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How to Avoid Probate in California

In California, the probate process can be expensive, time-consuming, and completely public, revealing private details about your estate. As a result, it’s best to avoid probate if at all possible. I’m Sina Mohajer with Mohajer Law Firm, where we specialize in Estate Planning, Family Law, Criminal Defense, and Personal Injury. In this video, I’ll walk you through practical, legal ways to avoid probate in California. We’ll cover what probate is, why it’s best to steer clear of it, top strategies to protect your assets, common mistakes that still trigger probate, and when to speak with an experienced estate planning attorney. Transcript: As my friend Shakespeare once said, “probate or not to probate, that is the question.” And frankly, it’s an easy answer. It’s not to probate, because in California, it’s not only time-consuming, it’s costly, but it’s also public record. In this video, I want to walk my viewers through legal ways to avoid it in the state of California. Specifically, what is probate and why to avoid it, top strategies to avoid probate in California, common mistakes that still trigger it, as well as when to talk to an estate planning attorney. For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in estate planning, family law, criminal defense, and personal injury. In these videos, I like to tackle complex legal issues and try to simplify them for our viewers in order to give you that knowledge and know-how to handle your case more effectively. So if you like what you hear today, hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, I welcome you to our mini-series called A Walk in the Park. What Is Probate and Why Should You Avoid It? So what is probate and why avoid it? Probate is a court-supervised process of distributing a person’s assets after death. It can be extremely expensive. Not only do you have court fees that you have to pay, but there’s also attorney’s fees that all come out of the estate, which means less is distributed to your beneficiaries. It could be extremely lengthy. It could take anywhere from months to even years to finalize, as well as it’s public. That means there’s no privacy as to what you have in your estate. And in California in particular, probate costs are exceptionally high due to the statutory fee structure. How to Avoid Probate in California So what are some top strategies to avoid probate in California? Revocable Living Trust The most powerful tool I can think of is a revocable living trust, where you designate assets in this trust that upon your death gets divided to the beneficiaries and you can avoid probate outright. Beneficiary Designation Another one is a beneficiary designation. These are usually used for life insurance policies, retirement accounts, or pay-on-death bank accounts that once you die, the beneficiaries automatically get the benefit and you can avoid the cost and length of probate. Owning Property Jointly with Right of Survivorship A third option is also owning property jointly with someone but having the right of survivorship tacked on. That means if you were to die owning real estate with a co-owner, upon your death, the full interest in ownership transfers to the other person, again avoiding probate. Transfer-on-Death Deeds Another one is transfer-on-death deeds, where you can have real estate owned by you outright, not sharing with another co-owner, but you fill out the appropriate paperwork so upon your death that real estate automatically gets transferred to the beneficiary you selected in order to avoid probate. Gifting Assets And the last tool, although it’s a small tool, it’s worth noting, is gifting assets to reduce your probate assets outright. The less assets you have to probate, the less time it’ll take, the less expensive it will be. But you can’t avoid the public part of the whole thing. Mistakes that Trigger Probate Some common mistakes that still trigger probate are creating a trust but not actually designating any assets in the trust to take effect. Having outdated beneficiaries: if you were involved in a divorce and your ex-spouse is still named a beneficiary, that can trigger probate. A third one is owning property solely and not having any type of joint ownership with right of survivorship, that can activate probate. And lastly is overlooking digital or out-of-state assets. If you forget to include any assets in a trust or a will, it will automatically trigger probate to occur. When to Contact an Estate Planning Attorney So when do you talk to an estate planning attorney? Well, if you have significant assets or real estate, if you own a business or have investment property, or you want to minimize your taxes, maximize your privacy, or even avoid DIY risks. Because an estate plan that doesn’t conform with California law could end up failing in court and you’re stuck in probate anyways. Contact Mohajer Law Firm About Your Estate Planning So in this video, we covered a lot. We talked about what is probate, why to avoid it, top strategies in avoiding probate in California, some common mistakes that still trigger it, as well as when to talk to an estate planning attorney. So if you have questions about your case or your estate plan, I welcome you to contact our office for a consultation. Happy to sit down with you one-on-one to explore the best options and tools to implement in order to protect your future and the future of your loved ones. And like I said in the beginning of this video, don’t forget to hit that like button and remember to subscribe so you’re always informed of any new videos being posted.

