Schedule I includes the most dangerous drugs, which have a high likelihood of abuse or addiction and no accepted medical uses. South Dakota witnessed 63 deaths in 2014 as a result of drug-related overdoses an increase from 55 deaths in 2013. Schedule IV drug offenses come with a Class 6 Felony conviction up to two years in prison and $4,000 in fines. Specifically, the law provides that No person may knowingly ingest a controlled drug or substance or have a controlled drug or substance in an altered state in the body unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner.. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Go to the statute ( S.D. Click here for information. Level 2 carries a minimum sentence of 4 years and/or a $3,000 fine and a maximum sentence of 8 years and/or a $750,000 file and a mandatory period of parole of 2 years. OMAHA, Neb. Our team wants to get to know you and help you protect your rights. To get your record expunged: You must have successfully completed a pretrial intervention program. Prior results do not guarantee similar outcome.FTC Defense | Lab Defense | PPP/SBA Fraud | PPE Fraud Litigation | SEC Fraud Defense | Tribal Law | Dallas White Collar Criminal Defense | San Antonio DWI | Houston DWI | Areas We Serve | Blog | Disclaimer | FTC Disclaimer | Media Disclaimer | Terms & Conditions | Privacy Policy | Sitemap. The Summit League's Kienan Dixon and Midco's Darron Wallace with all you need to know as they break down the bracket! The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Law Firm Website Design by The Modern Firm, Possession of marijuana, methamphetamine and illegal possession of prescription drugs. Here'due south a breakdown of South Dakota'south penalties for marijuana offenses: South Dakota also enforces an "internal possession" standard. The prosecution must prove the alleged illegal substance is the believed drug to convict an individual. That'south why it's important to explore all treatment options, including the ones far from home. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. Cod. possession convictions can incur harsh fines and long periods of Thats why its important to explore all treatment options, including the ones far from home. Some states also require the evaluation as a condition of participating in programs such as diversions and deferred sentencing that allow the offender to . Addiction Center receives advertising payments from the treatment centers that answer calls to the toll free numbers listed on the websites and is not associated with any specific treatment provider. We are happy to travel to represent people facing drug charges in Wyoming and South Dakota. Possession of illegal drugs does not always result in a criminal conviction. And despite 2013 reforms designed to reduce . If you've been arrested for driving under the influence, talk to an experienced DUI attorney in your area. Much like the rest of the United States, fatal overdoses from heroin or opioid abuse have devastated South Dakota residents. How many years have you been handling South Dakota drug cases? Handling is based on the principles of 12-stride programs like Alcoholics Anonymous and Narcotics Bearding, and the length of a person'south stay is based on progress made toward recovery. Former Special Agent-in-Charge (DEA) South Dakota Drug Laws South Dakota law breaks down all controlled substances into five schedules. in dangerousness and probability of abuse, and increase in recognized Additional details are in Firms engagement agreement and in Rule 7.04 of the Texas Disciplinary Rules of Professional Conduct. Charge Description: STATE CHARGES 22-42A-3 Possession or Use Drug Paraphernalia; Charge Description: STATE CHARGES 22-42-5 (F5) Possession Controlled Drug or Substance (Schedule I or II) These drugs have the highest potential for abuse and no accepted medical use in the U.S. Probable cause is a higher legal standard than reasonable suspicion. This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. For more information, Specialized Registry - South Dakota Prescription Drug Monitoring Program (SD PDMP). Patients will likewise need to consummate a separate detox program and be drug-free 72 hours prior to admission. Provide services only for felony offenders over the age of eighteen; Only accept candidates that are willing to participate in the drug court program on a voluntary basis; Exclude any person seeking to enter drug court based on a present conviction for the distribution of a controlled substance or marijuana; Exclude any person currently required to register as a sex offender; Exclude any candidate that has a violent offense conviction as defined by. When we find them, we will fight to use them to your advantage or exclude that evidence from trial. Schedule three drugs are less likely to be abused and have many medical uses; these include drugs such as Vicodin and ketamine. Schedule Your Case Review and Strategy Session Now! This legal area, also referred to as Drug Crimes law, is a subset of Criminal law and overlaps with Criminal Defense law. Naloxone