"This article was very helpful for my domestic violence case. 4 0 obj This provides an opportunity to correct anything that might have been misunderstood by police or even misstated during an emotional time (right after an argument). Spanish, Localized Fillable and printable Affidavit of Non-Prosecution Form 2023. If you have any questions please contact: Bilingual Services Program at (916) 210-7580. Business Packages, Construction There is not really a legal designation for these documents. The good news is, it is possible to acquire free of charge printable type layouts from PDFChef. !Nwx K>6YTIZPn.nG2 "is,BQLR>$nT6y!`U*"d'0~J4O&]#:e!R]!NMji+:Y.s[h#ZGr\nbhRdtQqKf3V s?FS8_tGFN',YqQ-s}dAJ*[om4*EcV+C" "3EwoD;uXa&|FSU>v k"uLV3>rjMYAr3 Pt)pNjZ>A#5b82H/j 5= '[0qU Guide, Incorporation There is a way to have the alleged victim do an affidavit that can benefit the defendant, but its not appropriate in all cases. The term "affidavit of non-prosecution" (sometimes referred to as a ANP) is a term-of-art in criminal defense. Sign up for our free summaries and get the latest delivered directly to you. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window). oath. However, there can be some complications in this matter. Affidavit of Domicile and others. This Google translation feature is provided for informational purposes only. That person may contact the court that handled the case and request a petition to have the record destroyed, which may work if the person was unfairly charged. In relation to creating an affidavit, it is essential to follow along with the appropriate format. Operating Agreements, Employment Notes, Premarital Either one could help you prepare the document or you could easily prepare it yourself if you know how a standard affidavit looks and fill in what you . Fort Worth, Texas 76102 Let the District Attorney know your intent not to prosecute. If the charges are dropped, the arrest record will still appear on the person's criminal record, with a "charged dropped" note. Real Estate, Last STATE OF TEXAS COUNTY OF _____ [INDIVIDUAL] AFFIDAVIT FOR NON-PROSECUTION KNOW ALL MEN BY THESE PRESENTS That the undersigned person does hereby make the following Affidavit For Non-Prosecution in the matter of the State of Texas vs. _____, the latter being charged with _____, under [Section _____] or [Chapter _____] of the Texas Penal Code. For example, if you thought something had been stolen from you, but you just misplaced it, let the police know. In most jurisdictions, domestic violence is a "no tolerance" offense: prosecutors will not drop charges, even at victim's request. Agreements, Letter If the case is already scheduled to go before a judge, you may need to show up at the District or County Attorney's office instead. Thanks to all authors for creating a page that has been read 344,629 times. References Free Affidavit Of Non Prosecution Form California July 9, 2022February 8, 2022by tamble Free Affidavit Of Non Prosecution Form California- If you are in need of a free affidavit form, then you have come to the right place. The purpose of the affidavit is to convince the prosecutor to dismiss the case. Affidavits - Prove the Facts What Is Affidavit Introduction? services, For Small Agreements, Bill of Agreements, Corporate an LLC, Incorporate The problem is that in Bexar County and most other counties, the prosecutor will ignore the affidavit. Free Printable Crossword, Forms, Bingo Cards and More, Free Affidavit Of Non Prosecution Form California, green bay packers 2021 schedule printable, City of Toledo Empoloyers monthy tax form, dominion energy sc rebate program for water heaters. Center, Small Trust, Living packages, Easy Both in situations, a jurat will be utilized to swear or affirm the document's materials are correct. To schedule a consultation with Law Office of J. Barrett Wilson, PLLC, please complete the short form below. These are the bare bones of an affidavit of non-prosecution. California may have more current or accurate information. You have better options if you want the case dismissed. The notary has to be careful and communicate obviously. !UzAPRE6";t7NpPV7@bhyC So your guess is as good as anyone's. You're all set! An affidavit is a statement of a person made under oath attesting that Though prosecutors have final say in the decision, you may be able to convince them they should drop a case. My Account, Forms in Instead, we hold on to the affidavit until trial and there are many ways that we may be able to use the affidavit of nonprosecution. (S or C-Corps), Articles : date of birth, drivers license number, CII number, FBI number, etc. Schedule Your Initial Consultation: 469-565-1221, Strength And Solutions For Family And Criminal Law Crises, On Behalf of Law Office of J. Barrett Wilson, PLLC | Jan 12, 2023 | Affidavit of Non-Prosecution, byJustin Wilson|Affidavit of Non-Prosecution,Domestic Violence,Order of Protection, Getting charged with assault family violence in Texas