Cocaine Possession: Misdemeanor Vs. Felony In Ca

In California, the distinction between a misdemeanor and a felony for cocaine possession hinges on the quantity possessed, as defined by California law. Health and Safety Code Section 11350 dictates that possessing small amounts of cocaine for personal use is typically charged as a misdemeanor. However, possessing larger quantities with the intent to sell can lead to felony charges, which involve more severe penalties under California’s legal system.

California, the land of sunshine, beaches, and… a whole lot of complex laws? When it comes to drug laws, things can get murky faster than you can say “hang ten.” And if you’re dealing with cocaine possession, understanding the difference between a misdemeanor and a felony is absolutely crucial. Seriously, it’s the kind of knowledge that could keep you out of some serious hot water.

Think of it this way: wading into the legal system without a clue is like surfing a massive wave without knowing how to swim. You might wipe out – and the consequences can be a real bummer. From hefty fines to potential jail time, the stakes are high. That’s why getting clued in on the nitty-gritty details is so important.

Now, before we dive in, a quick but super important disclaimer: This blog post is for informational purposes only, alright? We’re here to shed some light, not give legal advice. If you’re actually facing charges, you need to talk to a real, live attorney. They’re the pros who can guide you through the legal maze. With that said, let’s get started.

Misdemeanor vs. Felony: Decoding the Legal Labyrinth

Okay, so you’re tangled in the weeds of California law and trying to figure out misdemeanors versus felonies? Imagine the legal system as a giant, confusing corn maze. Misdemeanors and felonies are just two different paths, one leading to a slightly less scary scarecrow, and the other to a full-blown horror movie ending. Let’s break it down in a way that won’t make your head spin.

Misdemeanors: The “Oops, I Shouldn’t Have Done That” Category

Think of a misdemeanor as the legal equivalent of accidentally wearing mismatched socks. It’s not great, but it’s not the end of the world. In California, a misdemeanor is generally a less serious crime than a felony. We’re talking about offenses that could land you with fines, maybe some community service, or even a little stint in county jail. We’re talking fines that could range from a few hundred to a few thousand dollars and jail time rarely exceeding one year. It’s like getting detention after school – not fun, but survivable. However, it’s important to remember that even misdemeanors can have lasting impacts, like on your employment opportunities or background checks. So, don’t brush them off!

Felonies: The “Uh Oh, I’m in Big Trouble Now” Zone

Now, felonies? That’s a whole different ballgame. These are the serious offenses, the ones that come with heavy-duty consequences. We’re talking state prison time – often for more than a year – hefty fines (think thousands and thousands of dollars), and a criminal record that can follow you around like a shadow. A felony conviction can impact your right to vote, own a firearm, and even affect your ability to get certain jobs or housing. Basically, it’s the legal equivalent of accidentally setting your kitchen on fire. Not good, my friend, not good at all.

The Cocaine Connection: Amount Matters, Big Time!

So, where does cocaine possession fit into all this? Well, here’s where things get interesting. The amount of cocaine you’re caught with can be the deciding factor between a misdemeanor and a felony charge. California law looks closely at the weight of the substance. Generally, possessing a small amount of cocaine for personal use could potentially be charged as a misdemeanor, especially after Proposition 47 (we’ll get into that later). However, possessing larger quantities, suggesting an intent to sell or distribute, almost always leads to felony charges. Think of it this way: a personal-sized bag of chips versus a Costco-sized bulk supply – the difference is pretty clear, right? In terms of quantity, possessing a small amount for personal use might be charged as a misdemeanor, whereas possessing larger quantities for distribution will typically lead to felony charges. In these cases, the consequences would be much more severe.

In short, understanding the difference between misdemeanors and felonies is crucial, especially when it comes to something like cocaine possession. The legal system can feel like a labyrinth, but knowing the basics can help you navigate it a little more confidently.

California Health and Safety Code Section 11350: The Letter of the Law

Alright, let’s dive into the nitty-gritty! Ever heard of California Health and Safety Code Section 11350? No? Don’t worry, most people haven’t unless they’ve had an unwanted encounter with it. This is the big kahuna of the law that specifically addresses the possession of controlled substances, including our friend cocaine. It basically says, “Thou shalt not possess cocaine,” but, of course, it’s written in much more official (and less exciting) language.