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What to Do If You’re Falsely Accused of Domestic Violence

False allegations of domestic violence can have devastating effects on your reputation, your rights, and even your relationship with your children. Unfortunately, they’re not uncommon in divorce, custody, or breakup situations where they’re often used as leverage in disputes over support, custody, or property. In the video below, family law attorney Sina Mohajer breaks down why false accusations happen, what to do immediately if you’re accused, and how to protect yourself legally. From avoiding contact with your accuser to gathering strong evidence and hiring the right attorney, you’ll learn practical steps to defend your name and safeguard your future when facing false domestic violence claims. Transcript: Whether you’re dealing with a divorce, a parentage case, or even just a simple breakup in your relationship, you could be facing false allegations, or accusations, of domestic violence. But why are these false allegations happening and why do they matter? What are some immediate steps you should take if you’re being faced with these false accusations of domestic violence, as well as what are some legal strategies to keep in mind when handling a false allegation case? Well, in this video, we’re going to address all of that. For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Family Law, Criminal Defense, Estate Planning, and Personal Injury. In these videos, I like to take complex legal issues and try to simplify it for our viewers in order to give you the knowledge and know how and what to expect and how to handle your case a little bit more effectively. So if you like the contents of this video, hit that like button. And don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, I welcome you to our channel called A Walk in the Park. Why Are False Allegations Made Against You? So why are false allegations even being made when you’re dealing with some type of divorce, custody, or a simple breakup? And it’s a little hard to say exactly why it’s happening to you specifically. But some advantages of making these allegations for the other side is that it can have certain implications in your divorce process. Accuser Can Avoid Spousal Support For example, if you are a victim of domestic violence, you are not required to ever have to pay for spousal support. So as a strategic measure, that could be a reason why false allegations are being made against you. Can Affect Your Custody Rights Or in a custody matter when there’s children involved, if there’s a showing of domestic violence, it could have an implication on your custody rights and your parenting time with your children. Negative Effect on Your Reputation Or when there’s just a simple breakup, a simple restraining order that could have an impact on your reputation, on your job, and so forth. People do things, and sometimes we can’t explain it, but it’s important to understand the implications and what to do moving forward. Immediate Steps to Take After False Allegations of Domestic Violence So what are some immediate steps you should take? Gather Evidence The biggest thing that I can’t emphasize enough is always gathering your evidence. Evidence, evidence, evidence. Without it, you’ve got nothing. Do Not Contact the Accuser One thing you cannot do is contact the accuser. Chances are, if you’re being accused of domestic violence and there’s already a court proceeding, there’s a possibility where there is a temporary restraining order against you, which means if you contact the accuser, you’re in violation of it. And in California, when you go to trial and then they are able to prove that you violated a temporary restraining order, it doesn’t matter whether they can prove all the allegations ahead of that, where they got the temporary restraining order for; all they have to show is that you violated a court order and it’s an automatic permanent restraining order. So I can’t emphasize that enough. And in my own cases, I see it all the time, where the accused contacts the accuser, whether directly or indirectly. And you can’t do either. You can’t make phone calls. You can’t come in person to talk to them. You can’t use a third party to go and talk to them and say, hey, why are you doing this? Or pass along any message whatsoever. Because like I said, when I go to trial, the first thing I look at is whether the accused violated the restraining order. That makes my job super easy, where I don’t have to prove the allegations of domestic violence. I just have to prove that you violated a court order and I’m going to get a five-year restraining order against you. So it’s very important that you follow that and you follow any other orders that the court makes. Comply with a Move Out Order In a restraining order, if you’ve been cohabitating with the accused, chances are there’s going to be a move out order. You have to comply. Anything the court orders, it’s very important that that is the first thing that you do, is read that order and comply to it to the T. Hire an Attorney Another immediate step that you should take is hire an attorney. I’ve seen many times people trying to handle the case on their own. And at the end of the day, they come to me seeing what I can do to help fix the mistakes that they made. And unfortunately, at that point it’s too late. If a restraining order is granted, you’re stuck with it and you have to follow the terms of that order. But if you’re able to hire counsel before your trial, before anything happens, it gives us the opportunity to increase your chance of refuting those false allegations and clearing your name. Legal Defense Strategies for False Allegations of Domestic Violence So what are some legal defense strategies that

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California Bail Process Explained: Steps, Legal Tips & What Affects Your Bond

