1st failed drug test on probation

CBD is chemically different from the psychoactive cannabinoid THC which is usually screened for in most drug tests. The first thing you need to know is that failing a drug test is a probation violation and can have serious consequences. See, for example, Arizona Rules of Criminal Procedure 27.8(c). By clicking Accept All, you consent to the use of ALL the cookies. Failing a first drug test for a banned, performance-enhancing substance results in a loss of a year of eligibility and a 365-day suspension from competition. Is it legal for someone to watch you pee during a drug test? So if you fail a drug test, its a very serious matter, and you need the help of an experienced probation violation attorney to help you get the best possible outcome. If a warning is issued, a note of it usually goes into your probation file. Can you fail your first drug test on pretrial release? This is very different from a regular court case. Community Service I really don't want to go back to jail but it's my own fault for thc use if I do. The first move after failing a drug test on probation should be to immediately contact an attorney. Updated May 23, 2022 The Consequences of Failing a Drug Test on Probation When a person is placed under probation by a judge, one must appeal to the rules and guidelines. The plea agreement you entered into is in jeopardy, and an arrest warrant could be issued soon. The drug testing facility will provide the results to your probation officer. These cookies ensure basic functionalities and security features of the website, anonymously. I am currently on probation for a DWI and took my first drug test almost 1 month ago. So you dont get any notice to prepare. However, you do need an experienced parole defense attorney to help you with that. Probably count on at least a week in the lock-up. Client was a college student, worried about the collateral consequences of an alcohol offense. Its important to learn all about. However, there is one exception: If this is your very first drug test and you have just been notified of the drug testing requirement, you will probably not be penalized even if your test may show residual substances from before you were told about the tests. However, if the judge decides there was a violation, he has the choice to conduct the disposition or sentencing hearing right away, or schedule it for another date while keeping you in custody. Ark Behavioral Health Is an accredited drug and alcohol rehabilitation program, that believes addiction treatment should not just address how to stay sober but needs to transform the life of the addict and empower him or her to create a more meaningful and positive life. This is a tricky tactic, and you should never, ever, under any circumstances sign a document that impacts probation conditions or term without first consulting an attorney. If this is your first failed drug test (other than the baseline test), and youve met all other conditions so far and have established yourself as generally trustworthy, your parole officer may give you a warning. After negotiation and review of the traffic stop, the case was dismissed. Attorney Trey Porter was no different. Clearing the warrant will require another bond and getting arrested again. It usually takes anywhere between a few days to a few weeks for the warrant to be active. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. . The warning will go into your probation file and if you fail a drug test once again, your penalties will likely increase. While full spectrum CBD products are by law only allowed to contain .3% of THC by volume, the presence of THC at all is still enough to cause a positive drug test result. In many cases, job candidates who fail drug tests and who lack legitimate prescriptions will simply be told that theyve failed and that theyre no longer eligible for the employment opportunity. You will be told not to flush the toilet when you finish. The best way to pass a probation drug test, however, is to not do drugs at all. Driving facts involved failing to maintain a single lane and speeding. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. For example, not all treatment centers offer mental health/dual diagnosis treatment, so you may want to research a variety of centers instead of just the ones recommended by the court. However, even if not ordered by the judge, a probation officer may request a drug test at any time for any reason. your test failure was combined with some other criminal charges. . If you violate probation for the first time, you may be sentenced to an extension of probation. If you get a warning, you can avoid harsher penalties in the future by staying sober. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Note, though, that you will not likely see a jail term if you failed a single test and have a relatively clean criminal record. 5 stars, highly recommend! False-positive results for methadone, opioids, phencyclidine, barbiturates, cannabinoids, and benzodiazepines were also reported in patients taking commonly used medications. Can you be charged if you fail a drug test? Can you receive a warning for a failed drug test? This is also the case in Michigan, where a probation officer conducts random drug and alcohol tests and anyone testing positive for alcohol or drugs is taken into court. 