"EXTREMELY SATISFIED."
Attorney Hubert K., Irvine, CA
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 over 14 years of legal experience in the courtroom and in the boardroom as a Californian lawyer and counsel.
17 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
ALCOHOL BEVERAGE LICENSING
HOW TO SELL ALCOHOL BEVERAGES IN CALIFORNIA?
For any company or person who wishes to sell alcoholic beverages in the state of California, they must apply for and been approved of an alcohol license from the Department of Alcoholic Beverage Control, known here in California as the ABC. The ABC issues and enforces alcoholic beverage licenses throughout California and often cooperate with local law enforcement to enforce alcohol related violations and crimes, including but not limited to Sales of Minors, Sale and/or Consumption After Hours, Sale to Purchase Between Retailers, and Driving Under the Influence.
In addition to an ABC license, you must apply for and been approved of a local permit for the sale of alcoholic beverages on the property you want to sell alcoholic beverages. This permit is known as a Conditional Use Permit and is issued by the land use division of the government agency that has jurisdiction over the property you wish to do business on. For example: If you plan to open a restaurant that sells alcoholic beverages in the City of Los Angeles, you must obtain a land use permit from the City of LA; however, if it's located in the County of Los Angeles, you must obtain a permit from the County of LA.
IS IT ILLEGAL TO SELL ALCOHOLIC BEVERAGES WITHOUT AN ABC LICENSE IN CALIFORNIA?
Yes, it is illegal to sell alcoholic beverages without an ABC license in California. If you are arrested or ordered to court for illegally selling alcoholic beverages without an ABC license, the local prosecutor's office can and often times will start criminal proceedings against you in criminal court, just as if you were arrested for any other criminal violation. Meaning, your criminal case will be treated as any other criminal case. A misdemeanor in California may carry a 6 month or up to 1 year of jail time and/or up to $1,000 in criminal fines. In addition, you may be ordered to serve probation as well as other criminal penalties. See Sale of Alcohol Crimes.
IS IT ILLEGAL TO SELL ALCOHOLIC BEVERAGES WITHOUT A CONDITIONAL USE PERMIT?
Yes, it is also illegal to sell alcoholic beverages without a Conditional Use Permit in your local city or county. If you are arrested or ordered to court for illegally selling alcoholic beverages without a local land use permit allowing you to do so, the prosecutor's office can and often times will start criminal proceedings against you in criminal court, just as if you were arrested for any other criminal violation. Meaning, your criminal case will be treated as any other criminal case. A misdemeanor in California may carry a 6 month or up to 1 year of jail time and/or up to $1,000 in criminal fines. In addition, you may be ordered to serve probation as well as other criminal penalties. See Sale of Alcohol Crimes.
CAN YOU APPLY FOR AN ABC LICENSE IF YOU HAVE A CRIMINAL RECORD?
This really depends on several circumstances and you should highly seek an experienced ABC lawyer for advise. When you apply for any ABC license, you will have to disclose all your past criminal history. There is no time limit, meaning "any" criminal issue you had in the past must be disclosed. A Live Scan FBI and Department of Justice background check will be required, meaning that literally all your criminal history will be available to the ABC for review. Non-lawyer consultants will have to advise you to seek legal counsel as to the legality and consequences of your criminal history at this junction. However, our firm can legally advise you of your criminal record and resolve any issues at court prior to or during your ABC application. For example: our client, a partner of a bar business inadvertently neglected to disclose a criminal conviction 7 years ago. He totally forgot because he never complied with the conviction order, resulting in a warrant and revocation of his probation. With our criminal law experience, our firm resolved the warrant and probation and obtained an approval of the ABC application for our client.
TYPES OF ABC LICENSE SERVICES OFFERED BY BO LEE LAW GROUP:
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Applying for a new ABC license for your business - Bo Lee Law Group has extensive experience in applying for and obtaining a new ABC license for businesses. There are approximately 88 different types of licenses offered by the ABC. Thus, choosing the right license and preparing and applying for the correct license may often be difficult and time consuming for the business owner, especially a start-up business.
