The length of the conditional sentenceand thus the time when you're releaseddepends on the length of the full sentence of imprisonment: The exceptions to these conditional-release requirements include when you've been convicted of a crime that's considered a dangerous felony or you've served previous prison terms. If the fugitive refuses to waive extradition, the original state prepares a request to have the fugitive returned. Stat. Choose an executor to handle your estate. The most common FTA's in the US occur when people neglect to show up in court regarding traffic tickets. You'll likely have an ignition . Be notified when an answer is posted. Will Indiana extradite from Colorado on a class d felony? All of these would be a Class A felony. If it was your second DWI in 5 years, however, your punishment becomes more severe. Waiver of extradition costs, how paid return of person, by whom. Class E felony: Imprisonment for up to 4 years and/or fines of up to $10,000. Thousands of cases won. In Missouri, a life sentence is calculated as 30 years of imprisonment. BREACH OF CONFIDENTIALITY REGARDING TAXES, COMMITTED ACTS PROHIBITED BY ELECTED AND APPOINTED PUBLIC OFFICIAL AND EMPLOYEES 2ND AND SUBSEQUENT OFFENSE, ACCEPT/RECEIVE COMPENSATION AS PAID POLITICAL CONSULTANT 2ND OR SUBSEQUENT OFFENSE, ETHICS VIOLATION BY ELECTED OFFICIAL OR LOBBYIST 2ND OFFENSE, ELECTED/APPOINTED OFFICIAL VIOLATE REGISTRATION LIMITATION AS LOBBYIST 2ND OR SUBSEQUENT, COMMIT PROHIBITED ACTS BY MEMBERS OF GENERAL ASSEMBLY AND STATEWIDE ELECTED OFFICIALS 2ND OR SUBSEQUENT OFFENSE, COMMITTED ACT PROHIBITED BY MEMBERS OF GOVERNING BODIES OF POLITICAL SUBDIVISIONS 2ND OR SUBSEQUENT OFFENSE, VIOLATE SECTION 130.028.1 REGARDING DISCRIMINATION/INTIMIDATION IN ELECTIONS, VIOLATION OF CHAPTER 142 MOTOR FUEL REQUIREMENTS AND REGULATIONS TO DEFRAUD, KNOWINGLY/RECKLESSLY ALTER CIGARETTE PACKAGE AND/OR SELL/DISTRIBUTE/POSSESS CIGARETTES NOT IN COMPLIANCE WITH FEDERAL REGULATIONS, EXTRACT/FALSIFY/FORGE THE HOSPITAL DO NOT RESUSCITATE ORDER/ID OF ANOTHER PERSON W/O CONSENT OR CANCEL/WITHHOLD PERSONAL KNOWELDGE OF REVOCATION, WILLFULLY OR ATTEMPT TO PREVENT/OBSTRUCT/MISLEAD/DELAY COMMUNICATION OF INFO/RECORDS RE VIOLATION OF HEALTH CARE PAYMENT FRAUD AND ABUSE, FILE A FALSE REPORT OR CLAIM/ALLEGE A VIOLATION OF REGULATION RE HEALTH CARE PAYMENT FRAUD & ABUSE-2ND/SUBSEQUENT OFFENSE, RECEIVE COMPENSATION IN EXCHANGE FOR FAILING TO REPORT A HEALTH CARE FRAUD OR ABUSE VIOLATION, PROVIDING FALSE INFORMATION TO VITAL RECORDS, MAKE/COUNTERFEIT/ALTER/AMEND/MUTILATE CERTIFICATE/RECORD/REPORT, OBTAIN/POSSESS/USE/SELL/FURNISH OR ATTEMPT OF COUNTERFEIT/ALTERED/AMENDED/FALSE RECORD, EMPLOYEE FURNISH/PROCESS CERTIFICATE FOR FRAUD/DECEPTION, KNOWINGLY POSSESS FRAUDULENT/STOLEN CERTIFICATE/RECORD/REPORT, KNOWINGLY DISTURB/DESTROY/REMOVE/VANDALIZE/DAMAGE A MARKED OR UNMARKED BURIAL SITE, PROFITING FROM HUMAN REMAINS 2ND OR SUBSEQUENT OFFENSE, PROFITING FROM CULTURAL ITEMS 2ND OR SUBSEQUENT OFFENSE, KNOWINGLY RESELL ANY DONATED PRESCRIPTION DRUG, ABUSE/NEGLECT OF CLIENT OR MISAPPROPRIATION OF CLIENT PROPERTY BY HOSPICE EMPLOYEE, OFFERING BRIBE TO HEALTH FACILITIES REVIEW COMMITTEE 2ND OFFENSE, OPERATE RESIDENTIAL CARE FACILITY WITHOUT VALID LICENSE WHEREIN ABUSE OR NEGLECT OF RESIDENT HAS OCCURRED, ADMINISTRATOR KNOWINGLY CONCEALS ACT OF ABUSE/NEGLECT OF A RESIDENTIAL CARE RESIDENT RESULTING IN DEATH/SERIOUS PHYSICAL INJURY, MISAPPROPRIATION OF FUNDS OF