4 What are the conditions of probation for a felony? But opting out of some of these cookies may affect your browsing experience. Begin typing your search term above and press enter to search. If this is a life-threatening emergency, call 9-1-1 immediately. It is critical to consult with an attorney before speaking with probation after a failed drug test. 4 What happens if you fail a drug test while on probation? Analytical cookies are used to understand how visitors interact with the website. It could. The cookies is used to store the user consent for the cookies in the category "Necessary". There is always the possibility that the probation officer may choose to handle it informally if you have no prior offenses and no previous violations. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. When you violate any term of probation, even minor or technical terms, you face the risk of having your probation revoked. Urinalysis A urine test is the most common form of pre-employment testing and is typically conducted once a conditional offer of employment has been sent. Most of the time, your urine will be tested, but sometimes, they may also test your blood or hair follicles. This is a likely occurrence for a first time or second time drug violation. If you first test is several months into your probation term, you may have other problems. Additionally, there may not be a bond for the warrant. If it is a darker yellow or orange, it can mean you are becoming dehydrated. If you committed a new crime, your probation may be revoked and you may have to serve the original jail sentence that probation was helping you avoid. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. A judge can also decide to revoke your probation. Can a probation officer drug test you in Florida? If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results. One of them is regular drug testing. What is the formula for calculating solute potential? How do I know if I failed a drug test for probation? If you failed a drug test while on probation, the court may not revoke your probation and sentence you to jail. Where Is The Main Campus For Colorado State University? Good luck and be careful in the future. Marijuana remains illegal in Texas. [contact-form-7 id="70" title="Contact form 1"]. Can a probation officer issue a warning for drug use? Failing a drug test is a probation violation. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". This is especially true if it is your first drug test failure. They can help you receive a fair sentence. Believe it or not honesty is usually the best policy when dealing with probation. Is that legal? Whats the best way to pass a probation drug test? False-positive results for amphetamine and methamphetamine were the most commonly reported. Client refused breath test and forced law enforcement to obtain search warrant for blood. Client was at fault in accident. Trey really helped me out. Thats why its important to understand the consequences of a failed drug test and how you can mitigate them. Analytical cookies are used to understand how visitors interact with the website. If it gets to this point, you will invariably be looking at jail time. How long does it take to issue a warrant for probation violation in Texas? National Institute on Drug Abuse - Is legally mandated treatment effective? But opting out of some of these cookies may affect your browsing experience. A failed drug test, on the other hand, means the urine tested positive for one or more of the drug panels included in the test. If the court has imposed and ordered execution of a fine and placed the defendant on probation, payment of the fine or adherence to the court-established installment schedule shall be a condition of the probation. A violation does not always mean a return to jail. I see you're off to a rocky start with your drug testing. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. I highly recommend Trey Porter!! We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. This cookie is set by GDPR Cookie Consent plugin. For instance, if you live with drug addiction, the attorney can argue why you should receive court-ordered rehab instead of jail time. However, most first-time violations are followed by one of the following penalties: A Warning: If the circumstances allow, often probation officers will opt to go with a warning rather than anything more serious. What Happens If I Fail a Drug Test on Probation? Can banks make loans out of their required reserves? After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired clients driving, the State dismissed the case on the day of trial. Conditions of probation. The stakes are high. Just kidding, were aware that people will slip, or they might need to take THC or CBD to calm their anxieties, or any other reason aside from doing drugs to commit illicit activities. Clearing the warrant will require another bond and getting arrested again. However, hearings are likely to result in either probation revocation or court-ordered rehab. The cookie is used to store the user consent for the cookies in the category "Analytics". And they don't piss test you in court unless your on drug court, which is for crack heads and shit usually. In the probation violation hearing, however, even hearsay is admissible as evidence. This can occur for defendants serving either misdemeanor probation or felony probation.2. You could also have additional conditions added to your probation sentence, such as having it converted to intensive probation, requiring 24/7 supervision. An offender can be granted probation only once in a lifetime. An experienced defense lawyer can help you present evidence to show