"WITH BLLG LAW THERE IS HOPE."
Fabian T., Torrance, CA
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WHY BLLG LAW?
Bo Lee is recognized by Super Lawyers, Avvo.com, Lawyers of Distinction, Top 100 Trial Lawyers, and 10 Best as a top attorney in Los Angeles.
AWARD WINNING TOP ATTORNEY
Bo Lee has 20 years of legal experience in the courtroom and in the boardroom as a Californian lawyer and counsel.
20 YEARS
OF EXPERIENCE
Bo Lee Law Group represents diversified areas of law: Business, Alcohol Beverage Licensing, DUI/Criminal Defense, and Personal Injury.
REPRESENTATION IN DIVERSIFIED AREAS OF LAW
Bo Lee Law Group is an expert in specialized ares of law in Business, Alcohol Licensing, DUI/Criminal Defense, and Personal Injury.
LEGAL EXPERTS IN SPECIALIZED AREAS OF LAW
Bo Lee is a straight shooter lawyer that is able to deconstruct complex legal cases into simple and effective legal solutions.
SIMPLIFIED CONSULTING & SOLUTIONS
Bo Lee Law Group is the best law firm for Business, Alcohol Licensing, DUI/Criminal Defense, and Personal Injury, focusing on YOU.
FOCUS ON
YOU
DUI DEFENSE
3 THINGS YOU SHOULD DO AFTER YOUR FIRST DUI
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You should highly consider hiring an experienced DUI defense attorney to represent you with your FIRST DUI Case due to the complexity of today’s DUI laws and POSSIBLE JAIL time
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Don't talk about the facts of your arrest to anyone, but an experienced DUI defense attorney. Attorney-client privilege only applies between you and your attorney, meaning anything you say to a non-attorney can be used against you in court
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Don't wait. Act immediately or you may risk waiving certain legal rights forever. For example, you only have 10 days from the date of your arrest to request a DMV hearing (which is basically a trial of whether your driver's license should be suspended). If you fail to reserve a date within 10 days of your arrest, you may lose your rights to a hearing and your DMV license will be automatically suspended
5 THINGS ABOUT DRIVER'S LICENSE SUSPENSIONS AFTER A DUI
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Your court DUI case and your DMV License Suspension case are separate matters. The court case is processed by the criminal court system and the DMV case is processed by the DMV administrative agency
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After a DUI arrest, you will be given DMV Suspension Notice (DS-367), a pink colored form
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This form allows you a 30 day temporary driver's license
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After the 30 days, you will be subject to a DMV License Suspension
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Depending on which county you were arrested in, you may have a option of a restricted license or installing an Ignition Interlocking Device or IID
10 REASONS WHY YOU SHOULD HIRE A LAWYER FOR A DUI
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The complexity and harshness of modern DUI laws and penalties
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The complexity of modern California DMV laws including Ignition Interlock Devices or IID
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Unfortunately, but true, prosecutors are more likely to listen to an experienced DUI defense attorney than you
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An experienced DUI attorney can assess whether you have legal defenses to the Field Sobriety Tests or FSTs
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An experienced DUI attorney can analyze your Blood Alcohol Content or BAC
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An experienced DUI attorney can assess whether law enforcement had probable cause to arrest you
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An experienced DUI attorney can assess whether you have legal defenses to the Preliminary Alcohol Screening or PAS
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An experienced DUI attorney can provide creative and alternative options to serving jail time
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An experienced DUI attorney can assess whether your driver's license can be saved
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If you hire an attorney, you may not have to appear at court. This allows you to not miss work, saving you money
DOMESTIC VIOLENCE
WHAT IS DOMESTIC VIOLENCE (DV)? Domestic violence consists of corporal injury to a current or former spouse, girlfriend, or cohabitant.
WHAT DEFINES A SPOUSE, GIRLFRIEND, OR COHABITANT FOR A DOMESTIC VIOLENCE CRIME?
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Current or former spouse
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Current or former domestic partner
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Current or former fiancé
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Current or former live-in romantic partner or cohabitant
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Person you are seriously dating or in the past
WHAT ARE THE TYPES OF DOMESTIC VIOLENCE CRIMES IN CALIFORNIA?
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Felony Corporal Injury to a Spouse or Cohabitant - Penal Code (PC) §273.5
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Misdemeanor Domestic Battery - PC §243(e)(1)
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Stalking - PC §646.9
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Revenge Porn - PC §647(j)(4)
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Posting Harmful Information on the Internet - PC §653.2
MANDATORY JAIL TIME! Most California counties impose a minimum jail sentence of 30 days for a domestic violence conviction. This is true even if the charge is a misdemeanor and it is the defendant's first offense.