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Transferring a ABC license to a new owner of a business - Bo Lee Law Group has extensive experience in applying for and transferring an existing ABC license for businesses. Most all ABC license transfers require the assistance of an escrow service, meaning there are a lot of documents to be reviewed. These documents are often overlooked by sellers and buyers that are not represented by lawyers. Moreover, license brokers are not lawyers, meaning it is illegal for them to give you legal advice. Thus, hiring a law firm to transfer an ABC license is beneficial as a lawyer will be able to review any documents that may effect you legally and provide legal advise as to those issues.
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Transferring a ABC license to a new business location - transferring an ABC license to a new location is very complicated and limited annually. Thus, consulting a lawyer is recommend should you want to transfer your ABC license to a new location.
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Expansion or modification of ABC license privileges and conditions - expansion of an ABC license is when you desire to expand your business footprint. For example: if you plan to increase your restaurant's square footage or add a patio or other addition, you are required to inform ABC and apply to include the expansion in your ABC license. In contrast, modification of conditions are a request to modify any conditions of your current ABC license. For example: if your ABC license has a condition that prohibits pool hasll, but you wish to add a pool table to your business, then you must request a condition modification.
REASONS WHY YOU SHOULD HIRE A LAWYER TO EXPEDITE OR TRANSFER AN ABC LICENSE:
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The complexity and legality of California's ABC Laws, licensing procedures, and penalties
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The complexity and legality of California's Business & Professional Code (BPC) and penalties
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An experienced ABC licensing lawyer will often save you time and money in expediting an ABC license
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An experienced ABC licensing lawyer can negotiate difficult legal issues when applying for an ABC license
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An experienced ABC licensing and criminal defense lawyer can help you successfully maneuver through the criminal court system in expediting an ABC license
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An experienced ABC licensing lawyer can offer legal advice associated with your ABC license
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An experienced ABC licensing lawyer may appear for you on most cases related to your ABC license
ABC ACCUSATION DEFENSE
WHAT IS AN ABC ACCUSATION?
An ABC Accusation is an administrative and legal process to enforce ABC Laws and penalize licensees whom violated those laws. The ultimate penalty is the revocation and termination of your ABC license. These proceedings are similar to how a criminal case is handled in criminal court. Prior to an Accusation, ABC field agents investigate a public complaint or potential violation of a licensee. Based on the evidence they gather, the litigation lawyers at ABC will make a determination whether to file an Accusation against the licensee. Once an Accusation is filed it is served on the license holder similar to a defendant in a lawsuit. For example: If you unintentionally sell an alcoholic beverage to a minor decoy, an Accusation proceeding will likely commence against you.
CAN AN ABC ACCUSATION RESULT IN A CRIMINAL CASE?
Yes, your ABC Accusation proceeding may lead to a separate but simultaneously filed criminal case in the criminal court system. See Sale of Alcohol Crimes. However, whether a criminal case is filed against you depends on your local prosecutor's office based on the evidence provided by ABC, local police, or both. Should the prosecutor decide to file a complaint against you, you will be required to appear in front of a criminal judge. In addition, you will be required to reply to the ABC Accusation as well. An experienced ABC and criminal defense lawyer can navigate both administrative and criminal court systems to provide the best outcome of both matters. A non-lawyer expediter is unable to legally represent you in these capacity. For example: You receive a criminal citation for a violation of an ABC Law. Weeks later, you receive a notice of an Accusation from the ABC. You must reply to the ABC notice and personally appear in court to resolve your criminal case. Should you fail to address either of the cases, you risk losing your ABC license or worse, face jail time.
TYPES OF ABC ACCUSATION DEFENSE SERVICES OFFERED BY BO LEE LAW GROUP:
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ABC Pre-Accusation defense - Bo Lee Law Group has extensive experience defending Pre-Accusation notices from the ABC. Prior to a filing of an Accusation, a licensee may have the chance to address any violations during the Pre-Accusation phase of ABC litigation. It is highly recommended that you consult an experienced ABC lawyer when you receive a Pre-Accusation notice to avoid unnecessary delays and maximize any opportunity to successfully resolve your matter without an ABC hearing.