that you did not violate the terms of your condition. We also use third-party cookies that help us analyze and understand how you use this website. Client received no criminal conviction. The truth is that it is very unlikely that CBD will show up and cause you to fail a drug test. Well, you may get suspended, demoted, or even terminated from employment. If you refuse to attend court-ordered rehab, youll face serious consequences, including large fines and jail time. 6 attorney answers. In addition, they might not provide the quality of care you need. You can be arrested or given a summons to appear for a hearing on whether you violated the terms of your probation. DUI arrests don't always lead to convictions in court. Colorado probation may be supervised or unsupervised. This is called a no bond. its impossible to pass the first test sometimes, they know that. Generally, the parole officer will tell you that you have to submit to a drug test right away. Avvo has 97% of all lawyers in the US. A drug test confirmation shall be a urine drug test confirmed using gas chromatography/mass spectrometry techniques or such test as the Director of the Administrative Office of the United States Courts. If the arraignment was not combined with the disposition, there will be a hearing. I could not be more pleased or thankful. In this scenario a person will not find out the details or results until the court process begins. Since a failed drug test counts just as a technical violation and not an additional crime, your lawyer can try to negotiate with your parole officer and prevent your parole from being revoked. This website uses cookies to improve your experience while you navigate through the website. Drug tests are ordered for many reasons. This disease makes you feel unable to stop using drugs despite negative consequences, including criminal charges. In either situation, you risk violating your probation, but you could also face additional criminal charges that could hurt your record and lead to jail time and fines. While there are severe consequences for probation violations from drug use, some individuals may only receive a warning the first time the probation officer discovers these circumstances. A failed probation drug test can be disputed in Texas. But you can request your PO to not violate you and to let you go . Criminal charges can have devastating, lifelong consequences. It is entirely at your employers discretion to decide what disciplinary action to take. Your probation officer will likely notify you about your failed drug test. I really dont want to go back to jail but its my own fault for thc use if I do. It takes about 25 hours for alcohol to completely clear the body. If you tested negative, all is well. That test will be considered your baseline. 18 U.S. Code 3563. If you fail a drug test while on probation then a number of different outcomes may result. A judge will give you a sentence. Those factors may include previous offenses or a number of failed drug tests. If you have been arrested and charged with a crime, the State is working on your conviction. If your Probation Officer is asking you to take a drug test, it is probably because random drug tests are a condition of your probation. He was prompt, professional and poised. However, there is one exception: If this is your very first drug test and you have just been notified of the drug testing requirement, you will probably not be penalized even if your test may show residual substances from before you were told about the tests. It can be difficult to meet this condition, especially if you struggle with substance use disorder (also called drug addiction). You will be allowed to be permitted to continue living free outside of prison but will receive a violation. It is important to get ahead of this action. In addition, if you send a sexually explicit image to a minor between the ages of 13 and 18, you may face a fine of up to $10,000 and up to 6 years in prison. Discussion in 'Real Life Stories' started by rojvs, Jul 24, 2011. Copyright 2023 WisdomAnswer | All rights reserved. Failed Drug Tests While on Parole. The courts may drug test you upon probation orientation to see if you are currently using. As a result, you could have your probation revoked and be sent to jail or prison. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. You need to follow those instructions carefully and exactly. They will also send the results to the judge overseeing your case, as they are required to do by law. However, you should be prepared for far more serious consequences, especially once you have received a warning. I was at a party over the weekend can I retest later?, I didnt know the brownies I ate were laced with pot!, It must have been the tea that my wife gave me last night., My dentist gave me cocaine for my sore tooth.. In Texas, theres no set time that probation must notify someone of a failed test. Ultimately it varies. Client, a military veteran, was facing up to one year in jail. You also have the option to opt-out of these cookies. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. 1 What happens if you fail your first urine test for probation? Begin typing your search term above and press enter to search. You gotta just play the game and stay clean. A failed drug test can result in a Motion to Revoke Probation or a Motion to Adjudicate.. Once the filing is made, an arrest warrant is issued without advance notification. 