has been used countless times throughout the nation to save peoples lives from a heroin, morphine or other type of opioid overdose. The states 24/7 Sobriety Program helps reduce rising criminal rates and help people achieve and maintain sobriety from drugs or alcohol. In some rare cases, drug samples are lost, equipment isnt calibrated, or the sample is inadvertently destroyed. |, South Dakota Board of Chiropractic Examiners, South Dakota Board of Hearing Aid Dispensers and Audiologists, South Dakota Board of Medical and Osteopathic Examiners, South Dakota Board of Certified Professional Midwives, South Dakota Board of Nursing Facility Administrators, South Dakota Board of Examiners in Optometry, South Dakota Board of Examiners for Speech-Language Pathology, South Dakota Center for Nursing Workforce, South Dakota Nursing News (quarterly journal), If You Suspect Illegal Controlled Substances Activity. After the conviction is entered, you could also face side-effect consequences like harm to your reputation as a professional. It works by reducing the withdrawal symptoms in people addicted to heroin or opioids without causing the "loftier" associated with those drugs. But it is difficult for law enforcement to prove these cases beyond a reasonable doubt. Enter your information to learn about our advertising options and get in contact with our development team. Schedule I includes the most dangerous drugs, which have a high likelihood of abuse or addiction and no accepted medical uses. The University of Nebraska College of Law, HOW A NEBRASKA LAWYER CAN HELP WITH A DUI CHARGE, Debate Rises Over Nebraskas Marijuana-Related Arrest Increase, Are there drug checkpoints in Nebraska? All rights reserved. Charge Description: STATE CHARGES 22-42A-3 Possession or Use Drug Paraphernalia Attorney advertising. South Dakotas 24/7 Sobriety program works to address these issues and get peoples lives back on track. A skilled South Dakota criminal defense attorney can challenge these inferences. When you have been accused of a drug crime you may be reasonably concerned about how a conviction will affect your reputation or profession, and whether you will be facing jail or prison, fines and costs, or probation. CDS Those willing to travel for treatment have many more options to choose from, allowing them to be more selective when choosing the right center. If you are a parent facing charges of drug possession, you may also face a drug-endangered child charge. A qualified DUI lawyer can tell you how the law applies to the facts of your case and help you decide on the best course of action. medical uses. We represent clients accused of all drug-related crimes, including but not limited to: When drug charges involve large quantities of controlled substances or firearms, you may face federal charges as well as state charges. Schedule Two drugs have a high probability of abuse and accepted medical use under severe restrictions. As a response, new legislation is being put into place to help those at adventure of an overdose get into treatment. In 2015, South Dakota passed Senate Bill 14 the states first naloxone access law which allows medical first responders to carry naloxone with them in case of an opioid overdose. 7031 Koll Center Pkwy, Pleasanton, CA 94566 South Dakota not only prohibits drunk driving but also driving under the influence of drugs (DUI) of drugs. It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. is a Class 4 felony in South Dakota to possess CDS without a valid This means that the product of an illegal search or seizure is not allowed at trial. Do Not Sell or Share My Personal Information, Sale of Controlled Substances in South Dakota, Do Not Sell or Share My Personal Information. South Dakota witnessed 63 deaths in 2014 as a result of drug-related overdoses - an increase from 55 deaths in 2013. Schedule two drugs do possess some medical uses and include prescription medicines such as oxycodone, morphine, opium, methamphetamine, and cocaine. Schedule IV drug offenses come up with a Class 6 Felony confidence up to two years in prison and $4,000 in fines. Schedule III drugs are considered less addictive than schedule I or 2 substances, but are well-documented and canonical for medical use. This category includes stimulants similar ephedrine and benzphetamine. You can also reach the Drug Tip Line at 605-394-1884. Working with a drug defense attorney helps the charged person potentially decrease their jail time, reduce fines, get probation, or perhaps have the charges dropped. Treatment providers are waiting for your call: If convicted, you can expect substance abuse treatment to be part of your sentence, as well as fines, costs, probation, and often jail or prison. A drug conviction in South Dakota can have lasting repercussions that extend well past time served in prison. Illicit drug abuse among South Dakota residents has historically been lower than the national average; however, state law enforcement officers are reporting more opioid overdoses in the last few years from both prescription painkillers and heroin. These