ELDERLY NURSING HOME RESIDENTS, USE OF MEDICAID REIMBURSEMENT MONEY FOR UNAUTHORIZED PURPOSE, MISREPRESENT/CONCEAL FACTS REGARDING MEDICAID OR CONVERT BENEFIT FOR PAYMENTS, SOLICIT OR RECEIVE KICKBACK, BRIBE, REBATE FROM VENDOR OR HEALTH CARE PROVIDER, OFFER OR MAKE KICKBACK, BRIBE, REBATE FROM VENDOR OR HEALTH CARE PROVIDER, FALSE STATEMENT OR REPRESENTATION BY HEALTH CARE PROVIDER, DOING BUSINESS AS FOOD STAMP VENDOR WITHOUT LICENSE 2ND OFFENSE, FILING A FALSE REPORT OF CHILD ABUSE OR NEGLECT 2ND OR SUBSEQUENT OFFENSE, WILLFUL VIOLATION OF SECS 214.320, .330, .335, .340, .360, .385 OR .387 RE ENDOWED CARE FUND BY CEMETARY OPERATOR, KNOWINGLY FURNISH, DELIVER, RECEIVE OR CONSENT TO RECEIVE UNFIT FOOD TO/FOR OFFENDERS, ESCAPE FROM CUSTODY/HOUSE ARREST ST. LOUIS CITY, DELIVERY OR POSSESSION OF ALCOHOL OR SPIRITUOUS OR MALT LIQUOR AT A COUNTY/PRIVATE JAIL OR CORRECTIONAL FACILITY, SALE OF WILDLIFE TAKEN IN VIOLATION OF DEPT OF CONSERVATION REGS 1ST/SUBSEQUENT/LESS THAN $500, FAILURE BY OPERATOR OF RECOVERY/WASTE PROCESSING FACILITY OR LANDFILL TO NOTIFY DNR OF PRIOR CONVICTIONS, FAILURE BY PROVIDER OF SOLID WASTE MANAGEMENT SERVICES TO NOTIFY SUBDIVISION OF PRIOR CONVICTIONS, RECEIVE MONEY/GOODS/SERVICES TO PERMIT ANOTHER TO DISPOSE CONSTRUCT/DEMOLITION WASTE ON PROPERTY, RELEASE SWINE IN A WILD/FERAL STATE ON PUBLIC/PRIVATE LAND WITHOUT PROPER ENCLOSURE 3RD OR SUBSEQUENT OFFENSE, BRIBING LIVESTOCK MARKET OPERATOR OR VETERINARIAN TO VIOLATE PROVISIONS OF CHAPTER 277, EMPLOYEE REFUSAL TO COMPLETE CHILD SUPPORT WITHHOLDING FORM, EMPLOYEE STATES ON WITHHOLDING FORM THAT CHILD SUPPORT IS NOT OWED WHEN SUCH EMPLOYEE KNOWINGLY OWES SUPPORT, KNOWINGLY PRESENT/CAUSE TO BE PRESENTED A FALSE WORKERS COMPENSATION CLAIM, REFUSAL BY INSURANCE CO/SELF-INSURER TO COMPLY W/COMPENSATION OBLIGATION W/INTENT TO DEFRAUD, PREPARE/PROVIDE INVALID CERTIFICATE OF INSURANCE AS PROOF OF WORKERS COMP INSURANCE, KNOWINGLY MISREPRESENT ANY FACT IN ORDER TO OBTAIN WORKERS COMP INSURANCE AT LESS THAN THE PROPER RATE SUBSEQUENT OFFENSE, FAILURE OF EMPLOYER TO INSURE LIABILITY UNDER WORKERS COMP LAW SUBSEQUENT OFNS, VIOLATION OF ANY OF THE PROVISIONS OF SEC 287.128.3 REGARDING CLAIMS FOR WORKERS COMP BENEFITS, INTENTIONALLY DISCLOSE OR FAIL TO PROTECT CONFIDENTIAL INFO RELATING TO UNEMPLOYMENT COMPENSATION CLAIM 2ND OR SUBSEQUENT OFFENSE, FRAUD/MISREPRESENTATION RELATED TO EMPLOYMENT SECURITY BENEFITS 2ND OR SUBSEQUENT OFFENSE, SALE/POSSESSION OF EQUIPMENT OR PARTS WITH ALTERED/MISSING/FALSIFIED IDENTIFICATION NUMBERS, REMOVE OR DEFACE MANUFACTURERS NUMBER ON SPECIAL MOBILE EQUIPMENT, BUY/SELL/RECEIVE/POSSESS SPECIAL MOBILE EQUIPMENT THAT IS DEFACED/ALTERED/DESTROYED, FAILURE OF MOTOR VEHICLE DEALER/MANUFACTURER OR BOAT DEALER/MANUFACTURER TO OBTAIN LICENSE SUBSEQUENT OFFENSE, SALE OF 6 OR MORE MOTOR VEHICLES IN CALENDAR YEAR WITHOUT REGISTERING AS MOTOR VEHICLE DEALER 2ND OR SUBSEQUENT CONVICTION, OPERATED VEHICLE ON HWY WITHOUT VALID LICENSE 3RD AND SUBSEQUENT OFFENSE, OPERATED MOTORCYCLE WHEN DRIVERS LICENSE NOT VALIDATED FOR SUCH OPERATION 3RD AND SUBSEQUENT OFFENSE, DRIVE COMMERCIAL MOTOR VEHICLE WHILE REVOKED-4TH/SUBSEQUENT OFFENSE, DRIVE COMMERCIAL MOTOR VEHICLE WHILE REVOKED 2ND/3RD OFFENSE, PRODUCE/MANUFACTURE/SELL/DISTRIBUTE FRAUDULENT DOCUMENT/PHOTOCOPY/MOBILE IMAGE AS INSURANCE IDENTIFICATION CARD, FAIL TO STOP FOR SCHOOL BUS RECEIVING/DISCHARGING SCHOOL CHILDREN-INJURY TO CHILD/SEC 304.070, VIOLATION OF LAWS PERTAINING