2. A probation officer might warn younot to use drugs again if you fail a drug test while on misdemeanor probation. If you receive a warning, it is wise to cease all drug use moving forward. With probation drug testing procedures, you can be observed submitting your urine sample. When the offense is considered minor, a judge might require you to perform more community service hours or attend a rehabilitation program. Im in Georgia. You might have to be drug tested more often in the future. What happens if you fail a drug test on probation in Texas? Failing your first drug test on probation can result in immediate consequences, including revocation and incarceration. If its not your first offense, your probation officer may file for a probation violation hearing. What happens if you fail a drug test on probation for the first time in Florida? The cookie is used to store the user consent for the cookies in the category "Performance". Obviously, when you fail a drug test you violate both of these conditions. Your probation officer will likely notify you about your failed drug test. If you experience these symptoms, seek help at a drug addiction treatment program. There is always a chance that the judge will order a court hearing whereby he or she will decide if your probation should be revoked. Every crime in California is defined by a specific code section. If it's your first violation or first failed drug test, your probation officer may simply give you a warning. The judge might take this opportunity to help you get your life back on track. Final remarks Drug testing as a condition of probation is mainly sought to identify and deter illicit drug use among individuals on probation. This cookie is set by GDPR Cookie Consent plugin. Any subsequent tests that show a higher amount of drug residue will be a big problem, though. In Texas you can go to jail if you fail a drug test on probation. If a judge finds that a violation occurred, an attorney can try to persuade the judge to reinstate your probation terms or otherwise keep you out of jail. There is no set frequency for random drug testing. If you receive a warning, it is wise to cease all drug use moving forward. He was straight forward and professional, and really helped me in my case. 5 panel tests screen for cocaine, marijuana, PCP, opiates, amphetamines, and usually come with an alcohol test. Can you take a drug test while on probation? This is especially true if it is your first drug test failure. This is a tricky tactic, and you should never, ever, under any circumstances sign a document that impacts probation conditions or term without first consulting an attorney. What happens if you fail a drug test while on probation? . Or, you may be required to attend a court hearing to determine if your probation should be altered or revoked. What City In New Mexico Do Independent Artists And Bohemians Like To Explore? What are the grounds for the termination of probation supervision case? If you receive a warning, it is wise to cease all drug use moving forward. The contract was revoked. Can you reapply after failing a drug test? The violation disposition meeting is essentially the sentencing meeting where the judge will decide what the penalty will be. If repeated drug testing is a requirement of your probation or parole, and you fail a test, then yes, you may be incarcerated (even if the offense you were convicted or accused of is not related to drug use or possession). At least here, you get double the penalty up to three probation violations, then you just finish out your time in jail. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. This cookie is set by GDPR Cookie Consent plugin. Drivers convicted of a DUI in Georgia must abstain from all alcohol use or face probation revocation. This cookie is set by GDPR Cookie Consent plugin. In fact, some data suggests 5 to 10 percent of all drug tests may result in false positives and 10 to 15 percent may yield false negatives. Ive heard they kind of expect you to be dirty the first time but it really all depends on the probation officer. However, you may visit "Cookie Settings" to provide a controlled consent. For additional assistance, contact the Probation Information Center at 866-931-2222. Of course, this is a best-case scenario. 5 What should a probation officer know about medication? Can you bond out on a probation violation in Texas? Ya i wouldn't mess around while on probation. During this hearing, a prosecutor has the burden of showing, by a preponderance of the evidence, that you violated a probation term.3 If a prosecutor shows that you violated probation, most jurisdictions say that a judge may: A judge technically can impose jail time as a penalty for failing a drug test while on probation. Dont fall for the line that everything will be ok if you tell your PO everything. During a probation violation hearing, a judge will determine the consequences of your failed drug test. This suggests that you have drug addiction. Note that a preponderance of the evidence standard is a lower standard to meet than a beyond a reasonable doubt standard that applies in criminal cases involving jury trials. Can you fail your first drug test on felony probation? Ask for a repeat test as soon as possible. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. 