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ABC Accusation defense - Bo Lee Law Group has extensive experience defending ABC Accusations filed against licensees in all aspects of administrative litigation. It is highly recommended that you consult an experienced ABC lawyer when you are served with an Accusation to avoid unnecessary delays and maximize any opportunity to successfully resolve your matter without an ABC hearing.
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ABC Hearing defense - An ABC hearing is similar to a court trial. At the hearing, evidence from both the ABC and the licensee is presented to a judge who will make a proposed decision. Should a ABC hearing be required for your case, our firm will prepare for and defend you at the hearing.
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ABC Appeals - Although rare in most Accusation cases, should the administrative judge decide in favor of ABC at the hearing phase, you can appeal its decision with the ABC Appeals Broad. You will present all the evidence to the Appeal Board, who will then make a decision within 120 days.
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Neighborhood Prosecutor Hearing defense - especially in larger cities such as Los Angeles, the neighborhood prosecutor's office may request the presence of an ABC licensee or its employees at a scheduled hearing. Although, these hearing may be voluntary in nature, failure to appear may trigger a criminal complaint against the licensee. Bo Lee Law Group has extensive experience defending clients at these hearings to avoid further legal issues that may arise from not appearing as requested.
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Criminal Case defense - Bo Lee Law Group has extensive experience defending criminal cases involving ABC licenses and related crimes. Our criminal defense background in general crimes sets us apart from other firms that only focus on administrative cases. Our firm already knows how to maneuver through the criminal court system to provide the best outcome for our clients. See Sale of Alcohol Crimes.
REASONS WHY YOU SHOULD HIRE A LAWYER FOR AN ABC ACCUSATION CASE:
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The complexity of administrative law
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The harshness of ABC penalties
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The complexity and harshness of the Business & Professional Code (BPC)
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Enforcement agents and attorneys are more likely to listen to an experienced defense lawyer than you
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An experienced ABC lawyer can assess whether you have legal defenses to fight your ABC Accusation
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An experienced ABC and criminal lawyer can provide creative and alternative options for your case
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An experienced ABC and criminal lawyer can assess whether your ABC license can be saved
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An experienced ABC licensing lawyer may appear for you on most cases related to your ABC Accusation
CONDITIONAL USE PERMITS
WHAT IS A CONDITIONAL USE PERMIT (CUP)?
A Conditional Use Permit (CUP) is a conditional permit granted by your local government agency in order to allow a particular use on land. For the sale of alcoholic beverages, you need a Conditional Use Permit from your county or city prior to selling any type of alcohol for consumption. For example: A Los Angeles based sushi restaurant plans to sell alcoholic beverages, mainly beer and wine. The owner must obtain a Conditional Use Permit from the City of Los Angeles, Land Use and City Planning Unit, prior to dispensing any alcoholic beverages at the restaurant. This permit is not an ABC license to sell alcoholic beverages. The ABC license must be obtained separately from the State of California prior to selling alcohol at the restaurant. See Alcohol Beverage Licensing. Yes, this gets very confusing and that's why an experienced Land Use and ABC lawyer will save you lots of time when applying for licenses and permits; and time is money when it comes to starting and running a business.
IS IT ILLEGAL TO SELL ALCOHOLIC BEVERAGES WITHOUT A CONDITIONAL USE PERMIT?
Yes, it is also illegal to sell alcoholic beverages without a Conditional Use Permit in your local city or county. If you are arrested or ordered to court for illegally selling alcoholic beverages without a local land use permit allowing you to do so, the prosecutor's office can and often times will start criminal proceedings against you in criminal court, just as if you were arrested for any other criminal violation. Meaning, your criminal case will be treated as any other criminal case. A misdemeanor in California may carry a 6 month or up to 1 year of jail time and/or up to $1,000 in criminal fines. In addition, you may be ordered to serve probation as well as other criminal penalties. See Sale of Alcohol Crimes. For example: The sushi restaurant above opened without a Conditional Use Permit, but began selling sake wine to its customers. The police were notified that the restaurant sold alcoholic beverages without the proper licenses and permits.The police cites or arrests the restaurant owner for illegal land use, which is a criminal offense. See Sale of Alcohol Crimes.