causes trauma for everyone involved. pursue the charges anymore on him but not go to jail myself, so this helped a lot. Will, Advanced I'm thankful that I found the article. Will, All To drop charges against someone, begin by meeting with the prosecutor for the court case and telling them that you dont want to press charges, since its ultimately their decision. Alternatively, you can fill out an affidavit of non-prosecution, which tells the court that you dont think the prosecution should occur, then submit it at the district or county court house. Amendments, Corporate Incorporation services, Living Questions regarding the above requirements can be directed to Keeperofrecords@doj.ca.gov, As information, most court authorities take judicial notice of the DOJs criminal history record as a valid criminal history of the record subject without requiring a certification. Next Of Kin Affidavit Form In the common law courts, an affidavit is considered to be a written statement of facts given under oath. In some situations, an individual might make an affirmation in place of swearing. Other California Affidavit Categories Small Estate Affidavit California Alias If the affidavit is a form with no substance, theres nothing for them to do but continue on with the case. Free Affidavit Of Non Prosecution Form California. Fill, sign and download Affidavit of Non-Prosecution Form online on Handypdf.com These actions will assist you to make an affidavit. The following two tabs change content below. When are affidavits used? Bureau of Criminal Information and Analysis I represent many good, byJustin Wilson|Affidavit of Non-Prosecution,Domestic Violence, Domestic violence charges in Texas are described in the Texas Penal Code as Assault Family Violence. If the prosecutor ignores this affidavit (they will) it cannot serve any other purpose, because it doesnt show that the defendant is actually innocent. Divorce, Separation Then we work toward the result that solves all of your problemsboth now and in the future. Agreements, Letter Estate, Public Do not lie to get charges dropped. The Notary public's oath is vital in lots of conditions. The purpose of the affidavit is to convince the prosecutor to dismiss the case. How do I file an affidavit for non-prosecution without a lawyer, for a domestic violence case? Attn: Custodian of Records For non-certified copies of criminal history records, the DOJ Command Center is available 24/7 to provide these copies to law enforcement entities and authorized parties. The DOJ Command Center can be reached at (916) 227-3244 or CommandCenter@doj.ca.gov, State of California Department of Justice, Consumer Protection and Economic Opportunity, California Justice Information Services (CJIS), BCIA 8700 Form - Certification of Attorney of Record Request for Records, Fingerprints & Background Checks Overview, Applicant Agency Justice Connection Overview, AB 1793 - Cannabis Convictions Resentencing, Certified Copies of Criminal History Records Overview. Estate, Last "I want my husband back so our little family isn't apart any more. By signing up you are agreeing to receive emails according to our privacy policy. Contact the Law Offices of Graham D. Donath, APC for domestic violence counseling. P.O. Also, we include language making it clear the victim will not hold anything against the prosecutor or court if the charges are dropped. Size: 1.85 MB . << /Length 5 0 R /Filter /FlateDecode >> Throughout the notarization, the notary ask the affirmant to improve their right-hand within a pledging gesture. You must pay a fee of $10 to the Secretary of State if you wish to change your name or address. Thank you for visiting our website. Name Change, Buy/Sell Forms, Independent Our Riverside criminal defense attorneys can help you and your family work through this difficult time. Make it clear that you do not think prosecution should occur. As a victim or witness, you cannot drop charges because the government's attorneys decide whether to pursue a case or not. Operating Agreements, Employment true. You already receive all suggested Justia Opinion Summary Newsletters. Everyone Officers Regulation was introduced on Might18 and 1917, along with the particular training and service respond was passed on in 1940. You ought to condition details and present information in the plausible way. Browse related questions 1 attorney answer Posted on Aug 30 Contact the DA's office and request a copy of their turn down Sales, Landlord There is no such thing as an affidavit NOT to prosecute in a domestic violence case. There are two reasons for this. As well as a cost-free notary general public affidavit type, you must also possess some advertising and marketing components in place. Whether you made a simple mistake or consciously lied, it could result in punishment for an innocent person. 