So, what does it really mean for you? Well, Section 11350 makes it illegal to possess cocaine without a valid prescription. It doesn’t mince words; if you’re caught with it and don’t have a legit reason, you could be facing some consequences. But here’s the kicker: the severity of those consequences – whether it’s a misdemeanor or something more serious – depends on several factors, and we’ll get to that later on.

Now, let’s talk about Proposition 47. Think of Prop 47 as a game changer. Before 2014, simple drug possession, including cocaine, could potentially be charged as a felony. Yikes! But Prop 47 came along and said, “Hold up! Let’s reserve felony charges for the really serious stuff.” It reclassified simple drug possession for personal use as a misdemeanor. This means that if you’re caught with cocaine, and it’s determined to be for personal use, it’s generally treated as a misdemeanor under Section 11350, thanks to Prop 47. Keep in mind this doesn’t apply if you have prior convictions for certain serious felonies or if you’re caught with a whopping amount that suggests you’re running a business.

Want to see the real deal for yourself? You can find the full text of California Health and Safety Code Section 11350 on the California Legislative Information website. Always a good idea to read it straight from the source!

Possession Decoded: What Does “Possession” Really Mean?

Okay, so you’ve heard the word “possession” thrown around, especially when talking about drug laws. But what really does it mean in the eyes of the law? It’s not as simple as just holding something in your hand. Imagine this: you’re at a party, and someone leaves a baggie on the table. Are you automatically in possession just because it’s near you? Nope! Let’s break it down.

Actual vs. Constructive Possession: It’s All About Control

There are two main types of possession the law cares about: actual and constructive.

• Actual Possession: This is what most people think of – you physically have the cocaine on you. In your pocket, in your hand, tucked in your sock (not recommended, by the way). If the cops find it directly on your person, that’s actual possession. It’s pretty straightforward.

• Constructive Possession: Now, this is where it gets a little trickier. Constructive possession means you have control over the cocaine, even if it’s not physically on you. Maybe it’s in your car, in your apartment, or even at your friend’s house, but you have the ability to access it and control it. The key here is knowledge and control. The prosecution has to prove you knew the cocaine was there and that you had the power to do something with it.

Proving Possession in Court: It’s Not as Easy as You Think (For Them, At Least!)

So, how does the prosecution prove you were in possession? It’s their job to convince the judge or jury beyond a reasonable doubt. That means they need solid evidence. What kind of evidence, you ask? Well

• Evidence: Obvious, but let’s start here: The cocaine itself is Exhibit A. But the prosecution also could use things like:
  • Photos or videos of you near the cocaine.
  • Fingerprints on the packaging.
  • Your own statements (so remember, shush and get a lawyer!).
• Witness Testimony: People who saw you with the cocaine, people who heard you talking about it, or even experts who can analyze the evidence.
• Circumstantial Evidence: This is indirect evidence that suggests you were in possession. For example, maybe you were seen acting suspiciously near the location where the cocaine was found, or maybe you have a history of drug-related offenses.

Key takeaway: The prosecution needs to connect you to the cocaine, proving you knew about it and had control over it (or physically possessed it). That’s why having a good attorney is so important. They can challenge the evidence, question the witnesses, and make sure the prosecution proves their case!

Quantity Matters: How Much Cocaine Triggers a Misdemeanor Charge?

Okay, let’s get real for a sec. When it comes to cocaine possession in California, it’s not just about whether you have it or not, but how much you’re packing. Seriously, the quantity plays a major role in determining whether you’re facing a slap on the wrist (a misdemeanor) or a much bigger problem (a felony). Think of it like Goldilocks and the Three Bears: not too much (felony), not too little (maybe no charge, but don’t risk it!), but just the right amount to land you in misdemeanor territory – though even that’s not a picnic.

Now, for the nitty-gritty. What are these magical “quantity thresholds” we speak of? This is where it gets a little tricky, because the laws can change, and interpretations can vary. But generally, a small amount intended for personal use is what we’re talking about for a misdemeanor. As of Proposition 47’s impact and the enforcement of Health and Safety Code Section 11350, simple possession for personal use is a misdemeanor, BUT exceeding that quantity might kick you into felony territory.

Here’s a nugget of wisdom: it’s not just the pure weight of the cocaine that counts. The total weight of whatever is containing the substance, packaging and all, can be factored in. Yes, even that little plastic baggie or elaborate stash container can add to the total and potentially bump you up to a higher charge.