9 REASONS WHY YOU SHOULD HIRE A LAWYER FOR DOMESTIC VIOLENCE CASE
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The complexity of modern domestic violence laws
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The harshness of today's domestic violence penalties
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Prosecutors are more likely to listen to an experienced domestic violence defense attorney than you
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An experienced domestic violence attorney can assess whether you have legal defenses
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An experienced domestic violence attorney can assess whether law enforcement had probable cause to arrest you
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An experienced domestic violence attorney can assess whether you have a self-defense case
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An experienced domestic violence attorney can provide creative and alternative options to serving jail time
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An experienced domestic violence can assess whether your case can be dismissed
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If you hire an attorney, you may not have to appear at court. This allows you to not miss work, saving you money
SALE OF ALCOHOL CRIME
WHAT IS SALES OF ALCOHOL CRIME? Any crimes involving the illegal sales of alcohol beverages fall under either the Business & Professional Code (B&P) or Penal Code (PC). These charges are criminal matters and will be treated as any other criminal case in court. Penalties may include possible jail time, fines and probation terms.
COMMON CRIMES INVOLVING ILLEGAL SALES OF ALCOHOL BEVERAGES
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Not operating a Bona-Fide eating place – B&P §23038 & §23396
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Sale without an ABC License - B&P §23300
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Purchase alcohol for resale from a retailers - B&P §23402
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Violation of conditions of an ABC License - B&P §23804
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Employee working while intoxicated - B&P §24200(a)
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Employee resisting arrest or interfering with investigation on premises – B&P §24200(a) & PC 148
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Illegal solicitation of alcoholic beverages (permit employee/agent to encourage persons to buy drinks for commission) - B&P §24200.5(b)
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No ABC License posted - B&P §24646
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Unlawful refilling – B&P §25176 & §25177
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Unlawful possession of alcohol for sale - B&P §25607(a) & §2335
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Sale to obviously intoxicated persons - B&P §25602(a)
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Sale after hours - B&P §25631 & §25632
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Illegal solicitation of alcoholic beverages (employee encourages person to buy drinks for a profit) - B&P §25657(a)
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Illegal solicitation of alcoholic beverages - B&P §25657(b) & PC §303(a)
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Sale to minors - B&P §25658(a)
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Employment of minors – B&P §25663
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Unsupervised sales by under 18 yr old – B&P §25663(b)
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Minors on public places – B&P §25665
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Employees accepting alcoholic drinks – California Code of Regulation, Title 4, Division 1, Section 143
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County or City violation of conditions of use permit to sale and dispense alcohol (various criminal code sections)
WHAT IS THE DIFFERENCE BETWEEN AN ABC ACCUSATION AND A CRIMINAL CASE INVOLVING THE SALE OF ALCOHOL BEVERAGE CRIME? An ABC Accusation is litigated in the state administrative court system with administrative penalties. A criminal case is litigated in the state criminal court system with criminal penalties.
8 REASONS WHY YOU SHOULD HIRE A LAWYER FOR AN ILLEGAL SALES OF ALCOHOL BEVERAGE CRIME
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The complexity and harshness of modern Business & Professional laws and penalties
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The complexity of modern ABC laws, which may revoke your license to sale alcohol
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Unfortunately, but true, prosecutors are more likely to listen to an experienced criminal defense attorney than you
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An experienced criminal defense attorney can assess whether you have legal defenses to fight your case
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An experienced criminal defense attorney can assess whether law enforcement had probable cause to arrest you
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An experienced criminal defense attorney can provide creative and alternative options in lieu of criminal penalties
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An experienced criminal defense attorney can assess whether your ABC License can be saved. See Case Results
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If you hire an attorney, you may not have to appear at court. This allows you to not miss work, saving you money
EXPUNGEMENT
CALIFORNIA EXPUNGEMENT: A California expungement is a legal process whereby a criminal defendant requests the court to withdraw a plea of guilty or no contest to a NOT-GUILTY plea and have the case dismissed. It is also known as criminal record clearing or erasing criminal records. More good news. Effective January 1, 2014, (SB 530) if you have been granted an expungement, potential employers cannot discriminate you for employment, promotion, or termination based your expungement in a majority of cases. This means that an expungement may benefit you in your search for employment, promotion, loan or college or other admissions.
HOW DOES A CALIFORNIA EXPUNGEMENT BENEFIT ME? A California expungement, if granted, allows you to withdraw your prior plea of guilty or no contest to a NOT-GUILTY plea and have your criminal case dismissed or cleared.
HOW DO I QUALIFY FOR AN EXPUNGEMENT? Depends. If you were granted probation and successfully completed it for a conviction not involving a serious sexual crime or otherwise you were not sentenced to state prison, you are likely eligible for an expungement. However, there are many exceptions to this rule.