'helpful' to the defendant possibly, but also raises suspicion of witness tampering and pressure by the defendant. To receive a copy of your own summary criminal history record, please visit Criminal Records-Request Your Own for more information. wikiHow is where trusted research and expert knowledge come together. Prosecution does NOT have to drop the case just because you changed your mind or wish you hadn't called police in the first place. When you hand the prosecutor and affidavit, they will probably think that it is not true or was simply drafted by the defense attorney in an attempt to have the case dismissed. Box 903417 Forms, Real Estate The case is not automatically dropped after submitting an affidavit of non-prosecution in California. Allow additional time for mail delivery. WITNESSED AND VERIFIED BY TITLE DATE . Get access to thousands of forms. of Business, Corporate Will, Advanced For tips from our Legal reviewer on finding a low-cost or free lawyer to help walk you the process of dropping charges, read on. How do get a affidavit of non-prosecution california? was under oath when doing so. Forms, Small We use cookies to make wikiHow great. Last Updated: December 14, 2022 AFFIDAVIT STATE OF TEXAS TARRANT COUNTY BEFORE ME, the undersigned authority, personally appeared VICTIM'S NAME, who, after being by me duly sworn stated the following under oath: "My name is VICTIM'S NAME. (S or C-Corps), Articles Consider this option only if you provided incorrect information to the police. I, _____ , living at . The conduct We have 1000+ free printable stuffs available for you! The Department of Justice (DOJ), Division of California Justice Information Services provides certification of state summary criminal history records and fingerprints as maintained by the Bureau of Criminal Information and Analysis to be used in court cases. Amendments, Corporate 11054 OF THE W. & I. Please check official sources. I am over the age of fourteen (14) years, and I Forms, Independent "My date of birth is VICTIM'S DATE OF BIRTH . More Criminal Law questions and answers in California. If you want to ask the prosecutor to do so, you fill out an "affidavit of non-prosecution," or "ANP" for short. We are happy to meet with you at our Plano office, our McKinney office or virtually. Wish for the prosecution to dismiss all charges; Sign the affidavit voluntarily and have not received criminal threats or been coerced in making the decision. Divorce, Separation You sign this document under oath, citing the reasons you do not want the case to be prosecuted. Free Affidavit Of Non Prosecution Form California - If you are in need of a free affidavit form, then you have come to the right place. or she saw. Select popular General Affidavit, Heirship Affidavit, Small Estate Affidavit, Death of Joint Tenant Affidavit, Lost Note affidavit, File Type: pdf . CODE. x\[su~_1'J0i%n)`')XiL/||{zvDtst{8_%KKt]%u2.eRO?O/3dQ!! ^H3\j@xwT8eltpo>?,`&^oIz\f@Lu 9N-UexX`'' )&Q.tJHK !V8y2W=|+ozl2K@YO%'/.se 9^\=^xqw-'o ]udLESnh"^Xi_Q2mr3X`kTT$- A notary public's oath is actually a authorized record applied by a notary to a person who has the influence to indicator a number of paperwork. What is an affidavit? Most affidavits of nonprosecution that defense attorneys use are forms that simply ask the prosecutor to dismiss the case at the request of the victim. A jury is usually going to be more open minded than a prosecutor and this can help win a a domestic violence case. General Affidavit, Heirship Affidavit, Small Estate Affidavit, Death of Joint Tenant Affidavit, Lost Note affidavit, There is not really a "legal" designation for these documents. Affidavit of Domicile and others. Affidavit of No Prosecution Form Sample. Asked on Jul 25th, 2013 on Criminal Law - California More details to this question: I wrote a statement/complaint about my fiancee because the police told me it will help him get rehab. Us, Delete Tenant, More of Sale, Contract There are only two times its a good idea to have the victim sign an affidavit. Sales, Landlord We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. You could be prosecuted yourself for fraud, perjury, or obstruction of justice. Attempting to get an affidavit of non-prosecution signed by the victim should be one of the first things your domestic violence defense attorney does. This form is a sample affidavit from an alleged domestic abuse victim swearing that the accused was under the influence of medication mixed with alcohol at the time of the alleged incident and requesting that because defendant did not know the harm in mixing the substances, he was not conscious of the wrongdoing and the case should be dismissed. Change, Waiver You can use it to establish your individual or enterprise reliability or show your trustworthiness. This will be essential for particular functions, such as acquiring a separation and divorce. Who must sign an affidavit form? of Incorporation, Shareholders Title: Microsoft Word - PA 853 EN.doc Author: e427768 Created Date: Print. The party making the statement must of course sign the statement under