punishments are identical to those for possessing the drug. Individuals who suspect drug crime is occurring are encouraged to report it to 911. Laws in every state and at the federal level prohibit the possession, manufacture, and sale of certain controlled substances - including drugs like marijuana, methamphetamine, ecstasy, cocaine, and heroin. Addiction Center is not a medical provider or treatment facility and does not provide medical advice. Thus, if police officers have reasonable suspicion that you either committed or are about to commit a crime, they can stop you, ask you questions, and conduct a limited pat-down. Merely everyone is different. only well-known drugs like marijuana, heroin, and cocaine as CDS, but Many DTOs have refocused their distribution efforts in the land's major cities, similar Sioux Falls, to take reward of the growing number of South Dakota teens looking to experiment with drugs. You may also have your assets seized. You need someone who can look at your case from all angles, and develop the strongest defenses to get you a fair outcome. While the designer drug has popped up all across the nation since 2010, South Dakota had its first confirmed cases of abuse of the drug in 2015. . Get confidential help 24/7. Naloxone is an opioid antagonist medication that, when used properly, reverses the effects of a heroin or opioid overdose. The consequences for felony drug convictions can be devastating, but its possible for those found with illegal narcotics to be found not guilty. This is not a decision you should take lightly, as the attorney you choose to represent you can be a major factor in the outcome of your case. group. What factors does Wyoming consider when punishing drug related crime? (AP) A large-scale drug bust has resulted in the indictment of nine people in eastern South Dakota on a total of 50 felony charges involving a newly discovered illegal drug that's risen in popularity and the overdose deaths of two people. Often, if someone is caught in possession of an illegal drug, they are arrested and charged with a felony. Require that offenders pass a legal screening for entry into the drug court program conducted by the prosecutor with . Target offenders that have fewer than seven lifetime convictions for driving under the influence unless otherwise determined appropriate by the local drug court team; Target offenders for admission who have been assessed for eligibility using a validated risk-needs assessment tool and a validated clinical assessment tool, who are Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. Further, there are Miranda issues, and even constructive possession issues. Crimes involving schedule 3 or IV aren't taken whatever more lightly. The standard police officers need to meet to conduct stop-and-frisk, for example, is reasonable suspicion. If they fail or skip a test, they go to jail. The information provided by Addiction Center is not a substitute for professional treatment advice. Sometimes a programme that works for someone else might not exist ideal for you. Although any South Dakota drug crime is serious, possession of a controlled substance charges carry the lowest penalties. Published: September 21, 2017 | Last Edited: October 6, 2021. PINE RIDGE, S.D. If an individual receives a felony drug possession charge, they should seek legal counsel for advice on how to defend themselves. A local lawyer who practices CDS defense will review the These drugs have the highest potential for abuse and no accepted medical use in the U.S. Felonydrug chargescan include possession of methamphetamine, cocaine, heroin, crack, and other narcotics, including prescription drugs. No thing the type of offense, violators tin can expect to spend a considerable amount of time in prison house and pay a steep fine. Home > Blog > How Do I Fight a Felony Drug Charge? While the designer drug has popped up all across the nation since 2010, Southward Dakota had its outset confirmed cases of abuse of the drug in 2015. Once an offender is convicted of an alcohol or drug-related offense, theyre given the option to participate in the program in lieu of imprisonment. Recipes, precursor chemicals, lab materials, ventilation or any other equipment used for manufacturing or cultivating. However, at this point, they cannot restrain you or otherwise prevent you from leaving. After being arrested for a South Dakota drug crime, one of your first steps should be to retain the assistance of an experienced South Dakota criminal defense attorney. South Dakota DUI law is complex, and the facts of every case are different. Drugs in this category include benzodiazepines, similar alprazolam. Enter Your Zip Code to Connect with a Lawyer Serving Your Area, Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. When you are facing complex charges for a drug crime, it is important that your lawyer has a view of the big picture. Drug transaction records or customer lists. The attorney listings on this site are paid attorney advertising. Keep in mind that the possession of drugs requires you know what the drug is and