So, what happens if the quantity is less than what’s needed to trigger a felony? Well, that’s where the misdemeanor charge comes in, but don’t think you’re off the hook! You’ll still be facing fines, potential jail time, and a criminal record. Remember, even a misdemeanor can have serious consequences for your future, so it’s always best to know the law and avoid getting into trouble in the first place.

Intent and Circumstances: Personal Use vs. Intent to Sell

Okay, so you’ve got some cocaine on you. Busted! But hold on a second – it’s not just about what you’ve got, but why you’ve got it. In California, the intent behind your possession of cocaine can drastically alter the charges you face. Think of it like this: are you planning a chill night in with Netflix, or are you trying to become the next Tony Montana? Big difference!

Personal Use: Is it Just for You?

If the cocaine is strictly for your personal use, the penalties are generally less severe than if you’re planning to distribute it. So, what does “personal use” really mean in the eyes of the law? Well, it basically boils down to this: is there any evidence suggesting you intended to share or sell the cocaine to others? Proving personal use is easier if you had just enough for you, and only you.

Intent to Sell: Uh Oh, Now You’re in Trouble

Now, intent to sell is where things get dicey. If the authorities suspect you were planning to deal, you’re facing much more serious charges and penalties. It is important to know they want to know if you had intent to sell.

But How Do They Know What I Was Thinking?

Great question! Law enforcement can’t read minds (yet!), so they have to rely on circumstantial evidence to determine your intent. Here are some telltale signs that might suggest you were planning to sell:

• Quantity: A large amount of cocaine is a red flag. A few grams for personal use is different from having enough to supply an entire block.
• Packaging: Individually wrapped baggies? That screams “ready for resale.”
• Scales: If you’ve got a scale handy, it looks like you’re carefully measuring doses for profit.
• Large Amounts of Cash: Wads of cash, especially in small denominations, imply drug sales.
• Other Paraphernalia: Items like cutting agents, baggies, or pay-owe sheets can further indicate intent to sell.
• Location of items. Where these items are found can be just as important.

Essentially, they’re looking for evidence that goes beyond simple possession and points towards you being in the business of selling cocaine. It can be tricky to prove or disprove intent, which is why having a good lawyer is so, so important. They’ll be able to argue your case and make sure the prosecution doesn’t jump to conclusions based on flimsy evidence.

Prior Convictions: How Your Past Can Haunt You

Okay, let’s talk about the elephant in the room – your record. We all make mistakes (some bigger than others, admittedly), but in the eyes of the law, those past slip-ups can seriously come back to bite you, especially when it comes to something like a cocaine possession charge. Think of it like this: the legal system has a really good memory.

Prior Drug Convictions: Turning Up the Heat

So, you’re facing a new cocaine possession charge. Not ideal, right? Well, if you’ve been down this road before and have prior drug-related convictions, things are about to get a whole lot spicier. The court doesn’t see this as a fresh start, but rather as a pattern. Those prior convictions can seriously impact what happens this time around, potentially leading to harsher penalties than if this was your first offense. We’re talking increased fines, longer jail time, and a whole lot more stress.

Escalating Penalties: The More You Do, The More you get

The general rule of thumb is: the more prior drug convictions you have, the steeper the consequences become. What might have been a simple misdemeanor charge the first time around could suddenly be bumped up to something much more serious, potentially even a felony, because of your history. It’s like the legal system is saying, “Okay, we gave you a chance, and you didn’t learn your lesson.”

“Three Strikes, You’re Out!” – And Other Scary Scenarios

Now, let’s talk about something that sounds like it belongs in a baseball game but is definitely not a game: the Three Strikes Law. While typically associated with violent felonies, it’s important to understand how prior convictions, even non-violent ones, can contribute to a more severe sentence under habitual offender laws. While a misdemeanor cocaine possession charge itself might not trigger the Three Strikes Law directly, having a history of serious or violent felonies plus a new drug charge could put you in a very precarious position. Don’t let yourself be in that situation. It’s always best to be aware of these things.

This section is a little bleak, I know, but knowledge is power. Understanding how your past can influence your present is the first step in navigating the legal system and fighting for the best possible outcome. So, stay informed and, most importantly, seek legal counsel to understand your specific situation and options.