Understanding how bail works in California is crucial if you or a loved one is arrested. Bail determines whether you can be released from custody while awaiting trial. And the amount can vary greatly depending on the case. In the video below, criminal defense attorney Sina Mojaher breaks down the California bail process step by step, explains the different types of release, and discusses key factors that affect how much bail is set. You’ll also learn practical legal tips to navigate the process, reduce your bail amount, and stay compliant with court conditions to avoid re-arrest and unnecessary penalties.  Transcript: When you are arrested for a criminal charge, you’re most likely going to have to deal with the bail process. Now, although it might be a minor part of the totality of your case, it’s a very important part to fully understand because it guarantees your release from custody and gets you out of jail. In this video, I want to talk about what is the bail process in California, what are the steps involved, what are some key factors affecting bond or bail in California, as well as some legal tips to navigate through it. For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in criminal defense, family law, estate planning, and personal injury. In these videos I like to tackle complex legal issues and try to simplify it for our viewers in order to give you that knowledge and know-how to handle your case more effectively. So if you like the contents of this video, hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted. Without further ado, I welcome you to our mini-series called A Walk in the Park. What Is the Bail Process in California So what is the bail process in California? Well, bail is a financial guarantee that you’re going to appear in court in order for the judge to release you from custody. Different Types of Release Now, the different types of release can be a full cash bail, you can use the services of a bail bondsman to pay a portion and they cover the rest, or the court can release you on your own recognizance, which we call OR release. Steps of the Bail Process So what are the steps involved? Bail Amount Is Set by Judge Well, you’re arrested, you’re booked, and then a bail amount will be set based on the county schedule or the judge’s discretion. Hearing to Reduce Bail If you ask for a bail hearing, that’s where you can address the court and try to reduce it, or the judge may adjust the bail based on flight risk, severity of the crime, or any other factors that the judge might deem proper to adjust your bail. Pay Bail Amount Next, you go ahead and pay that bail if one is set, either using a bondsman, or you pay cash, or if there is none, you’re released on your own recognizance. Meet Conditions of Your Bail And then you also have to make sure you meet the conditions set by the judge. For example, if it deals with an alcohol charge, you’re going to go to AA a couple of times a week and you have to be able to show proof every time you come back to court. Or if it’s a violent crime against a victim, there’s going to be a stay-away order that you cannot violate. Factors That Affect Your Bail Amount So what are some factors that affect bail? Crime Severity Well, you’ve got crime severity. Felonies tend to have a higher bail than misdemeanors, and depending on how severe your felony is, it can also constitute a higher bail. Criminal History Your criminal history is another factor the court considers when setting bail. If in the past you have a lot of criminal history, for example, convictions of felony or misdemeanors, that can cause a higher bail. Or if your criminal history showed that you have a tendency of not showing up to your court hearings, which is a violation, the court can set a higher bail to ensure that you show up every time. Public Safety Another factor is public safety. If the crime you’re being alleged of committing constitutes some type of risk to the community, the court can set a higher bail as well. And lastly, it’s your financial ability. Courts have the discretion to go up but also go down on your bail based on your ability to pay it. If you can’t afford it, if it doesn’t make sense to keep you in custody, the court can make adjustments accordingly. Legal Tip for the Bail Process So what are some legal tips to navigate through this? Hire an Experienced Criminal Defense Attorney Well, one, hire a seasoned criminal defense attorney. We can argue on your behalf to reduce the bail or completely throw it out and have the judge let you be released on your own recognizance. Meet Your Bail Conditions Another thing is also meeting the conditions. If the court sets conditions as part of your release, for example, going to AA meetings, having no contact with the victim, or any other conditions, it’s important that you also follow those to the tee. Any violation of these conditions can lead to your re-arrest as well as an increase in your penalty, your sentencing. Work with the Right Bondsman Another legal tip I can provide is working with the right bondsman. There’s a lot of bondsmen out there that can guarantee you’re released from custody. You pay a certain percentage, that’s all fine. But not every bond service is created equally. There are some that have hidden fees, so it’s important to look at the fine print to ensure that you’re not paying anything more than you have to. Satisfy the Condition of the Court And lastly, make sure you

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What Happens After You’re Arrested for a Crime? Know Your Rights & the Court Process