that it exists. All Rights Reserved. A majority of these deaths were acquired by a heroin or opioid overdose. To provide the best experiences, we use technologies like cookies to store and/or access device information. Whether that remains to be the case in the future, however, is up in the air. The first question defense attorneys answer is whether the drugs in question were the product of a legal or illegal search. At The Criminal Defense Firm, our South Dakota criminal defense attorneys have extensive experience creating compelling defenses to all types of drug crimes. Notwithstanding, Naloxone does not reverse an addiction to opioids. Many of our attorneys have decades of individual experience both prosecuting and defending these offenses. Not consenting or withdrawing consent, may adversely affect certain features and functions. The penalties for a drug DUI are generally the same as those for an alcohol-related offense. While many lawyers don't remember much about the class, most lawyers remember that "possession is 9/10ths of the law." Felony drug charges can include possession of methamphetamine, cocaine, heroin, crack, and other narcotics, including prescription drugs. The S Dakota Department of Social Services coordinates and licenses addiction treatment centers beyond the state. Possession for personal use or with intent to sell, and. In order to qualify for the plan, a patient must be a S Dakota resident, have a substance addiction diagnosis and be 18 years or older. However, research has shown that 25i is highly addictive and can lead to violent, erratic behavior and unpredictable physical side effects. In addition, the law imposes harsher penalties for those who manufacture, distribute, or possess a scheduled narcotic with the intent to sell it. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Complete by February 15, 2023 Those willing to travel for treatment have many more options to choose from, allowing them to be more than selective when choosing the right center. This rule is commonly known as the exclusionary rule, which basically states that police cannot benefit from violating a persons constitutional rights. Possessing, selling or manufacturing any corporeality of a drug listed nether schedule I or 2 is a Course 4 Felony, punishable by a fine no more than than $xx,000 and upwardly to ten years in prison. Offenders could lose their drivers license or a scholarship for college. Agencies involved in this effort include the South Dakota Division of Criminal Investigation, Drug Enforcement Administration, U.S. While it is possible to establish that you constructively possessed the drugs even though they were not taken off of you, this requires the prosecution to prove you knew the drugs were there and intended to exercise control over them. I hired Nick Oberheiden as my attorney after I had an unfortunate situation with the federal government and it has been a life-saving decision. In recent years, drug possession charges have doubled. Key component #9: Continuing interdisciplinary education promotes effective Drug Court planning, implementation, and operations. This provides us with unparalleled knowledge of the states drugs laws and how to effectively defend against the governments case. The authorities served search and arrest warrants on suspects in Baltic, Dell Rapids, Egan, Flandreau, Sioux Falls, and Trent. states regulate the possession of controlled dangerous substances It started as a small court of 6 participants in the Northern Hills of South Dakota. For purposes of the state's DUI laws, under the influence means being impaired to an extent that the driver is incapable of safely driving. Laws 34-20B-12 through -26) and find the substance you're charged with possessing -- it will be listed under one of the five classes. For more information on CDS This field is for validation purposes and should be left unchanged. Treatment is based on the principles of 12-step programs like Alcoholics Anonymous and Narcotics Anonymous, and the length of a persons stay is based on progress made toward recovery. Recently, South Dakota voters passed a recreational cannabis law that would permit residents to possess small quantities of marijuana for personal use. Paraphernalia, including pipes and water bongs, Other opiates, including prescription drugs. Many young people are attracted to 25i because they believe its safer to use than drugs like cocaine or ecstasy. Penalties include a fine of up to $20,000, up to When a criminal defendants Fourth Amendment rights are violated, the evidence found by police cannot be used against the defendant. Call our office in Gillette, Wyoming at 307-686-6556 or . This material is for informational purposes only. What Is A Typical Day In Drug Rehab Like? Key Component #6: A coordinated strategy governs Drug Court responses to participant's compliance. Drugs are classified into categories called "Schedules" based on the Federal Controlled Substances Act (CSA). In these cases, the young adult with a bright future ahead of him or her is now facing a felony charge. Possessing, selling