The District Attorney’s Discretion: Who Decides Your Fate?

Okay, so you’ve been arrested for cocaine possession in California. The police have done their part, and now the ball lands squarely in the court of the District Attorney (DA). But who are these DAs, and what power do they really wield? Well, buckle up, because they’re kind of a big deal.

The District Attorney is basically the lead prosecutor for a county. Their office is responsible for deciding whether or not to file criminal charges against you. That’s right, even if the police arrest you, it’s the DA who ultimately decides if you’ll actually be charged with a crime. They are elected officials, or appointed in some counties, so they’re influenced by community sentiment, policy priorities, and frankly, their own interpretation of the law. No pressure, right?

What’s Going Through Their Mind? Factors in the Charging Decision

So, what goes on behind the closed doors of the DA’s office when they’re deciding whether to charge you with misdemeanor cocaine possession? It’s not just a simple “guilty” or “not guilty” stamp; it’s a whole complex equation involving several ingredients:

• Quantity of the Cocaine: This is a major one. As we’ve discussed, the amount of cocaine you had can be a huge factor in determining whether you’re charged with a misdemeanor or something more serious.

• Your Criminal History: A squeaky-clean record is your best friend here. If you’ve got a rap sheet longer than a CVS receipt, the DA is more likely to come down harder on you. Especially if you have drug-related convictions on your record.

• Circumstances of the Arrest: Were you cooperative with the police? Did you admit to possessing the cocaine? Or were you, shall we say, less than helpful? Your behavior during the arrest can influence the DA’s decision.

• Evidence: How strong is the case against you? Did the police follow proper procedures when they searched you and seized the cocaine? If there are weaknesses in the evidence, the DA may be less likely to pursue charges.

• Cooperation with Law Enforcement: Did you offer up information about other drug activity? Were you willing to work with the police to catch other criminals? Cooperation can sometimes lead to a more lenient outcome.

• The “Vibe”: Look, let’s be real. Sometimes it comes down to a gut feeling. The DA (or one of their deputies) will look at the whole picture and make a judgment call. Are you someone who seems like they need help, or someone who’s a danger to the community? This subjective element plays a role, whether we like it or not.

Discretion is the Name of the Game

The bottom line is this: District Attorneys have a ton of discretion. They can choose to file charges, reduce charges, or even dismiss the case altogether. This discretion is essential to how the criminal justice system is done, however, this is also scary.

Understanding the DA’s role and the factors they consider is crucial if you’re facing cocaine possession charges. It’s all about knowing the game and playing it smart. And speaking of playing it smart, that brings us to our next point…

Building Your Defense: The Importance of a Skilled Attorney

Okay, so you’re facing a cocaine possession charge in California. First things first: breathe. This isn’t the end of the world, but it is the time to get serious and get smart. Trying to navigate the legal system without a lawyer in this situation is like trying to assemble IKEA furniture without the instructions – frustrating, potentially disastrous, and likely to end with you questioning all your life choices.

• Why You Absolutely, Positively Need a Lawyer

  Let’s be real. Drug laws are complicated, and California’s are no exception. A skilled attorney isn’t just some fancy suit spouting legal jargon; they’re your advocate, your guide, and your shield in a system that can feel incredibly intimidating. Think of them as your personal translator for the legal world. They speak “legalese” fluently and can explain what’s happening in a way that doesn’t make your head spin. More importantly, they fight for you.

• Defense Strategies: What Your Attorney Might Do

  Now, let’s talk tactics. A good defense attorney has a whole arsenal of strategies they can use to challenge the prosecution’s case. Here are a few potential avenues they might explore:

  • Challenging the Legality of the Search: This is a big one. Did the police have a valid reason to search you, your car, or your home? If the search was illegal, any evidence they found (including the cocaine) might be thrown out. This is often referred to as the “fruit of the poisonous tree” doctrine.
  • Questioning the Chain of Custody: From the moment the cocaine was seized to the moment it’s presented in court, it has to be carefully tracked. If there are any gaps or inconsistencies in that chain of custody, your attorney can argue that the evidence is unreliable.
  • Arguing Lack of Intent to Possess: Remember that whole “knowledge and control” thing we talked about earlier? If you didn’t know the cocaine was there or didn’t have control over it, you’re not guilty of possession. Your attorney can argue that you were simply in the wrong place at the wrong time.
  • Entrapment: Did law enforcement induce you to commit a crime you wouldn’t have otherwise committed? If so, this could be a valid defense.