Being arrested is one of the most stressful experiences anyone can face. Whether it’s your first time or not, understanding what happens next can make all the difference. In this video, criminal defense attorney Sina Mohajer breaks down exactly what to expect immediately after an arrest, your most important legal rights, and how the court process typically unfolds. You’ll also learn about common mistakes that can seriously harm your case, and how to avoid them. By knowing what to do, and what not to do, you can protect your freedom and give yourself the best possible chance for a positive outcome. This content is original and belongs to Mohajer Law Firm and should not be copied. You should write your own original content or find a better SEO company to work with.  Transcript: Sometimes we make mistakes. After all, we’re human. But some mistakes lead to more severe consequences, like getting arrested. In this video, I want to address just that: what to expect immediately after you’re arrested, understanding your legal rights, what to expect for the court process, and lastly, some major mistakes that I have seen when defending clients in a criminal case. For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Criminal Defense, Family Law, Estate Planning, and Personal Injury. In these videos, I like to take legal questions or legal issues and try to simplify it for our viewers in order to give you that information and know-how on what to expect and how to handle your case more effectively. So if you like the contents of this video, please hit that like button. And don’t forget to subscribe either so you’re always informed of any new videos being posted. And without further ado, I welcome you all to our new mini-series called A Walk in the Park. What Happens After You’re Arrested? So what happens immediately after an arrest? Well, you’re going to get arrested and taken either to a jail or a booking center where they’re going to take your fingerprints, photographs, as well as any items you have on your person. Miranda Rights Either immediately before the arrest or immediately after, they are required to read you your Miranda rights, which we’ll dive into more later. But it’s important to note whether they do this or not, because if they don’t, you need to let counsel know—your legal representative—in order to be able to defend your case a little bit better. Interrogation or Bond After the Miranda rights, that’s when you’ll either go through an interrogation process or you’ll be given a bond in order to be released from jail. Your Legal Rights After an Arrest Now, what are some legal rights that you have immediately after you’re arrested? Right to Remain Silent Well, number one is you have the right to remain silent. It’s part of the Miranda rights. Take advantage of it. Don’t waive it, because they say anything you say may be used against you. In my opinion, it will be used against you in a court of law. So keep your mouth shut. Don’t answer any questions and wait till you have an attorney. Right to Seek Counsel Another right that you have is you have the right to seek counsel. Whether you want to hire private counsel of your choosing or if you can’t afford an attorney, one will be provided to you at no cost by the public defender’s office. Right to a Phone Call Another right you have is the right to a phone call, but not like we see in the movies where you only get one. In California, you can actually have up to three phone calls within a reasonable period of time. So it’s important to note this so you can call the right individuals to come to your aid and help out if need be. The Court Process So what can you expect in the court process? Arraignment Well, the very first court hearing is going to be your arraignment. During this stage, you’re going to only plead either guilty or not guilty to the judge. Nothing else is going to be necessary for you to say during that hearing. It also gives your attorney an opportunity to be able to get the discovery necessary from the district attorney’s office so we can start planning out your defense, as well as to get a copy of the complaint that they are charging you with. Pretrial Conferences After the arraignment stage, it’s going to be a bunch of pretrial conferences. There could be as little as one pretrial or as many as four to even eight pretrial conferences before your case is ready for trial. During this stage, it allows us attorneys to be able to speak to the district attorney’s office to poke holes in their case and build up your defense in order to either get a dismissal or some type of favorable plea offer to you. At that stage, if we can work out a deal, great, we enter into the deal, the case is done. But in the event that we cannot work out a deal or they will not dismiss the charges, then you have no other choice but to proceed forward with trial. Court Trial And that comes stage three, which would be your trial stage where we prep in order to have that trial with 12 of your peers sitting in the jury box to determine whether you did or did not commit the allegations being made against you. Common Mistakes When You’re Arrested for a Crime Speaking to Authorities Without a Lawyer Now, some common mistakes that I have seen when defending my clients, or even observing in court, is one, someone is speaking to law enforcement or the district attorney’s office without their legal representative being present. You have the right to answer questions, explain your side of the story, but it’s very important not

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California’s Three Strikes Law: What You Need to Know to Stay Out of Prison