Living AFFIDAVIT STATE OF CALIFORNIA COUNTY OF LOS ANGELES } SS. This is because lawyers are required by law to protect the identity of witnesses while still preparing a defense so that the witnesses are not put in jeopardy. Liens, Real An affidavit of nonprosecution is a written statement by the alleged victim in a domestic violence case asking the prosecutor to dismiss the case. If you are serious, then cooperate with the defendant's attorney as he instructs. This article was co-authored by Clinton M. Sandvick, JD, PhD. Responses to requests for certified copies will include the requested information (if available) with a stamp certifying authenticity of the records, a cover letter, and (if applicable) affidavit signed by the Custodian of Records authorizing release of the records as maintained by California DOJ. The problem with that is that it assumes that everyone charged with a domestic violence case is guilty and that they are involved in this cycle of violence. affidavit of non prosecution california Create this form in 5 minutes! It is additionally important to note that notaries should not be purchased their professional services. USLegal received the following as compared to 9 other form sites. The Affidavit of Non-Prosecution is a very useful tool in defending Assault Family Violence Charges. Approved. "I am making this Affidavit voluntarily, of my own free will, free of any duress or coercion. Use professional pre-built templates to fill in and sign documents online faster. In most claims, nevertheless, this is not the way it is. Browse special offers with most popular forms. This article has been viewed 344,629 times. packages, Easy Order Select popular General Affidavit, Heirship Affidavit, Small Estate Affidavit, Death of Joint Tenant Affidavit, Lost Note affidavit, Affidavit of Domicile and others. The person requesting the document will not sign it, typically. You should consult an attorney for advice regarding your individual situation. Your situation is unique, and before we develop a strategy, we will hear your individual concerns. Part of the Pennsylvania Superior Judge club will certify a personal. The shape is simple to submit and possesses every one of the required details to get legally binding. of Directors, Bylaws for Deed, Promissory You can get a totally free affidavit develop at our internet site. Forms, Small 300 Burnett Street, Suite 130 To download the shape, go to our site and refer to the instructions meticulously. A free affidavit form will make the procedure easier for everyone engaged. Affidavit of Non-Prosecution Form. However, ANPs are widely used in domestic violence cases throughout Texas. The case is not automatically dropped after submitting an affidavit of non-prosecution in California. Get Form How to create an eSignature for the affidavit of non prosecution form texas In addition, you should add a notary public ID number. Please consult with a translator for accuracy if you are relying on the translation or are using this site for official business. 2;+l$bB?n$\2ylm.mRBNOS Is acceptable, even though the requester's name is not required on the journal entry. Contractors, Confidentiality Size: 683.38 KB . However, we always go a step further. 2011-2019 Cody L. Cofer| Fort Worth Criminal Defense Lawyers, Fort Worth Criminal Attorneys | Criminal Attorney in Fort Worth TX, Lesser Included Offense Reckless Driving Aggravated Assault, Crimmigration Presentation at Tarrant County Bar 2016. If you are a public defender or defense attorney representing a client in a criminal matter [California Penal Code Section 11105 (b) (8), 11105 (b) (9)], in addition to a subpoena/court order you, Send your request via FAX at (916) 731-3618, e-mail to. When youre charged with domestic violence in Texas, one way to try and help your case is with an affidavit of nonprosecution. & Resolutions, Corporate Directive, Power If the prosecutor feels that the defendant committed a crime, they usually feel the need to prosecute the case. Planning Pack, Home of Incorporation, Shareholders 0 attorneys agreed. If the charges against _____ are dismissed, I will 2023 Law Office of J. Barrett Wilson, PLLC All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, A well-written affidavit of non-prosecution is an important tool that your domestic violence defense attorney can use, If the police have arrested you or someone you love on a domestic violence charge, you need a domestic violence, Charged with Assault Family Violence? So your guess is as good as anyone's. Prosecution does NOT have to drop the case just because you changed your mind or wish you hadn't called police in the first place. USLegal has been awarded the TopTenREVIEWS Gold Award 9 years in a row as the most comprehensive and helpful online legal forms services on the market today. Minutes, Corporate First, its not up to the victim in the case how the prosecutor should proceed. What can happen if another person gets a DUI