizona Revised Statutes website. This discussion surrounds excerpts of the law cited in part from A.R.S. “13-1802. Theft; classification which reads in part as follows:

“…A. A person commits theft if, without lawful authority, the person knowingly…: 1. Controls property of another with the intent to deprive the other person of such property… B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult’s property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property….”

It is a comprehensive of a definition. But from a defense standpoint emphasis was added to the words “knowingly” and “intent”. In order to get a conviction the Arizona prosecution will need to prove that you knowingly and intentionally committed the theft. This is just one of many defenses that experienced criminal defense attorneys in Arizona will use to build an effective defense on your behalf. Depending on the circumstances of your case, a good private practice criminal lawyer will recognize other defenses and present compelling arguments on your behalf.

Felony Theft Penalties Arizona
Felony Theft Penalties are determined based on classification of the felony. Felony theft classification is based on the dollar amount or value of the stolen property or service summarized below:

• $25 000. or more = Class 2 Felony;
• $4,000. or more but less than $25,000.00 = Class 3 Felony;
• $3,000. or more but less than $4,000. = Class 4 felony;
• Theft of a vehicle engine or transmission is a Class 4 felony, regardless of the value of that vehicle, engine or transmission;
• $2,000. or more but less than $3,000 = Class 5 felony;
• $1,000. or more but less than $2,000.00 = Class 6 felony;
• Less than $1,000. = Class 6 felony if the stolen property is a firearm or an animal stolen with the intent of using it for animal fighting (A.R.S. 13-2910.01 violation)

If the stolen property or service value is equivalent to $100,000.00 or more the defendants will not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as pursuant under section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Criminal Defense Attorney in Arizona
Arizona felony theft charges have many facets which need to be evaluated by an experienced criminal lawyer to determine from what front the charges may be challenged. A good criminal lawyer in Arizona will know how to use the Arizona Laws to your defense advantage. They will guide you through the criminal law process, while looking for every opportunity to strengthen your defense, challenge evidence, and weaken the prosecution’s case against you. Due to the severity of penalties for felony thefts it is imperative to be defended by an experienced private practice Arizona criminal attorney if you wish to have any chance for success at defending your charges, getting a case dismissal, reduction of charges, sentencing or good outcome in your case.

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Winning Defense Arguments used by top rated Maricopa County DUI or Criminal Defense Attorneys to Modify Release Conditions in your favor.

You or someone on your behalf should consult a criminal or DUI defense lawyer in Scottsdale as soon as possible if you have been arrested or taken into custody. Here is just one reason why: Following your arrest for DUI or other Criminal Charges in Maricopa County you will remain in police custody until you appear before the Maricopa County Court Judge who will read you your formal complaint, rights, and pre-trial release conditions.

The Maricopa County Court Judge’s release conditions should meet the standard of A.R.S. Criminal code Rule 7 requirement of “onerous” (or the least burdensome) initial pre-trial release conditions based on your charges and factors that surround it. If these initial release conditions are too harsh, or unreasonable, you should retain the services of an experienced criminal lawyer who defends criminal, Drug, or DUI charges in Maricopa County. Your Maricopa County Criminal defense Attorney can file an immediate motion while you are still in custody, to modify your release conditions. They will present compelling arguments, and remind the Maricopa County Judge, and prosecution of the Arizona Rule 7 “onerous” standards. The intent of the standard is that it is of a necessary nature only to secure attendance at future court appearances or trial, and that based on the charges, your release does not pose a threat or harm to the community.

Below are 10 of many arguments your attorney may use and the Maricopa County Court will consider in your defense if they apply, in order to honor your Maricopa County criminal attorney’s request to modify your release conditions. This list is not all inclusive:

1) You have a serious medical condition or disability that requires special or constant medical attention or treatment.
2) Financial hardship that will be imposed upon your family, especially if you are the sole provider.
3) Lack of anyone to care for your children while you are in custody, especially if you are a single parent with no other alternatives for their care and supervision.
4) You are the sole care giver to a disabled, ill or elderly family member.
5) Longevity of your residence in Arizona. Strong ties to your family, home, job, in order to illustrate that you are not a “flight risk”.
6) Name and relationship of another responsible, stable person to whom you can be released to for supervision, who will assure your attendance at future court appearances for which you are required to attend.
7) Your willingness to give up any passports that would allow you to flee the United States, or some other type of assurance that you are not in a position to leave the state of Arizona.
8) Lack of financial resources to make bail.
9) You have no prior criminal record or convictions.
10) Nature of the charges for which you were arrested, were not violent. You did not harm or intend to harm anyone. And your release from police custody does not pose as threat to society.

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