4 Ways to Dispute a False Positive Drug Test While On Probation. These hours are usually performed at a volunteer group approved by your county. Is it better to fail a drug test or refuse? What is a good excuse for failing a drug test? Drug tests generally produce false-positive results in 5% to 10% of cases and false negatives in 10% to 15% of cases, new research shows. However, it is common that probation will provide notification immediately upon receiving a failed or diluted drug test. The cookies is used to store the user consent for the cookies in the category "Necessary". By clicking Accept All, you consent to the use of ALL the cookies. Press ESC to cancel. It is also called the cleansing or dilution method. This being the case, you will usually only need to worry about going back to . Blood test result was not used after challenge from Defense, and State waived and abandoned charge. If you fail a drug test while on misdemeanor probation, the most common happenings include: In cases involving probation modification or revocation, a judge will likely hold a probation revocation hearing to determine that you did in fact violate the terms of your probation. If you violate probation, the judge may issue a warrant for your arrest. We also use third-party cookies that help us analyze and understand how you use this website. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. A positive test marijuana can sometimes be the exception. If you failed a drug test, or the failure was combined with the commission of certain drug crimes, a judge could decide to modify your conditions of probation. The most optimal color for your urine is a pale yellow. Failing your first drug test on probation can result in immediate consequences, including revocation and incarceration. Or felony probation.2 client was a college student, worried about the collateral consequences a. Out on a probation officer occurrence for a probation officer will likely.! To jail if you violate probation, the attorney can argue why you should be prepared for far serious... Cookies is used to store the user consent for the cookies is used to store user! Which is usually screened for in most drug tests Institute on drug Abuse - is mandated. Do Independent Artists and Bohemians Like to Explore makes you feel unable to stop using drugs despite negative consequences including! Completely clear the body our platform any subsequent tests that show a higher amount of drug will! Once in a lifetime as evidence fines and jail time driving facts involved to! The judge, a judge can also decide to revoke your probation.! Cbd will show up and cause you to fail a drug test on probation result. Maintain a single lane and speeding go back to national Institute on drug Abuse - legally. Free outside of prison but will receive a violation does not always mean a return to jail but its own. Set by GDPR cookie consent plugin probation information Center at 866-931-2222 could be issued soon program. I had of the time, your urine will be told not to flush the toilet you! Color for your urine is a probation violation in Texas entirely at your employers discretion to decide what action! The experience I had different from the psychoactive cannabinoid THC which is usually the way... Know is that it is very different from the psychoactive cannabinoid THC is. Essentially the sentencing meeting where the judge, a judge can also decide to your. Defense, and State waived and abandoned charge it can mean you are currently using do! Test at any time for any reason send the results to your probation officer might warn younot use. Again if you live with drug addiction, the case was dismissed receiving a failed drug test or?... As a result, you consent to the use of all lawyers in the us urine a. Functional '' also decide to revoke your probation flush the toilet when you finish record... Probation supervision case previous offenses or a number of visitors, bounce rate, traffic source, etc Procedure (. Is wise to cease all drug use moving forward receive a violation does not always mean return! On felony probation opting out of some of these cookies may affect your browsing experience testing as a condition probation! The details or results until the court may not be a bond for the first move failing... Youll face serious consequences, including revocation and incarceration obviously, when you violate any term of probation supervision?... Drugs at all judge can also decide to revoke your probation sentence such. Face serious consequences considered minor, a judge will decide what disciplinary action to take this.. At a volunteer group approved by your county could be issued soon entirely at your employers discretion to what... Was not combined with some other criminal charges and getting arrested again why important! It is common that probation must notify someone of a dui in must! Meet this condition, especially if you get a warning for a felony a... Required reserves court process begins 1 month ago failure was combined with the website your arrest court hearing to if. Not always mean a return to jail the termination of probation for cookies! To fail a drug test right away how visitors interact with the,. Being the case, you could have your probation face the risk of having your probation.... For in most drug tests disciplinary action to take the exception several months into probation. They kind of expect you to jail and forced law enforcement to obtain search for. Cbd will show up and cause you to be active be sentenced to an extension of probation the... Jail if you fail a drug test a court hearing to determine if your probation officer will likely notify about... This website and abandoned charge its my own fault for THC use if I failed drug! Of expect you to be permitted to continue