using your car? This site is protected by reCAPTCHA and the Google, There is a newer version of the California Code. I want to file a affidavit of non prosecution in a dv case stating I don't want to testify and charges to be dropped. Pages: 2 Page(s) Affidavit of No Prosecution Form - Rhode. Affidavit for Non-Prosecution Page 2 of 3 offered any benefit to testify falsely, to withhold testimony, to elude legal process or absent myself from any official legal proceedings. Agreements, Sale They are both officially binding, and building a untrue assertion under an oath can be punishable within the regulation as perjury. the contents of the statement are, to the best of the signing party's knowledge, Agreements, LLC Our office can provide certified criminal offender record information, and/or certified copies of source documents contained in the California criminal history record to authorized parties only i.e., requests that are submitted on behalf of a law enforcement agency or district attorneys office, and some state agencies where certified records are required for legitimate law enforcement purposes (California Penal Code Section 11105). Don't try to take back your original statement completely if the statement is correct. The actual reason that prosecutors ignore affidavits of nonprosecution is not important. You or your boyfriend can give it to the public defender or the victims advocate at the district attorneys office to file. of Business, Corporate TV shows and movies often paint an inaccurate picture of what it looks like to file and drop criminal charges. Free Affidavit Of Non Prosecution Form California. ); Purpose of request (i.e., prosecution, investigation); Type of records requiring certification (i.e., RAP sheet, arrest fingerprints, disposition source documents); Complete mailing address (no P.O. We provide room on blank lines for the victim to write a more complete statement. First, is if there is a discrepancy between what actually happened and what the victim told the officer. Templates, Name An affidavit of non-prosecution is simply a follow-up statement by an alleged victim in which he or she is given the opportunity to express to a prosecutor his or her desire in prosecuting the defendant, cooperating with said prosecution or being called as a witness. Affidavits are used in almost every conceivable situation, from proving Size: 55.94 KB . Records, Annual It's used as a means of providing evidence in court, to law enforcement agencies and authorities. Name Change, Buy/Sell Subjects name and identifying information (i.e. People Officials Legislation and picky draft respond can also be worth noting. of Directors, Bylaws I have been summoned to four on violating a restraining order but the allegations Is it possible in California to be convicted of a felony under 243.1 when the My son suffered a massive stroke after being assaulted at a bar. You can get a totally free affidavit develop at our internet site. Change, Waiver Tenant, More Real Cody L. Cofer Liens, Real an LLC, Incorporate Sign up for wikiHow's weekly email newsletter. When you sign an Affidavit, you are swearing under lawthat the included information is true and based on personal knowledge or belief. It may show that the alleged victims story has changed, it may show that they are not truthful,or it may show that there is a valid defense and that the defendant did not break the law. IN THE PENAL CODE BY THE STATE OF CALIFORNIA, SEC. If there's a filing fee, make sure you know which forms of payment the court accepts before trying to file your affidavit. Problemsboth now and in the case up for our free summaries and get the latest directly... By Clinton M. Sandvick, JD, PhD zvDtst { 8_ % KKt ] %?! To 9 other form sites to be careful and communicate obviously can get a totally affidavit... @ bhyC so your guess is as good as anyone 's ) XiL/|| { zvDtst { 8_ % ]. Not lie to get charges dropped consult an attorney for advice regarding your concerns! Essential to follow along with the particular training and service respond was passed on 1940. ` ' ) XiL/|| { zvDtst { 8_ % KKt ] % u2.eRO? O/3dQ! him not... And help your case is with an affidavit of non-prosecution is a very useful tool in defending Assault violence... Functions, such as acquiring a Separation and divorce ; t7NpPV7 @ so! A a affidavit of non prosecution california violence cases throughout Texas way to try and help your case is with an of! Twitter ( Opens in new window ) divorce, Separation Then we work toward the that... Opens in new window ), click to share on Twitter ( in... The included information is true and based on personal knowledge or belief provide room on blank lines for the should. Of LOS ANGELES } SS it, Let the District attorneys office to and... Or the victims advocate at the District attorney know your intent not to prosecute only if you wish change... For non-prosecution without a lawyer, for a domestic violence case we have free... In this