HOW TO GET A CONDITIONAL USE PERMIT?
As with all bureaucratic procedures, applying for and obtaining a Conditional Use Permit is very complicated and time consuming. It is not for the faint of heart. There are numerous steps an applicant must overcome to just get your case heard at a public hearing for approval of your application. Should you prevail at the hearing, you must also overcome effectuation requirements, meaning all conditions of your Conditional Use Permit must be met.
WHAT ARE CONDITIONAL USE PERMIT CONDITIONS?
As Conditional Use Permits are conditional in nature, it contains numerous conditions that must be met by the permit holder. These permits must be complied with during the term of the permit. If not, your risk criminal consequences and/or termination of your permit. For example: The sushi restaurant above finally obtains a Conditional Use Permit to sell beer and wine at its location. However, one of the conditions of the Conditional Use Permit prohibits the sale of alcoholic beverages from 10:00 p.m. to 2:00 a.m. Monday through Thursday. The owner decides to violate this condition and sell alcoholic beverages at anytime. The police cites or arrests the restaurant owner for illegal land use, which is a criminal offense. See Sale of Alcohol Crimes.
TYPES OF CONDITIONAL USE PERMIT SERVICES OFFERED BY BO LEE LAW GROUP:
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Conditional Use Permit to sell alcoholic beverages for restaurant businesses - Bo Lee Law Group has extensive experience applying for Conditional Use Permits to sell alcoholic beverages for restaurant businesses. Because of the complexities of land use and permit applications, it is highly recommended that you consult an experienced Land Use and ABC lawyer for any permits related to the sale and dispensing of alcoholic beverages at your restaurant.
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Conditional Use Permit to sell alcoholic beverages for general retail businesses - Bo Lee Law Group has extensive experience applying for Conditional Use Permits to sell alcoholic beverages for general retail businesses. For example: Liquor Stores. Because of the complexities of land use and permit applications, it is highly recommended that you consult an experienced Land Use and ABC lawyer for any permits related to the sale and dispensing of alcoholic beverages at your retail store.
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Conditional Use Permit for entertainment businesses - Bo Lee Law Group has extensive experience applying for Conditional Use Permits for entertainment businesses. Entertainment businesses include karaoke, dance clubs, massage parlors, and billiard halls. Because of the complexities of land use and permit applications, it is highly recommended that you consult an experienced Land Use and ABC lawyer for any permits related to entertainment businesses.
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Land Use Enforcement Defense - Bo Lee Law Group has extensive experience defending criminal cases involving land use violation. As a criminal case, they carry the same criminal penalties and consequences as more serious crimes. A conviction may lead to a lengthy probation term, criminal fines, and/or jail time. Moreover, your conviction stays on your record. Meaning any Live Scan background check will reveal your conviction. This may negatively impact your chances of receiving approval for your ABC license and/or police permit application.
REASONS WHY YOU SHOULD HIRE A LAWYER TO EXPEDITE A CONDITIONAL USE PERMIT:
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The complexity of local government land use, city planning procedures, and penalties
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The complexity of California's Business & Professional Code (BPC) and penalties
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An experienced land use lawyer will often save you time and money in expediting a Conditional Use Permit
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An experienced land use lawyer can negotiate difficult legal issues when applying for a Conditional Use Permit
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An experienced land use and criminal defense lawyer can help you successfully maneuver through the criminal court system in expediting a Conditional Use Permit
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An experienced land use lawyer can offer legal advice associated with your Conditional Use Permit
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An experienced land use lawyer may appear for you on most cases related to your Conditional Use Permit
POLICE PERMITS
WHAT IS A POLICE PERMIT?
Certain business require permits from the local police department to operate. The types of businesses that require police permits include Card Clubs, School, Cafe Entertainment & Shows (live music, karaoke, shows), Dance Halls, Dancing Clubs, Dance Academy, Public Dances, Pool Hall, Arcade, Public Games, Amusement Games, Adult Motion Picture Show, Cyber Cafes, Bowling Alley, Massage Parlor, Skating Rink, and Swap Meets. Each local government entity may have different policies and requirements for police permits, so you need to check which entity had jurisdiction over your business location.
