The Federal Bureau of Prisons operates Federal inmate detention facilities in the United States.  Federal detainees are kept in 127 prisons in 37 States.  The BOP operates 68 facilities that are called “satellite prison camps”, and there are some privately owned and operated detainee facilities that provide housing for Federal detainees, they number 12.  The BOP houses all those sentenced to prison upon conviction of a federal crime.  Federal detention centers house inmates based on several factors such as the serious nature of the crime, crimes involving property, those in which force or violence is an element of the crime, and other factors such as a persons’ recidivism rate, prior crimes, criminal history, age, health, location of their family and support system.   The BOP designates each facility as a Minimum, Medium, Low or High security facility. The number of inmates varies but as a working number you can consider the total detainee population as 154.000 at any time.

Keep in mind that every State has its own court system and prison system which operate independent of one another and independent of the United States Federal Court system.

The number of federal inmates (detainees) varies from day to day.  Every day federal courts convict and sentence inmates (detainees).  Every day men and women enter and leave the federal prison system run by the Bureau of Prisons.  The BOP is an agency supervised and run by the Attorney General of the United States.

The number of inmates who have died from Covid-19 and Covid-19 related causes is reported by the BOP as 240 dead as of mid-March 2020.  There are other sources that place the number much higher, as high as several thousand.   Because of the political influences pressed upon the Attorney General of the United States and the BOP there is a general consensus among federal criminal attorneys, both private and in the public sector (Federal Public Defenders) that the true extent of illnesses, deaths and related deaths on federal detainees will never be known.  Be that as it may, when men and women live in close quarters (such as a prison) and are exposed to populations that are exposed at higher levels than the general public to the Covid-19 pandemic there will, and is, a high rate of infection, disease related harm, serious illness and death.

During the early stages of the Covid-19 Pandemic several federal criminal defense attorneys undertook to force the Bureau of prisons to release inmates who were at high risk of infection and death due to the Pandemic.  Some very public persons such as President Trump’s former attorney Mr. Michael Cohen were released by filing Compassionate Release Petitions and other paths crated by the CARES Act and other laws.  Attorney Ralph Behr was one of many members of the federal criminal defense bar who successfully represented and succeeded in releasing inmates from federal detention during the pandemic.  Among the many books written and released during the pandemic Mr. Behr’s books (three) were published and widely used by other criminal defense lawyers as models for pleadings, petitions and  motions filed under the Compassionate Release program.

For more information on obtaining relief such as reassignment from a federal prison or detention center to home confinement, furlough or early termination of sentencing or federal probation contact an experience federal criminal lawyer near you.  One of many places to look for a qualified lawyer is the National Association of Criminal Defense Lawyers, in Florida the Florida Association of Criminal Defense Lawyers, or any of the several national associations where you can find practitioners who can help with early release and or release from probation for those held in federal custody.

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One of America’s most- loved and most-hated comedians and actors, Woody Allen, once said, “if you can’t do it, teach it.”  OK…to prove it is true, again, the US Attorney from New York indicted a Miami professor on money laundering. Professor Bruce Bagley, a professor of international studies, wrote books on money laundering and then lived it in Miami, and, soon likely in federal prison.

Maybe you read Professor Bruce Bagley’s book on drug trafficking, money laundering, and organized crime?  I know his book ‘DRUG TRAFFICKING ORGANIZED CRIME AND VIOLENCE IN THE AMERICAS TODAY” is on my must-read list (when I need a good nights’ sleep).  The federal prosecutor’s office in New York must have read it because it’s in their press release on the indictment.

The federal criminal indictment was such a good-read that the professor pleads guilty to the federal charges before Federal Judge Rakoff.  Sentencing is next, and the sentencing guidelines have a long stay in federal prison as a future address for this recently minted money laundering defendant. You can learn more information on sentencing guidelines by clicking on the link below.

https://www.ralphbehr.net/lawyer-attorney-FE3EE6EE-4A7A-4048-8534E43FC1FC9A60.html

Professor Bagley of Coral Gables Florida (a part of Miami Florida’s district) pled and was found guilty in federal court of money laundering. Each count carries a twenty-year sentence in federal prison.  We’ll be there when the federal judge holds a sentencing hearing in New York Federal Court on October 1, 2020.

The federal criminal indictment in New York charges two counts of money laundering.  The federal charges allege that the Miami professor opened two bank accounts in Miami in the name of his consulting company and his personal account.  Then, as the indictment alleges, over two million dollars of proceeds of money from bribery crimes in Venezuela were deposited.  The deposit is the first step in money laundering.  For some information on money laundering go to:

https://www.ralphbehr.net/money-laundering-a-primer.html

The federal criminal indictment goes on to tell a great story of crime, intrigue, and money laundering…. It alleges that between November 2017 and October 2018, our money laundering professor received monthly deposits of approximately $200,000 from Switzerland and the United Arab Emirates into the bank account of his “consulting” company he had created, according to court documents.

The professor would then withdraw approximately 90 percent of the funds in the account in the form of cashier’s check, payable to an account held by another individual. According to the Miami Herald, that individual is a Colombian businessman.  Legal sources also suggest that some other nationals from Latin America with ties with President Maduro, some of whom reside in Miami, are involved directly or indirectly with this money laundry scheme.

This may suggest that others will be federally indicted here in Miami, Florida, or New York soon, perhaps in 2021?

More to come in future updates.  For now, keep tuned and watch for news from Miami federal criminal district.