• Don’t Go It Alone

  Facing drug possession charges is scary, but remember that you don’t have to go through it alone. A skilled California attorney specializing in drug offenses can make all the difference in the outcome of your case. They’ll protect your rights, explore every possible defense, and work tirelessly to get you the best possible result. So, take a deep breath, do your research, and find an attorney you trust. Your future self will thank you.

Navigating the Courts: From Arraignment to Trial

So, you’ve found yourself tangled in the California court system over a cocaine possession charge. Don’t panic! It’s like stepping into a reality TV show, but with less drama (hopefully) and more paperwork. Let’s break down what you can expect as your case winds its way through the courts.

First up, the arraignment. Think of this as your official “welcome to the system” moment. You’ll appear before a judge, who will read the charges against you. It’s your chance to enter a plea – guilty, not guilty, or no contest (nolo contendere, which basically means you’re not admitting guilt, but also not fighting the charges). Pro Tip: This is definitely the time to have a lawyer by your side. They can advise you on the best course of action and make sure your rights are protected.

After the arraignment, there’s often a period of pre-trial proceedings. This involves things like discovery (where the prosecution shares evidence with your lawyer), motions (legal requests made to the court), and potentially pre-trial hearings. Your attorney will be busy here, digging into the details of your case, looking for weaknesses in the prosecution’s evidence, and negotiating with the District Attorney. A skillful attorney might find ways to suppress evidence or even get the charges reduced or dismissed during this stage.

Now, for the big decision: trial or plea bargain? A plea bargain involves negotiating with the prosecution to plead guilty to a lesser charge in exchange for a lighter sentence. This can be a smart move if the evidence against you is strong, as it can help you avoid the risk of a harsher penalty at trial. However, if you believe you’re innocent or that the prosecution’s case is weak, you have the right to a jury trial.

Speaking of which, let’s talk about your right to a jury trial. In California, you have the constitutional right to have your case decided by a panel of your peers. During a trial, the prosecution presents its evidence, and your defense attorney has the opportunity to cross-examine witnesses and present evidence on your behalf. The jury then deliberates and decides whether the prosecution has proven your guilt beyond a reasonable doubt. If they can’t all agree – you are found not guilty and are free to go.

The court process can seem overwhelming, but understanding the steps involved can help you feel more prepared. Remember, knowledge is power, and having a skilled attorney by your side is your best defense.

Case Law Corner: Landmark Decisions Shaping Cocaine Possession Laws

• Court decisions play a huge role in how drug laws are actually applied in the real world. Think of it like this: the law is the recipe, but court cases are the chefs figuring out how to cook it! Judges interpret the laws passed by the legislature and their decisions create precedents that lawyers and other judges have to follow. This helps to clarify the law’s ambiguities, fill in any gaps, and deal with the never-ending unique situations people get themselves into.

• Now, let’s talk about some cases that have really made their mark on how we understand cocaine possession laws in California. While I can’t give you specific case names right now, I can tell you that these cases often revolve around issues like what “possession” actually means (remember “constructive” vs. “actual”?), when a search is legal, and whether evidence was obtained properly. Keep an eye out for cases that deal with how Proposition 47 is applied because this act changed a lot of thing on how cocaine possession is classify in California law. If these cases come to the court it will have significant precedent cases.

• Legal precedent? What’s that, you ask? Well, it’s basically like saying, “Hey, the court already decided this issue this way in a previous case, so we should probably do the same thing now.” It brings a certain amount of consistency and predictability to the legal system. Lawyers use precedent all the time to argue their cases, pointing to similar situations and how the court ruled then. Judges use it to make sure they’re not just making things up as they go along!

Second Chances: Diversion Programs and Alternative Sentencing

Okay, you’ve been pinched for cocaine possession in California. Not ideal, right? But before you start picturing yourself in an orange jumpsuit, let’s talk about some potential outs – ways to get a second chance and keep your life from completely derailing.

What are Drug Diversion Programs?

Think of drug diversion programs as a “get out of jail free” card… with a lot of strings attached. These programs are designed for first-time offenders (or those with a relatively clean record) and offer the chance to complete a rehabilitation program instead of going to jail.