WHY DO I NEED A POLICE PERMIT?
Well, our theory is that above types of activities may require more police enforcement due to nature of the of the activities involved, as such, the local police department needs to register these businesses to regulate and enforce them. Also, these permits generate revenue for the local government. Whatever the real reason is, if you are planning to operate any of the types of business activities listed above, you will have to apply for and been approved of a valid police permit to operate your business activity. For example: The owner of a Mexican restaurant in Los Angeles wants a mariachi band to play live music for his guests. Prior to offering live music in his restaurant, he needs to obtain a police permit from the Los Angeles Police Department.
IS IT ILLEGAL TO OPERATE A BUSINESS WITHOUT A POLICE PERMIT?
Yes, if you are conducting the above listed activities at your business without a police permit, you are breaking the law. You can be cited or arrested for violation of not having a police permit and you will have to appear in criminal court. As a misdemeanor, it may carry a 6 month or up to 1 year of jail time and/or up to $1,000 in criminal fines. In addition, you may be ordered to serve probation as well as other criminal penalties. For example: The owner of the Mexican restaurant above decides to offer the services of a mariachi band to his guests before obtaining the proper police permit. One night, an LAPD officer requests to see his police permit. Because he doesn't have a police permit, the officer may cite or arrest him or his employees for violating the law, requiring him to stand in front of a criminal court judge. See Sale of Alcohol Crimes.
HOW TO GET A POLICE PERMIT?
As with all bureaucratic procedures, applying for and obtaining a police permit is very complicated and time consuming. An inspection by the police is usually required. Moreover, the police will evaluate other licenses or permits that maybe required for your business before allowing a public hearing to approve or deny your permit. For example: The above owner of the Mexican restaurant has an ABC license to sell beer and wine. He applies for a police permit for live music. But, his ABC license has a condition prohibiting loud music. His police permit lawyer negotiates a favorable resolution with LAPD to allow a public hearing and his police permit is approved.
TYPES OF POLICE PERMIT SERVICES OFFERED BY BO LEE LAW GROUP:
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Police Permit for bowling alley - Bo Lee Law Group has extensive experience applying for police permits. Bowling alley permits require limited hours and no alcohol. A public hearing and publication of hearing is required.
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Police Permit for live music, shows, and karaoke - Bo Lee Law Group has extensive experience applying for police permits. Live music, shows, and karaoke permits require a public hearing, but publication is not required.
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Police Permit for dance halls and dancing clubs - Bo Lee Law Group has extensive experience applying for police permits. Dance hall and dance club permits require at least a 200 square feet of dance floor, a valid Conditional Use Permit, with certain exceptions, and a public hearing with publication.
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Police Permit for pool room and billiard halls - Bo Lee Law Group has extensive experience applying for police permits. Pool room and billiard hall permits have different categories depending on the number of pool tables and require a public hearing with publication.
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Police Permit for arcade and amusement games - Bo Lee Law Group has extensive experience applying for police permits. Arcade and amusement game permits have different categories depending on the type of games offered and require a public hearing.
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Police Permit Enforcement Defense - Bo Lee Law Group has extensive experience defending criminal cases involving police permit violations. As a criminal case, they carry the same criminal penalties and consequences as more serious crimes. A conviction may lead to a lengthy probation term, criminal fines, and/or jail time. Moreover, your conviction stays on your record. Meaning any Live Scan background check will reveal your conviction. This may negatively impact your chances of receiving approval for your ABC license and/or other permit application.
REASONS WHY YOU SHOULD HIRE A LAWYER TO EXPEDITE A POLICE PERMIT:
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The complexity of local government police permit rules, city planning procedures, and penalties
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The complexity of California's Business & Professional Code (BPC) and penalties
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An experienced police permit lawyer will often save you time and money in expediting a police permit
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An experienced police permit lawyer can negotiate difficult legal issues when applying for a police permit
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An experienced police permit and criminal defense lawyer can help you successfully maneuver through the criminal court system in expediting a police permit
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An experienced police permit lawyer can offer legal advice associated with your police permit
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An experienced police permit lawyer may appear for you on most cases related to your police permit