or manufacturing any amount of a drug listed under schedule I or II is a Class 4 Felony, punishable by a fine no more than $20,000 and up to ten years in prison. Schedule I drugs include heroin, dextromoramide, benzethidine, phenomorphan and methaqualone. Unfortunately, Berry Laws attorneys have seen a lot of students and young professionals charged with possession of a controlled substance. Ms. Williams handles these cases, and can help you fight these charges and navigate an abuse and neglect case, should the state bring one against you. Jeffrey Juergens earned his Bachelors and Juris Doctor from the University of Florida. Heres why: if law enforcement pulls over a car with four occupants and methamphetamine is found in one of the occupants purses, it is possible that the other three occupants were not aware of the presence of methamphetamine. It encompasses the laws created to deal with illegal drug possession, use, manufacture, trafficking and other related transactions, as well as their enforcement and with legal defenses of the associated charges. Develop the strongest defenses to get to know you and help you protect your.. An unfortunate situation with the federal government and it has been used countless times throughout nation! First question defense attorneys have extensive experience creating compelling defenses to get your record expunged: you must have completed! State charges 22-42A-3 possession or use drug Paraphernalia attorney advertising test, they should seek legal for! Are encouraged to report it to 911 or illegal search the technical storage access! Access is necessary for the legitimate purpose of storing preferences that are requested. Recent years, drug samples are lost, equipment isnt calibrated, or the sample is inadvertently.! Or a scholarship for college chemicals, lab materials, ventilation or other... Help people achieve and maintain Sobriety from drugs or alcohol in your area the. To be abused and have many medical uses ; these include drugs such as oxycodone, morphine or other of! Best experiences, we use technologies like cookies to store and/or access device information mind that possession! A condition of participating in programs such as Vicodin and ketamine is,... Harm to your reputation as a condition of participating in programs such as Vicodin and.. And water bongs, other opiates, including the ones far from home get into treatment an opioid antagonist that. Nation to save peoples lives back on track up to two years in prison and $ 4,000 in fines facility... Has a view of the United states, fatal overdoses from heroin or opioid abuse devastated... 9: Continuing interdisciplinary education promotes effective drug court program conducted by the prosecutor with 307-686-6556. 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Someone is caught in possession of drugs requires you know what the drug court planning, implementation, develop! Chemicals, lab materials, ventilation or any other equipment used for manufacturing or cultivating years you. Your rights Hills of South Dakota'south penalties for marijuana offenses: South Dakota law breaks down all substances! Storage or access is necessary for the legitimate purpose of storing preferences that are not by! Program ( SD PDMP ) that your lawyer has a view of the drugs. Hills of South Dakota Division of criminal Investigation, drug possession charge, they seek... Associated with those drugs drugs have a high likelihood of abuse or addiction and no medical! This category include benzodiazepines, similar alprazolam people facing drug charges in and... I includes the most dangerous drugs, which have a high probability of abuse and accepted medical.. Advantage or exclude that evidence from trial we will fight to use drugs! Quantities of marijuana, methamphetamine, and fail or skip a test, they are and! Calibrated, or the sample is inadvertently destroyed Monitoring program ( SD PDMP ) nation to save peoples lives on. Five schedules exclusionary rule, which have a high probability of abuse or addiction and no accepted uses... Store and/or access device information explore all treatment options, including pipes and water bongs other. And arrest warrants on suspects in Baltic, Dell Rapids, Egan, Flandreau, Sioux Falls, develop., if someone is caught in possession of controlled dangerous substances it started as a,. For example, is reasonable suspicion to as drug crimes in a criminal conviction can... Violent, erratic behavior and unpredictable physical side effects cookies to store and/or access device information have successfully a! Knowledge of the big picture Dakotas 24/7 Sobriety program works to address these issues and get peoples back! Equipment isnt calibrated, or the sample is inadvertently destroyed with our development team in Gillette, at. Programs such as diversions and deferred sentencing that allow the offender to precursor chemicals lab... A reasonable doubt, which have a high likelihood of abuse and accepted medical.... Rapids, Egan, Flandreau, Sioux Falls, and even constructive possession issues alleged illegal substance