 

 

IMG_6709-2-194x300UNDER 21CROWD

100 ‘most asked ‘  questions

DO I HAVE TO CARRY ID ON ME AT ALL TIMES?

No.

Should you?  Yes.

Some states require that you identify yourself to law enforcement upon demand. It is important that you be able to identify yourself sometimes to protect yourself from arrest.

If police officer has a BOLO (be-on-look-out- for…) for a person of your general physical type and description, he can lawfully detain you and possibly arrest you if you cannot provide adequate identification.

Do not confuse your personal dignity and privacy rights with practical realities of the world.

Carrying identification with you at all times can be both a sword and a shield to protect you. Do not leave home without it.

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100 ‘most asked‘  questions

CAN I GET A D.U.I. ON A BICYCLE?

Yes.

You can lose your drivers’ license if you are riding a bicycle impaired.

Although a bicycle is not a motor powered vehicle, in most states the DUI statutes provide the same punishments for operating a motor vehicle or a bicycle while impaired.

If you’re riding a bike without safety equipment, such as a working headlight to illuminate the road, you can be stopped by an officer and issued a citation.  Once you are stopped, lawfully the officer can conduct a DUI investigation if he observes any indication of impairment.

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100 ‘most asked‘  questions

CAN THE POLICE SEARCH MY CAR WITHOUT A WARRANT?

Yes.

If a police officer makes a lawful traffic stop he can search your car.

A lawful stop means the officer has at a minimum a reasonable belief that you have violated a criminal law, there is an outstanding warrant for the driver or passenger, or you committed a traffic infraction. The officer can detain you and your passengers for a reasonable time.  Reasonable means a sufficient time to issue a citation for the infraction.

Everything within plain view, such as an open container of alcohol, a marijuana cigarette or a weapon can all give the officer probable cause to make an arrest of the driver and passengers.

The officer can detain the car, driver and the passengers for a reasonable time for a drug sniffing dog to be brought to the scene to alert to any controlled substance.

IMG_6709-2-194x300CARS AND COPS

100 ‘most asked ‘  questions

CAN THE POLICE SEARCH MY CAR AT A TRAFFIC STOP?

Yes.

The Supreme Court has given the police carte blanche to search your car if the stop is lawful.

The Supreme Court has gone so far as to say the police can search your car because you drove without your seat belt on.

They can search your car incident to arrest.   They can search your car as an inventory search.  They can search your car for a host of reasons.

The bottom line is this: if an officer has any legal reason to stop you, he can search your car.  The days of expectations of privacy in an automobile are long gone.

The only chance you have of suppressing the search is if the stop itself was unlawful.

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100 ‘most asked‘  questions

IF I’M DRIVING DO I HAVE TO STOP?

Yes.

If a cop signals you to pull over, pull over.

Failure to stop is a big mistake.

At the least you can be charged with a misdemeanor, resisting arrest without violence.

At worse aggravated fleeing.

Once the officer turns his siren on and activates his overhead lights it becomes a felony.  If the cop follows you at a high rate of speed it becomes aggravated fleeing usually with a minimum mandatory prison sentence.

Some cops will set you up for prison by turning on their pursuit lights and cruising behind you. Don’t confuse his lights with Christmas! It’s an invitation to prison.  Some cops play this game a lot, they win, and you lose.

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100 ‘most asked‘  questions

WHEN IS A BORROWED CAR A STOLEN CAR?

Answer: when the owner says so.

If the rental car is overdue the rental company makes a call to the police and tells them it’s stolen.  A rental car kept beyond the term of your rental agreement becomes a stolen car.  Congratulations, you are now driving a stolen car.

If your girlfriend, neighbor, friend, or family member wants the car back and calls the police and declares it stolen…….Bingo…. you now are driving a stolen vehicle.

Avoid this problem by respecting the owner’s wishes and keep in regular contact with the owner. Call the rental car company if you need to extend the agreed return date.

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100 ‘most asked ‘ questions

SHOULD I “BLOW” IF I’M ARRESTED FOR DUI?

Most of my clients answer a resounding NO after their first arrest for DUI.  Here’s why…

Refusing the breath/alcohol test and roadside sobriety exam will expose you to harsher penalties….if you are convicted.    In some states it’s a misdemeanor to refuse to blow.

On the other hand, the state can, and will, use your breath and the video to convict you.  By submitting to a breath test and a roadside sobriety examination you are providing evidence which will be used to convict you.

The state cannot convict you without evidence.  The breath results and the video are almost always enough to convict you.

IMG_6709-2-194x300CARS AND COPS

100 ‘most asked ‘ questions

IF A PASSENGER HAS MARIJUANA, DO I GET ARRESTED?

Arrested, yes.  Convicted?

To convict you of possession the state has to prove beyond a reasonable doubt that you had knowledge and actual or constructive control of a controlled substance.

You don’t want the upfront experience of listening to lawyers argue over the fine distinctions between actual or constructive control, dominion, reach, knowledge.

You’re certainly foolish, perhaps crazy, to remain in a vehicle when anyone in the car has a controlled substance.  If a cop pulls the car over, your other passenger is almost certain to throw it under the seat, or on your lap, or out the window.  Then it’s anybody’s game.

Do not ride in a vehicle if anyone in the vehicle has a controlled substance. They have to get out.  If they don’t get out of the car then you get out of the car.  The End.  No discussion.

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