The specific eligibility requirements vary by county and the nature of your offense, but generally, they look for:

• A relatively clean criminal record.
• A willingness to admit you have a problem with drugs.
• A commitment to attend counseling, drug testing, and other program requirements.

It’s kinda like saying, “Hey, I messed up, but I’m willing to fix it.”

The Sweet, Sweet Benefits of Diversion

So, why bother with all the counseling and drug tests? Because the rewards can be HUGE! Successfully completing a diversion program can lead to:

• Dismissal of charges: This is the golden ticket! Complete the program, and the charges disappear from your record like a bad Tinder date.
• A clean record: No conviction means no criminal record to haunt you when you’re applying for jobs, apartments, or even just trying to impress your future in-laws.

Basically, it’s a chance to wipe the slate clean and start fresh.

Probation: An Alternative Path

If diversion isn’t an option (or if you screw it up), probation might be on the table. Probation is basically like a supervised release into the community where you can stay out of jail as long as you follow the court’s rules. This generally involves:

• Regular check-ins with a probation officer.
• Staying clean (drug tests are a given).
• Avoiding further run-ins with the law.
• Sometimes, community service or other requirements.

Think of it as a trial run for being a responsible adult.

Uh Oh! Consequences of Messing Up Probation

Violating probation is a major no-no. If you fail a drug test, skip a meeting with your probation officer, or get arrested again, you could be looking at:

• Revocation of probation: The judge can yank your probation and send you straight to jail or prison.
• Additional penalties: On top of the original sentence, you might face new charges and penalties for violating the terms of your probation.

So, if you get probation, take it seriously! It’s a lifeline, not a suggestion.

13. Penalties for Misdemeanor Cocaine Possession: What’s at Stake?

Alright, so you’re facing a misdemeanor cocaine possession charge in California. Let’s talk about what’s really on the line. It’s not just a slap on the wrist, but it also isn’t necessarily the end of the world, especially if you play your cards right.

The Fine Print: Literally

• First up, the fines. We’re talking about money leaving your bank account, and nobody wants that! Typically, you could be looking at a fine of up to \$1,000 for a misdemeanor cocaine possession conviction. Think of all the tacos you could buy with that! But before you start budgeting for your legal fees by cutting back on guac, keep in mind that a few factors could influence that amount.

  • Got a squeaky-clean record? That might work in your favor, potentially leading to a lower fine. On the other hand, if you’ve had a few run-ins with the law before, the judge might not be feeling so generous.
  • Also, the court may consider your ability to pay. If you’re genuinely struggling financially, you might be able to negotiate a payment plan or even a reduced fine. Honesty is the best policy here, but definitely consult with your attorney about this.

• Jail Time?

  • No one wants to hear about jail time, but it’s part of the picture, so let’s talk about it. For a misdemeanor cocaine possession charge, you could be facing up to one year in county jail. Yep, 365 days. That’s a long time to be eating mystery meat and missing your favorite Netflix shows.

  • Now, here’s the good news. A year is the maximum sentence. Many people don’t serve the full year, and in some cases, they might not serve any time behind bars at all, especially if they’re eligible for alternative sentencing.

Alternatives to Jail: Is There a Way Out?

• Thankfully, California offers a few alternatives to spending your days in lockup. These can include:

  • Community Service: Trading jail time for doing good in the community? That’s a win-win (except for the whole getting arrested part). You might be picking up trash, volunteering at a local charity, or helping out at an animal shelter. It beats jail, right?
  • Work Release Programs: These programs allow you to keep your job while serving your sentence. You’d spend your nights and weekends in custody, but during the day, you’re out there earning a living. It’s a way to stay productive and support yourself (and maybe pay off those fines!).
  • Drug Diversion Programs: Many counties offer diversion programs specifically for drug offenses. If you’re eligible (and willing to put in the work), you can attend drug education classes, counseling sessions, and regular check-ins with a probation officer. Complete the program successfully, and the charges against you could be dismissed.
• It’s crucial to understand that eligibility for these alternatives depends on the specifics of your case, your criminal history, and the policies of the court in your jurisdiction.

So, there you have it. Cocaine and the law in California can be tricky, but hopefully, this clears up the misdemeanor side of things. Stay informed, stay safe, and definitely stay on the right side of the law, alright?