WHAT IF I WAS CONVICTED FOR AN INFRACTION CRIME? Depends. Effective January 1, 2011, (AB 2582) expungements are now allowed for certain non-traffic infractions such as petty theft, trespass, etc. Before this new law, you were only allowed expungements for misdemeanors and felonies.
WHAT IF I WAS CONVICTED FOR A MISDEMEANOR CRIME? Most likely, yes. Informal Probation Granted: You must have fully served your probation term with all fines, fees, community service, and other penalties completed before you can request an expungement. If you are still under probation, you are NOT qualified for an expungement unless the court grants your motion for early probation termination. No Probation Granted: You must wait one (1) year from the conviction date to request an expungement.
WHAT IF I WAS CONVICTED FOR A FELONY CRIME? Depends. A felony is punishable by incarceration in State Prison as well as a fine of up to $10,000. Incarceration in State Prison: You are NOT qualified. Incarceration in County Jail: You may be qualified based on the felony. Felony that Can Be Reduced to a Misdemeanor ("Wobbler"): You are qualified as long as you were not incarcerated in state prison. If you qualify, you can separately or simultaneously petition the court to reduce your felony conviction to a misdemeanor conviction. Felony that Can Not be Reduced to a Misdemeanor ("Non-Wobbler"): You are NOT qualified. Informal Probation Granted: You must have fully served your probation term with all fines, fees, community service, and other penalties completed before you can request an expungement. If you are still under probation, you are NOT qualified for an expungement unless the court grants your motion for early probation termination. No Probation Granted: You must wait one (1) year from the conviction date to request an expungement.
WHAT IF I VIOLATED MY PROBATION? In most cases, you may be qualified under People v. McLernon, 174 Cal. App. 4th 569 (2009).
WHAT IF I'M STILL UNDER PROBATION? If you are still under probation, you are NOT qualified for an expungement unless the court grants your motion for early probation termination.
WHAT IF I COMPLETED A DRUG DIVERSION PROGRAM UNDER PENAL CODE 1000 BUT WAS NOT CONVICTED? Unfortunately, even if you have successfully completed all your terms under a diversion program and your case was deemed dismissed, your criminal record is still available to the public and will trigger a hit on a background search. Nevertheless, it is possible to seal many types of drug related diversion records depending on your case per a court order. The procedure may take 60 to 120 days depending on your case.
HOW CAN AN EXPUNGEMENT HELP MY CAREER OR JOB PROSPECTS? If you are granted an expungement, you can honestly answer "NO" to any inquires regarding your criminal conviction in the private sector (e.g. a private employer, housing, private loans, etc). This may help you immensely in seeking a job.
DOES AN EXPUNGEMENT SEAL MY ARREST RECORD? No. Sealing your arrest record is a separate process that involves the burden of proving "Factual Innocence" which is a very high standard and often difficult to prove. Basically, you must convince the court that you were factually innocent as to your arrest, which is difficult unless you were misidentified, etc.
WHAT ARE THE LIMITATIONS OF AN EXPUNGEMENT? For one, you must disclose your conviction and its expungement to a government employer and any other government agencies (e.g. United States Citizenship and Immigration Services, DMV, FBI, LAPD, etc.). That said, it is often believed that an expungement looks much better than not having one at all. Also, you will not be allowed to own or possess a firearm until you are legally able to do so under Penal Code §12021. Furthermore, an expunged record will not relieve you from registering as a sex offender if you are required to do so under Pendal Code §2901. Finally, a "priorable" element of a crime (e.g. DUI and theft crimes) will not be affected by a prior expungement. For example, if you successfully expunged your First DUI conviction and subsequently you were arrested for a subsequent DUI within 10 years, you will still be charged for your Second DUI.
WILL THE PROSECUTOR OBJECT TO MY EXPUNGEMENT AT COURT? Yes that's their job. Prosecutors will often make objections to your expungement at court. The types of objections vary from case to case. As such, you should highly consider hiring an experienced expungement attorney to represent you with your expungement due to its complexity.
HOW LONG DOES IT TAKE TO HAVE MY EXPUNGEMENT UPDATED IN THE DEPARTMENT OF JUSTICE? Upon the granting of your expungement, an abstract of judgment from the court is sent to the California Department of Justice, U.S. Department of Justice and FBI (NCIC), updating their records upon receipt. Unfortunately, in the private sector, updates may take longer since private databases are usually updated monthly.
CAN A LAWYER GUARANTEE AN EXPUNGEMENT? Never. A California attorney is unable to guarantee a particular result for any case, including an expungement. If you contact a lawyer who guarantees the results of your expungement or any case, that's an instant red flag. Communication(s) which promises guarantees, warranties, or predictions regarding the result of a legal representation, they are presumed to be in violation of the Rules of Professional Responsibility 1-400(e).
WHAT IF MY EXPUNGEMENT PETITION IS DENIED? If your petition is denied, you may have the option to re-file your expungement.