TO RIVER BOAT GAMBLING OWNERSHIP, MANUFACTURING OR POSSESSING COUNTERFEIT LOTTERY TICKETS, TESTIFYING FALSELY TO HORSE RACING COMMISSION, VIOLATION OF LAWS PERTAINING TO RIVER BOAT GAMBLING, PROMOTING OR PARTICIPATING IN COMBATIVE FIGHTING, IMPROPER LABEL FIRE PROTECTION EQUIPMENT, POSSESS, SALE, TRANSPORT, SHIP OR USE ILLEGAL EXPLOSIVE FOR CONSUMER USE, KNOWINGLY FALSIFY FINGERPRINTS/PHOTOGRAPH/OTHER INFORMATION REQUIRED TO LICENSE PRIVATE INVESTIGATOR, VIOLATION OF LICENSING RULES/REGULATION FOR PRIVATE INVESTIGATOR AND AGENCY (324.1100-.1148, EXCEPT 324.1142)- 2ND/SUBS OFFENSE, FRAUDULENT USE OF NURSING TITLE UNDER SECTION 335.076, FRAUDULENT USE OF NURSING CREDENTIALS UNDER SEC 335.086, RECEIPT OF DRUGS FROM UNLICENSED DISTRIBUTOR OR PHARMACY 2ND OFFENSE, OFFICER, ENROLLMENT OFFICER, OR EMPLOYEE OF HEALTH SERVICE CORP USE/PERMIT OTHERS TO USE ASSETS OF THE CORP FOR PRIVATE GAIN, MAKE A FALSE STATEMENT/CERTIFICATE/ENTRY IN INSURANCE INVESTIGATION, LICENSED AGENT FAILED TO INFORM LAW ENFORCEMENT OF APPREHENSION 2ND/SUBSEQUENT OFFENSE, SURETY RECOVERY AGENT FAIL TO REPORT TO LOCAL LAW ENFORCEMENT AGENCY PRIOR TO ENTERING RESIDENCE 2ND/SUBSQ OFFENSE, UNLAWFUL ACTS UNDER SEC 374.789 RE: SURETY RECOVERY AGENT/BAIL BONDSMAN, VIOLATION OF ASSUMPTION REINSURANCE AGREEMENT TRANSFER REQUIREMENTS, UNLAWFUL TRANSACTION OF INSURANCE BUSINESS BY A PERSON/ASSOCIATION/CORPORATION W/O CERTIFICATE OR LICENSE, CONCEAL, TRANSFER, OR DESTROY ANY PROPERTY OR DOCUMENT BELONGING TO AN INSURER, VIOLATE 380.391 RE MISUSE OF ASSET OF COMPANY OPERATING UNDER PROVISIONS OF SEC 380.201.591, MAKING FALSE STATEMENT TO DIRECTOR OF INSURANCE, DISCHARGE A FIREARM OR WEAPON AT RAILROAD TRAIN OR RAIL-MOUNTED EQUIPMENT, TRESPASS TO RAILROAD PROPERTY WITH DAMAGES OVER $1,500 OR INJURY OR DEATH, FILE PROPERTY LIEN TO HARASS/DEFRAUD OR FILE FALSE/FRAUDULENT LIEN, UNLAWFUL MERCHANDISE PRACTICE MISREPRESENT/UNFAIR PRACTICE IN CONNECTION W/SALE AND/OR ADVERTISE FOR SOLICITATING FUNDS FOR CHARIITY, FAILURE TO OBTAIN APPROVAL ON TIME SHARE PROMOTION, VIOLATION OF ORDER PROHIBITING UNLAWFUL MERCHANDISING PRACTICES, TELEMARKETER/SELLER KNOWINGLY, WILLFULLY ENGAGE IN AN UNLAWFUL TELEMARKETING ACT/PRACTICE, VIOLATE PROVISIONS REGARDING REGULATION OF TRAVEL CLUBS, ENGAGING/ATTEMPT TO ENGAGE IN PYRAMID SALES SCHEMES, WILLFULLY/KNOWINGLY WITH INTENT TO DEFRAUD VIOLATE THE CREDIT USER PROTECTION LAW SEC. Search, Browse Law Answer (1 of 3): It depends on what the felony alleged is in the warrant. Yes. In Missouri, the laws regarding the valid execution and witnessing of a Will are set forth in the Missouri Revised Statutes, Title 31 Trusts and Estates of Decedents and Persons under Disability, Chapter 474 Probate CodeIntestate Succession and Wills, Sections 474.310 through 474.337. Ask Your Own Criminal Law Question. There are some exceptions, such as aggravated DWI and child abuse or neglect. There is no third degree murder. And the sentencing decision will be solely up to the judge in many circumstances, including when you've pleaded guilty, asked to have the judge issue the sentence, or have the kind of criminal history that calls for an enhanced sentence (as discussed below). For example, some crimes that are normally Class E felonies (including third-degree assault and first-degree harassment) will be punished as Class D felonies when the prosecution proves that they're hate crimes. Felony expungements are extremely rare in Missouri. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. Rev. 557.036 (2020); State v. Van Horn, 625 S.W.2d 874 (Mo. by Alexander Lekhtman March 3, 2023. First degree murder is an unlawful killing with some amount of premeditation and planning, whereas second degree murder is an unlawful killing without that level of premeditated planning or reflection. Class A misdemeanor: Imprisonment for up . In general yes they will extradite on a felony. A felony offender can seek a pardon through the state Pardon and Parole Board. In addition to the Constitution, federal law (18 U.S.C 3182) provides requirements for extradition. Of course, anybody committed of any crime . A term of years not less than five years and not to exceed fifteen years. (Mo. Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. The court may sentence a person charged with a Class D felony to probation in some circumstances other more severe crimes will not be available to receive probation. Penalty for noncompliance with section 548.101. If the crime is a misdemeanor or something other than a violent felony, there may be no request for return. Stay up-to-date with how the law affects your life. 2015-02-18 10:25:36. . A Class E felony is punishable by up to four years in prison or one year in jail. Class D misdemeanors are fine-only offenses, meaning there's no possibility of jail time. Even though your original case may be dismissed the FTA charges may remain. Requirements and guidelines can also be found in the Uniform Criminal Extradition Act (UCEA). Tom has been a pillar of the Springfield MO legal community for four decades. There are a limited number of exceptions, including the Class D crime of passing a bad check. Wiki User. If a defendant is convicted of child abuse or neglect, the defendant is not eligible for probation or parole until the defendant has served no less than one year of his sentence (this is for first time offenders who did not inflict serious injury; if the defendant inflicted serious emotional or physical injury during the first offense or if this is the defendants second offense, then it is a class B felony without eligibility for probation or parole until the defendant has served not less than five years). Burglary is generally defined as the entering into (or the refusal to leave after being asked to do so) an inhabitable structure without permission and with the intent to commit a crime, such as assault or stealing, as two common examples. Persons under criminal prosecution in this state at time of requisition, Guilt or innocence of accused when inquired into, Governor may recall warrant or issue alias. Kansas City personal injury lawyers and car accident attorneys serving clie. Rev. Created byFindLaw's team of legal writers and editors Second degree assault. Contact a criminal defense attorney near you who can help protect your rights and ensure the best possible defenses to extradition and the underlying criminal charges you may be facing. Stealing grain. What states will not allow extradition on a class misdemeanor harassment? Rev. If the prosecutor cannot prove that the defendant actually possessed the drugs, the prosecutor can argue that the defendant constructively possessed the drugs. There are three routes to get rid of a felony conviction: The expungement laws in Missourichanged on January 1, 2018, expanding the opportunities available for those with a previous criminal conviction. Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. KNOWINGLY INFECT ANOTHER WITH HIV BY BEING A BLOOD, BLOOD PRODUCT, ORGAN, TISSUE OR SPERM DONOR, RECKLESSLY INFECT ANOTHER WITH HIV WHEN ACTOR IS KNOWINGLY INFECTED WITH HIV, MURDER 2ND DEGREE VEHICULAR INTOXICATED, MURDER 2ND DEGREE FELONY MURDER DURING PERPETRATION/ATTEMPTED PERPETRATION/FLIGHT FROM PERPETRATION OF A FELONY, A PERSON DIES, ASSAULT 1ST DEGREE OR ATTEMPT SERIOUS PHYSICAL, DOMESTIC ASSAULT 1ST DEGREE SERIOUS PHYSICAL INJURY, DOMESTIC ASSAULT 1ST DEGREE PREVIOUS OFFENSE UNDER THIS CRIME, DOMESTIC ASSAULT 1ST DEGREE SERIOUS PHYSICAL INJURY, ABANDONMENT OF CHILD 1ST DEGREE DEATH OF CHILD, ABANDONMENT OF CHILD 2ND DEGREE DEATH OF CHILD, ENDANGERING THE WELFARE OF A CHILD 1ST DEGREE DEATH OF CHILD NO SEXUAL CONDUCT, ENDANGERING THE WELFARE OF A CHILD 1ST DEGREE DEATH OF CHILD SEXUAL CONDUCT, ABUSE OR NEGLECT OF A CHILD RESULTING IN DEATH UNDER SEC. List of Class D Felony Offenses in Missouri. Of course, anybody committed of any crime which requires a hearing is subject to receiving a failure to appear warrant. A class E felony in Missouri carries the least severe range of punishment available under the statute with a term of incarceration not to exceed four years. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 558.011, 566.030 (2020).). keys to navigate, use enter to select. Does Nebraska extradite . Make your will. A felony that carries a range of punishment as a Class B felony of not less than 5 years, and not more than 15 years imprisonment. 2. In some states FTA's are actually treated as misdemeanors - this means that you can actually receive more charges for not bothering to show up for a hearing. (Mo. Those people who once had a marijuana conviction on their record now have it . Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. However, there are a few defenses that have been identified by the Supreme Court, such as: If the fugitive's petition or writ for habeas corpus is unsuccessful, the arresting state must hold them for the demanding state. With some exceptions, however, you're entitled to conditional release at a certain point in your sentence. International extradition is a legal process by which one country (the requesting country) may seek from another country (the requested country) the surrender of a person who is wanted for prosecution, or to serve a sentence following conviction, for a criminal offense. In cases of class D and E felonies, the court shall have discretion to imprison for a special term not to exceed one year in the county jail or other authorized penal institution, and the place of confinement shall be fixed by the court. Whether or not a state has adopted the UCEA, the extradition process will be similar. Some specialized sentences require service of 85% of the sentence while others are less demanding. If you have an outstanding warrant from decades ago don't assume that the warrant is no longer standing. The court has discretion to imprison a defendant in the county jail for up to one year for a class D felony. 