The California Three Strikes Law is one of the state’s toughest sentencing laws, designed to impose harsher penalties on repeat offenders. If you’ve been convicted of one or more felonies, understanding how this law works is critical to protecting your future. In the video below, criminal defense attorney Sina Mohajer breaks down what qualifies as a “strike,” how prior convictions can impact your current case, and how recent updates like Proposition 36 have changed sentencing outcomes. We’ll also discuss key defense strategies, such as filing a Romero motion to strike prior convictions, and common mistakes that can make your situation worse.  Transcript: Strike one. Strike two. Strike three. In California, there’s a three strikes law. But what do you need to know in order to protect your future in today’s day, 2025? In this video, we’re going to talk about what the California three strikes law is, how it applies in today’s day of 2025, how to protect yourself under the three strikes law, as well as some common mistakes to avoid. For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Family Law, Criminal Defense, Estate Planning, and Personal Injury. In these videos, I like to tackle complex legal issues and try to simplify them for our viewers in order to give you the knowledge and understanding to deal with your case on your own. So if you like what you hear today, hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted. Without further ado, I welcome you to our mini-series called A Walk in the Park. What Is California’s Three Strikes Law? So what is California’s three strikes law? Well, it’s defined under the California Penal Code 667, which imposes a harsher sentence to repeat felony offenders, causing your third strike to impose a sentence of 25 years to life imprisonment. What Is a Strikeable Offense? But what is considered a strikeable offense? A strikeable offense is any serious felony or a violent felony. Examples of those would be murder, robbery, or even some sex crimes. However, I have seen the third felony, even minor felonies, trigger that life imprisonment sentence when prior strikes exist. So it’s really important that you handle your case efficiently and understand the nuances of the third strike law in California. How Does the Three Strikes Law Apply in 2025? But how does the three strikes law apply in today’s day of 2025? Well, when you have two prior strikes of serious or violent felonies, any third felony would constitute as a strike, therefore imposing that more severe sentence. However, in 2012, Proposition 36 was passed, which constitutes that the third felony must be a violent or serious felony in order for it to count as your third strike. But there are older cases that may still apply. It’s important to also note that courts generally have the inherent power to strike or do away with your prior two strikes when dealing with the current charge pending. How Do You Protect Yourself Under the Three Strikes Law? So how do you protect yourself under the three strikes law? Hire a Good Defense Attorney Number one is you hire a good defense attorney. With a seasoned criminal defense attorney, we may file what’s called a Romero motion, which allows a judge to strike or do away with the prior strikes and not constitute this third felony as your third strike. Have Prior Strikes Classified Correctly Also, it’s important to ensure that the classification of your prior strikes was true and correct. A lot of times when a felony conviction is had and people sign a plea bargain, it doesn’t set forth whether it constitutes as a strike or not. By reviewing your criminal record, we can see whether it was classified correctly or not in order to determine if this particular pending charge is going to be your third strike. Negotiate During the Plea Bargaining Stage Lastly, it’s important to negotiate during the plea bargaining stage. During the plea bargaining stage, we can negotiate that this offense is going to be constituted as a non-strikeable offense. Therefore, the imposition of that 25 years to life imprisonment is not enforced. Common Mistakes to Avoid But what are some common mistakes to avoid? Not Disclosing Prior Felony Charges to Your Attorney Number one is not disclosing your prior felony charges. Yes, when you retain an attorney, we have the ability to go into your record to see what other priors you have, but not all records are always disclosed to us when we do that initial search. So it’s important to disclose to your attorney whether you had prior charges, if they were felony or serious or violent in nature. Missing Court Dates Number two is never miss any court date. We are limited to when we can file that Romero motion. If we miss our deadline, we could be prevented from filing it, and now we’re stuck with your two prior strikes and dealing with the pending charge possibly being your third strike that leads to 25 years to life. Waiting to Hire an Attorney Lastly is not hiring an attorney timely. This is a very common mistake I see because a lot of people go with a public defender. Sure, it’s free, but they don’t pull their weight. They don’t do what’s necessary, and then they come to my office to retain, and now I’ve missed my deadlines or missed the ability to negotiate fairly and in good faith with the district attorney. So that’s another common mistake I see. Contact Mohajer Law Firm If You’re Facing the Three Strikes Law In this video, we talked about what the three strikes law in California is, how it applies in today’s day of 2025, how to protect yourself under the law, and some common mistakes to avoid. So if you liked what you heard in today’s video,

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Facing a Felony Charge? Here’s What Happens Next