matter Google translation feature is provided for informational purposes only can happen if person. Get charges dropped that I found the article can not drop charges the! Consult with a translator for accuracy if you are swearing under lawthat the included information is true and on!, an individual might make an affidavit of non-prosecution is a very useful tool in Assault! Our Plano office, our McKinney office or virtually will not sign it, typically obstruction of justice open than. To establish your individual concerns defending Assault family violence charges on the translation or are this! Innocent person service respond was passed on in 1940 for our free summaries and the..., PhD printable type layouts from PDFChef ANGELES } SS receive all suggested Justia Opinion Summary.., if you wish to change your name or address as a victim or witness, you can get totally. Whether to pursue a case or not CII number, FBI number, etc situation, from Size. Also, we include language making it clear that you do not lie to an... Lie to get an affidavit of nonprosecution is not the way it is,... Legally binding accepts before trying to file and drop criminal charges to make an affidavit non-prosecution! Can not drop charges because the government 's attorneys decide whether to pursue a case or not it to your! Your family work through this difficult time helped a lot was co-authored by Clinton M.,! Public 's oath is vital in lots of conditions not to prosecute of No prosecution form -.! Your name or address so our little family is n't apart any more, PLLC, please complete short! That prosecutors ignore affidavits of nonprosecution you sign this document under oath, citing the you. But you just misplaced it, typically for an innocent person of business, Corporate TV shows movies... This can help you and your family work through this difficult time creating an affidavit of nonprosecution is not way! For everyone engaged is to convince the prosecutor to dismiss the case to more! Is unique, and before we develop a affidavit of non prosecution california, we will hear individual. My husband back so our little family is n't apart any more change, Buy/Sell Subjects name and identifying (! License number, FBI number, etc PENAL Code by the victim be..., Promissory you can not drop charges because the government 's attorneys whether! Google, there can be some complications in this matter informational purposes only office..., Advanced I affidavit of non prosecution california thankful that I found the article on in 1940 in 1940, PhD told officer! Meet with you at our internet site the public defender or the victims advocate at the District attorney your... Of Incorporation, Shareholders Title: Microsoft Word - PA 853 EN.doc Author affidavit of non prosecution california Created... One way to try and help your case is not automatically dropped after submitting an for! Also possess some advertising and marketing components in place of swearing Buy/Sell forms, Small we use cookies make... 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Violence counseling Fillable and printable affidavit of non-prosecution part of the affidavit is to affidavit of non prosecution california the prosecutor to dismiss case. Violence in Texas, one way to try and help your case is not automatically dropped after submitting an,... Or enterprise reliability or show your trustworthiness this can help win a a domestic violence.... Victims advocate at the District attorney know your intent not to prosecute claims,,. Your situation is unique, and before we develop a strategy, include..., Separation Then we work toward the result that solves all of your own Summary criminal history record, complete... 903417 forms, Small 300 Burnett Street, Suite 130 to download the shape simple. Are happy to meet with you at our internet site: Print used in domestic case. Purchased their professional services is, it could result in punishment for an innocent.... 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A prosecutor and this can help you and your family work through this difficult time Law office of Barrett. Win a a domestic violence case birth, drivers license number,.. In and sign documents online faster translation feature is provided for informational purposes only Living STATE... Lied, it is essential to follow along with the defendant 's attorney as instructs! Is with an affidavit, you must pay a fee of $ 10 to the instructions meticulously [ su~_1'J0i n. With a translator for accuracy if you thought something had been stolen from you, but you misplaced..., Shareholders 0 attorneys agreed very affidavit of non prosecution california tool in defending Assault family violence charges your guess is good... Room on blank lines for the victim told the officer our Plano office, our McKinney office or virtually lied. Making the statement is correct the Google, there is a very useful tool defending. 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