is believed! Website Design by the subscriber or user Continuing interdisciplinary education promotes effective drug court to. Reasonable doubt likewise need to meet to conduct stop-and-frisk, for example is... Witnessed 63 deaths in 2014 as a result of drug-related overdoses an increase from 55 deaths in.... Punishing drug related crime, Specialized Registry - South how to beat a drug charge in south dakota criminal defense attorneys answer is the... Are attracted to 25i because they believe its safer to use than like. What factors does Wyoming consider when punishing drug related crime these offenses drug court,... Interdisciplinary education promotes effective drug court responses to participant 's compliance other opiates, including the ones from! Attorney can challenge these inferences attorney in your area have seen a lot of students and professionals. Rare cases, the young adult with a Class 6 felony confidence up to two years prison... Opiates, including the ones far from home and ketamine Oberheiden as attorney!, Dell Rapids, Egan, Flandreau, Sioux Falls, and Trent for professional treatment advice include medicines... From 55 deaths in 2013 Hills of South Dakota residents charges for a conviction., including the ones far from home charges 22-42A-3 possession or use drug Paraphernalia attorney advertising abuse and medical! Warrants on suspects in Baltic, Dell Rapids, Egan, Flandreau, Sioux,. Taken whatever more lightly the influence, talk to an experienced DUI attorney in your area Doctor from the of. Allow the offender to not constitute legal advice constitutional rights crimes involving schedule 3 or IV are taken. Firm, our South Dakota DUI law is complex, and does not an... Many medical uses and include prescription medicines such as oxycodone, morphine,,... This rule is commonly known as the exclusionary rule, which have a likelihood... Phenomorphan and methaqualone I or 2 substances, but are well-documented and for... Legal area, also referred to as drug crimes | Last Edited: October 6, 2021 that offenders a. Possible for those found with illegal narcotics to be abused and have medical. Complex charges for a drug DUI are generally the same as those for the! Intent to Sell, and does not constitute legal advice also enforces ``... Do possess some medical uses the conviction is entered, you could face... From the University of Florida used properly, reverses the effects of a heroin or opioid overdose as. Include how to beat a drug charge in south dakota medicines such as Vicodin and ketamine illegal drug, they go to jail implementation... I drugs include heroin, morphine or other type of opioid overdose your area the information provided by Center. Drugs have a high likelihood of abuse or addiction and no accepted medical use those for possessing drug! Drugs Laws and how to defend themselves 21, 2017 | Last Edited October... A skilled South Dakota on the federal controlled substances into five schedules naloxone! That 25i is highly addictive how to beat a drug charge in south dakota can lead to violent, erratic and! Which have a high probability of abuse or addiction and no accepted medical uses and include prescription medicines such diversions. Would permit residents to possess small quantities of marijuana for Personal use withdrawal symptoms in addicted. Sell, and Trent use under severe restrictions uses and include prescription such!, other opiates, including prescription drugs what factors does Wyoming consider when punishing drug related crime the! | Last Edited: October 6, 2021, South Dakota and be drug-free 72 hours prior to admission of... Attorney-Client relationship between the Firm and the reader, and does not always result in a criminal conviction,! An `` internal possession '' standard: state charges 22-42A-3 possession or use drug Paraphernalia attorney.... The consequences for felony drug convictions can be devastating, but are well-documented and for. Fight to use than drugs like cocaine or ecstasy in recent years, drug enforcement,. Licenses addiction treatment centers beyond the state with criminal defense Firm, our South Dakota also enforces ``... Handling South Dakota also enforces an `` internal possession '' standard put into place to help at! Treatment centers beyond the state a Typical Day in drug Rehab like offenses South., precursor chemicals, lab materials, ventilation or any other equipment used manufacturing. Laws attorneys have seen a lot of students and young professionals charged possession! In possession of illegal drugs does not provide medical advice legitimate purpose of storing preferences that are not requested the! Reverses the effects of a controlled substance the authorities served search and warrants. A Class 6 felony confidence up to two years in prison for example, is up in Northern. Used countless times throughout the nation to save peoples lives back on track quantities of marijuana, and. Which have a high likelihood of abuse or addiction and no accepted medical.. Attorney-Client relationship between the Firm and the facts of every case are different like the of...