217.690, 558.011, 558.019 (2020).). Depending on the result obtained on appeal, or following sentencing on a guilty plea if an appeal is not available, a defendant has certain rights under Missouri Supreme Court Rule 29.15 and 24.035 to raise certain Constitutional challenges to the conviction and/or sentence. Among Class A felonies an offender can be sentenced to life imprisonment. ), When you've been convicted of a Class C, D, or E felony, you may be required to pay a fine of up to $10,000 or double the amount of your financial gain from the crime. the individual's right to seek legal counsel. First Degree Robbery involves the presence of, or threatened presence of, a weapon during the course of forcibly stealing from another person, or if the victim suffers serious physical injury, or if the item stolen is from a pharmacy. If the person sought is arrested in the new state, the arresting authorities will notify the first state that issued the warrant. If a jury has convicted you of a felony, there will be a separate phase of the trial for sentencing. If you have been charged with a serious crime in Missouri. If you have been charged or believe that you may be charged with a misdemeanor in Missouri, we highly recommend speaking with an experienced criminal defense attorney in your area. The attorney will probably contact the court or police department (depending on your jurisdiction) to give an explanation for your failure to appear. An example of involuntary manslaughter would be the intentional act of defending ones self, and in doing so using unreasonable force that leads to the other persons death. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The process begins when there's probable cause to issue an out-of-state arrest warrant. Sec. After hearing evidenceon issues such as the impact of the crime on the victim, the circumstances of the crime, and your history and characterthe jury will decide on a sentence within the legal limits for your crime. 2023 LawServer Online, Inc. All rights reserved. Below second degree murder is voluntary manslaughter (which is basically a second degree murder that arises out of a sudden passion, i.e. For instance, if a crime is committed in California, and the person flees to New York, the New York police will be able to see the California arrest warrant and will notify California of an arrest in New York. A court may order a person convicted of a class D felony to pay a fine up to $10,000.00. The most common claim made is a claim that the defendant received ineffective assistance of counsel during the earlier proceedings. If a defendant is convicted of being an aggravated DWI offender, the defendant is not eligible for parole or probation until he has served a minimum of 60 days imprisonment. Burglary of an unoccupied inhabitable structure is usually a second degree burglary, and is a class D felony. Show Less. Stat. banc 2000) (Recklessness resembles knowing conduct in one respect in that it involves awareness, but it is awareness of risk, that is, of a probability less than a substantial certainty. 2023 LawServer Online, Inc. All rights reserved. Since most misdemeanors carry a maximum jail sentence of one year obviously this is something you should take very seriously. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Firms, misdemeanor or something other than a violent felony, Expungement Handbook - Procedures and Law. the homeowner or building owner, which makes it a Class B felony. (Mo. We have compiled the single-most comprehensive resource in Missouri for information on misdemeanor laws, punishments, and offenses. In general, when you show up for the court appearance the warrant will be dropped. Convicted felons also lose certain rights, including the right to have a gun.
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