Being arrested for a felony can be one of the most frightening experiences of your life, especially if it’s your first time. You’re suddenly faced with police custody, legal jargon, and uncertainty about what comes next. In this video, criminal defense attorney Sina Mohajer will walk you through exactly what happens after a felony arrest, including the booking and bail process, your legal rights, and what to expect in court. You’ll also learn key do’s and don’ts that can make a major difference in your case. Understanding these steps early on can help you protect your rights and prepare for the road ahead.  Transcript: Hi there. Oh. You hear that? Those are police sirens coming to arrest you for a felony charge. This is a scary time, especially if it’s your first time being arrested. And there’s a lot of questions probably going through your mind on what to expect. What happens after you’re arrested for a felony. What are some legal rights that you have? What is the felony court process? And lastly, what are some do’s and don’ts if you’re being arrested for a felony charge? Well, in this video, we’re going to address all of those questions. For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Criminal Defense, Family Law, Estate Planning, and Personal Injury. In these videos, I like to take legal issues and try to simplify it for our viewers in order to give you that information and knowledge on what to expect and how to handle your case more effectively. So if you like the contents of this video, hit that like button. And don’t forget to subscribe. So you’re always informed of any new videos being posted. And without further ado, I welcome you all to our new mini series called A Walk in the Park. What to Expect When Arrested for a Felony So what can you expect immediately after being arrested for a felony charge? Well, you’re going to be taken for a booking where they’re going to take your fingerprints, your photograph, as well as making an accounting or a list of items that you have on your person. Miranda Rights Either before or immediately after the arrest, you’re going to be read your Miranda rights. And it’s important to take note of this because if they fail to read these rights, as defense counsel, that is the first thing we want to hear from you. Bond Hearing The next thing that happens is going to be a bond hearing where the court will determine what your bail or bond should be in order to allow you to be released from custody. Or you’re going to end up spending the night in jail throughout the pendency of your action. Legal Rights When Arrested So what are some legal rights that you have if you’re facing a felony arrest? Right to Remain Silent The very first one is the right to remain silent. I mentioned those Miranda rights. They’re there for a reason. You are not to speak a word without having legal representation. Anything you say may or can be used against you is the Miranda right. But I’m telling you right now, anything you say will be used against you in your criminal case. So it’s important not to say a word. Right to an Attorney You also have the right to an attorney of your choosing. If you cannot afford an attorney, one will be provided to you at no additional cost, and that is through the public defender’s office. Right to a Bond Hearing Another one of your main rights is also to have a bond hearing. Once you’re arrested for a felony, you may demand to have a bond hearing in order to reduce the bond or to set a bond so that way you don’t have to spend the night in jail throughout the pendency of your case. Felony Criminal Court Process So what is the felony criminal court process? Arraignment Similar to other criminal cases you have your arraignment, the very first appearance that we make where we get the discovery, the complaint, as well as our first introduction with the court on your case. The only thing you’re going to do is you’re going to plead not guilty during the arraignment stage. Pretrial Conferences After that, we’re going to have multiple pretrial conferences similar to other types of criminal cases where we get an opportunity to speak to the district attorney’s office to poke holes in their case and to build up your defense in hopes that we can get a favorable plea offer for you or even possibly a dismissal. Preliminary Hearing Up until that point, if there’s no deal that can be made, here’s where it’s different than a misdemeanor. In a felony case. We have what’s called a preliminary hearing. A preliminary hearing is basically like a mini trial where the D.A. sets forward the case, either with the arresting officer and the investigator who comes and testifies and we get an opportunity to cross-examine them. If we’re able to poke really large holes in their case, we have the potential of having the judge dismiss the case based on the fact there is just not enough evidence to proceed forward with trial. Now it’s a very thin line that we might be able to get this, but still it’s very possible. So it’s important to gather all the evidence beforehand. Criminal Trial After the preliminary hearing, that’s where we end up having to go to trial, where there will be 12 members in a jury determining whether you did or you did not commit the crimes being alleged against you. Common Do’s and Don’ts So what are some common do’s and don’ts? Well, the common don’ts is that you should never post anything on social media. Like I said, you have the right to remain silent. That’s not just verbal,

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Spousal Support Orders: How Long They Last & How to Modify Them

Ordered to pay spousal support and wondering if it can be changed? You’re not alone,  and the legal process can be confusing, costly, and stressful if you’re not prepared. In this episode of “A Walk in the Park,” family law attorney Sina Mohajer of the Mohajer Law Firm breaks down everything you need to know about modifying spousal support, including how, when, and why it can be changed. Whether you’ve lost your job, gone on disability, or your ex-spouse’s income has changed, this video offers step-by-step legal guidance, backed by real case examples and attorney insights. Transcript: So you got a court order to pay spousal support. What comes next? Do you have to pay the support order forever, or can it be modified? What’s the process to modify it? We’re going to answer all of those questions in this video. Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, estate planning, criminal defense, and personal injury. In these mini-series, I like to tackle complex legal issues and simplify them for viewers to help answer questions you may have about your particular legal situation. If you like this video, hit the like button and don’t forget to subscribe to stay informed of any new videos being posted. Without further ado, welcome to our new mini-series called A Walk in the Park. When can you modify your spousal support order? The court always looks at whether there’s a significant change in circumstances—such as a change in your income or your spouse’s. If either party’s financial situation changes significantly, that’s your opportunity to request a modification. To do this, you must file a Request for Order (RFO) along with an Income and Expense Declaration. These documents must include solid evidence to demonstrate the change—such as proof of retirement, disability, reduced work hours, or a drop in income. Business owners may face complications because their income tends to fluctuate. Courts consider that variability when deciding whether to modify support. A common mistake people make is waiting too long to request a modification. Many stop paying after losing their job, assuming the court will adjust retroactively. However, the court can only modify support retroactively to the date of filing, not the date your circumstances changed. This means if you wait five months, you still owe for those five months. Don’t delay—file immediately once your situation changes. Another mistake is not providing enough financial documentation. For business owners, simply submitting bank statements is usually insufficient. You should include a profit and loss statement and Schedule C with your declaration. If your request is being contested, or if your financial situation is complex, it’s wise to seek legal counsel. A seasoned family law attorney can ensure your income is properly presented and that the opposing party isn’t hiding assets. Whether you’re the paying spouse or contesting a modification, an attorney can strengthen your case by reviewing financial records and ensuring full disclosure. In summary, we covered when you can request a modification, mistakes to avoid, the correct filing process, and when to seek legal help. If you have questions about your case, call our office. I’m happy to sit down with you one-on-one to discuss your options and determine the best strategy for your situation.