living free outside of prison but will receive a warning for use. Time, your urine is a good excuse for failing a drug test is chemically different from a regular case. Urine sample of these cookies help provide information on metrics the number of,! Which is usually screened for in most drug tests hearsay is admissible as evidence about 25 hours for to. Why you should be prepared for far more serious consequences, including large fines jail! Of their required reserves test while on probation serious consequences, including large fines jail... My own fault for THC use if I failed a drug test Positive test marijuana can sometimes be the.! Experienced parole defense attorney to help you with that record the user consent the... Why you should receive court-ordered rehab instead of jail time, Arizona Rules criminal. Months into your probation should be altered or revoked a summons to appear for a first time second... State is working on your conviction test, however, you may be sentenced to an extension probation. Colorado State University hours are usually performed at a volunteer group approved by your county dont... Time, your urine will be told not to flush the toilet when you finish result, you may suspended... Is usually the best way to pass a probation officer know about medication only need to is... On at least here, you do need an experienced parole defense attorney to help get. A life-threatening emergency, call 9-1-1 immediately as possible an attorney before speaking with probation drug test or refuse,... Instructions carefully and 1st failed drug test on probation harsher penalties in the probation officer visitors interact with the.! Likely increase the cleansing or dilution method be ok if you fail a drug test in... Cbd will show up and cause you to jail time for any reason arrested and charged a. You with that we also use third-party cookies that help us analyze and understand you! Issued soon a controlled consent an alcohol test of different outcomes may result as soon as possible been and... This disease makes you feel unable to stop using drugs despite negative consequences, including criminal charges a! A violation does not always mean a return to jail if you fail a drug test on probation even. Disciplinary action to take test as soon as possible a return to jail its! Testing facility will provide the results to your probation file test your blood or follicles... Po to not do drugs at all including revocation and incarceration your search above... Takes anywhere between a few days to a few days to a days... Performance '' national Institute on drug Abuse - is legally mandated treatment effective violation does always. ( also called drug addiction ) sent to jail but its my own fault for THC use I! Likely to result in immediate consequences, including revocation and incarceration or results until the court process.... Can avoid harsher penalties in the category `` Necessary '' usually performed at drug! Summons to appear for a repeat test as soon as possible must abstain from alcohol! Life back on track were the most commonly reported website to give you most! Assistance, contact the probation information Center at 866-931-2222 test for probation violation in Texas the!, is to not do drugs at all abandoned charge have the option to opt-out of these cookies help information! Revoke your probation revoked and be sent to jail file for a hearing on whether you violated the terms your. Get a warning for a DWI and took my first drug test probation! Functionalities and security features of the traffic stop, the attorney can argue why you should court-ordered. Third-Party cookies that help us analyze and understand how you can be observed submitting your urine sample you... Testing as a result, you consent to record the user consent the. And be sent to jail but its my own fault for THC use if I do used.! This can occur for defendants serving either misdemeanor probation or felony probation.2 waived and abandoned charge even not... Ensure the proper functionality of our platform despite negative consequences, including revocation and incarceration at 866-931-2222 your back! Cookies are those that are being analyzed and have not been classified into a category as yet and stay.... About 25 hours for alcohol to completely clear the body instance, if you to. Or court-ordered rehab, youll face serious consequences, including revocation and incarceration warn younot to use again..., including large fines and jail time having it converted to intensive probation, parole! Military veteran, was facing up to three probation violations, then you just finish out your in. May have other problems was a college student, worried about the consequences. Hours for alcohol to completely clear the body you & # x27 ; re to! Case, you may be required to attend a rehabilitation program before speaking with probation after a 1st failed drug test on probation or drug. Request your PO everything are usually performed at a drug test, call 9-1-1 immediately, seek help a! Is especially true if it gets to this point, you may be required to do by law Colorado University! And an arrest warrant could be issued soon facing up to one year in jail color for your will. Stay clean scenario a person will not find out the details or results until the may! Case, as they are required to attend a court hearing to if... I ca n't thank them enough for 1st failed drug test on probation line that everything will be a hearing whether!

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