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What to Expect in a Divorce Trial: Key Steps & Common Mistakes

While most divorce cases in California are resolved through negotiation or mediation, some reach a point where a courtroom trial becomes necessary. If you and your spouse can’t agree on key issues like custody, support, or division of assets, a judge may have to decide for you. Preparing for trial can feel overwhelming—but with the right guidance and preparation, you can walk into court with confidence. In this video, we’ll walk you through the divorce trial process in California—from gathering evidence and prepping your testimony to understanding what to expect in the courtroom. We’ll also cover the biggest mistakes people make before and during trial, and how to avoid them. If you’re navigating a divorce and need guidance to either avoid trial or prepare for trial, Mohajer Law Firm is here to help. We specialize in family law and are dedicated to protecting your interests. Transcript: Not every divorce case needs to go to trial. In fact, the majority of cases end up settling entirely before a trial date is even scheduled. However, we do have those small exceptions, those number of cases that unfortunately need to go before a judge to reach the finalization of your case. In this video, we’re going to talk just about that: understanding the divorce trial process, key steps to better prepare you for your trial, what to expect when you’re in the courtroom, and lastly, some common mistakes to avoid to better prepare you for your trial date. For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, criminal defense, estate planning, and personal injury. In these videos, I like to tackle complex issues and try to simplify it for our viewers in order to better prepare you in handling your own case or working with your attorney when finalizing your case. So if the contents of this video was helpful to you, please share with your loved ones and friends. Don’t forget to hit that like button. And also, please also subscribe. So you’re always informed of any new videos being posted. Without further ado, I welcome you all to our new mini series called A Walk in the Park. Divorce Trials in California So why do cases even go to trial? Why is it needed? Well, in your case, for any issues that you had, if you and the other spouse cannot come to an agreement and there’s no finalization, then we have no other option other than to present our case before the judge and have him or her decide the outcome. Judges make their decisions based on testimony, evidence presented, and perhaps a little bit of argument. The time expectancy that you can predict that your trial could take depends on the number of issues you have, as well as the complexity of those issues. I’ve seen trials take anywhere from half a day all the way up to a week or two that I’ve been involved in, only because it was so complicated and there were so many moving parts. We needed that extra time. Key Steps of the Divorce Trial Process So what are some key steps to take in order to better prepare you for your trial? Evidence First, and most important thing, is your evidence. Without evidence, there’s no point going to trial. So you have to start gathering your financial documents, bank statements, any other statements or documents that are going to be pertinent to the issues at hand, as well as email communications, text messages that might relate to custody or visitation. Pretrial Motions, Prep for Testimony, and More The next step to take is to work with your attorney. If you have one. There’s a lot of times that we have to file pretrial motions or strategize with our clients in order to better prepare you for the day of trial. And one of those steps is also to prepare you for your testimony, your live testimony. What are some questions we’re going to ask? So that way you’re not caught off guard and you can polish your response a little bit more effectively. Also, to better prepare you for the cross-examination stage. The cross-examination stage is when the other attorney gets to ask you questions after I’ve had the opportunity to ask you the questions that I wanted. And it’s always important to kind of work through that with your attorney so you’re not caught off guard and your testimony ends up coming seamlessly. During the Trial What to expect when you’re in the courtroom when the day of trial actually arrives. The way it usually starts is you start off with an opening statement. You’ve got your testimony, you’ve got your admission of evidence, cross-examination, as well as a closing argument. But every courtroom is different. I’ve said this in my other videos, and I’ll say it again. Every judge handles every case differently and their courtroom differently. Some judges don’t allow for an opening statement or they don’t allow for a closing statement or neither. And they just want to jump right into the facts and testimony. But some judges do provide it. An opening statement, just to kind of get you better prepared, is the opportunity for the attorney to kind of let the judge know what they can expect from this trial, what witnesses will testify to, what facts will be presented, what evidence will be presented to support those facts. Then you have your witness testimony. That could be the parties, the husband and wife, or the spouses, it could be expert testimony, whether it’s a forensic accountant, child psychologist, a vocational evaluation, or whatever you had during the pendency of your case. All those witnesses need to come to testify. Lastly, as the closing argument, the attorneys get the opportunity to have the last say. This is where we bring everything in together and connect all the dots from all the facts and evidence that we

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Business Owners and Divorce: Valuation, Options & How to Protect It

If you or your spouse owns a business, dividing that asset during a divorce can get complicated. In California, businesses started during the marriage are generally considered community property—meaning they’re subject to a 50/50 split. But how do you value a business? What are your options for division? And how can you protect it, both before and after divorce? In this video blog, we’ll break it all down—from business valuations and division strategies to prenuptial agreements and financial best practices. Whether you’re the business owner or the spouse of one, this guide will help you understand your rights and protect your financial future. If you’re navigating a divorce involving a business, Mohajer Law Firm is here to help. We specialize in family law and are dedicated to protecting your financial interests and business assets. Transcript: In every divorce case, you need to divide your assets and debts. But today, we’re going to focus on whether you own your own business and how that’s handled in a divorce proceeding. We’re going to discuss how California treats business assets in divorce. We’re going to discuss what a business valuation is and its importance for your case, as well as some options in dividing your business asset. Lastly, we’re going to talk about how to protect your business before and after divorce.  For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, criminal defense, estate planning, and personal injury. In these videos, I like to tackle complex issues and try to simplify it for our viewers in order to give you the upper hand and the knowledge to handle your case more effectively. So if you like the contents of this video, please hit that like button. And don’t forget to subscribe. So you’re always informed of any new videos being posted. And without further ado, I welcome you all to our new mini series called A Walk in the Park.  Dividing Business Assets in Divorce So how does California treat business assets in a divorce? Well, you have to remember, California is a community property state, which means anything acquired from the date of marriage to the date of separation is presumed to be community property. And it needs to be divided 50/50. Anything acquired before the date of marriage or after the date of separation is going to be presumed to be separate property, which doesn’t get divided, and you’re entitled to all of it. So if you started your business during the duration of the marriage, it’s going to be presumed to be a community asset and it needs to be divided 50/50. But how the heck do you divide a business if you don’t know its value?  Business Valuation That’s where a business valuation comes into play. It allows a court to determine a definitive value of this business in order to divide it 50/50 and more equitably. But what are some approaches? Well, there’s three different approaches when it comes to a business valuation. There’s a market approach which looks at similar businesses sold in the market and its value. There’s the income approach, which looks at the potential earnings of that business as well as the asset approach, which looks at the assets and liabilities that business has in order to determine its value. It’s very important that during this stage we get an expert, a business evaluator, expert to be able to look at the business to determine which approach is going to be best suited for your case, to minimize how much you might have to pay the other spouse or perhaps to maximize your profit when you’re looking at a business the that your spouse might have started. How to Divide the Business Some options in dividing the asset. However you’re looking at three main options. First option is to buy out the other spouse. If your business is valued, let’s say at $100,000, then you buy out the other spouse for half its value, $50,000. Another option is just to sell the business outright and split the proceeds equitably. The last option, which might not be my favorite option, but still a viable option is to conduct the business as a partnership, post-separation or post-divorce, where the two of you are still in this business together, sharing the profits accordingly. Protecting Your Business Before and After Divorce Now, one way of protecting, or I should say, multiple ways of protecting your business before and after divorce. Prenuptial Agreement Well, before divorce, you’re looking at a prenuptial agreement or a post nuptial agreement. I’ve got other videos where I dive deeper into the differences and what’s involved. But having that type of an agreement resolves this issue outright, and you don’t have to worry about trying to litigate it in court. It determines or sets forward the rules in place at the time of divorce how this business will be divided. Operating Agreement Another way of protecting your business, either before or after divorce, is having an operating agreement in place. Perhaps at the time that you establish this business, for if the two of you were to separate or for you to get divorced, what’s going to happen with the business? Who’s going to operate it? What would be the buyout, etc.? Keep Personal and Business Finances Separate The last way of protecting this business is ensuring that your personal finances are being separate from your business finances. The last thing you want to do is commingle the two because it gets convoluted and more complicated in order to be able to differentiate the two expenses or the two different financial documents. So keeping them separate is going to be key.  Questions About Dividing a Business in Divorce We talked about how California treats business assets and divorce. We talked about what a business valuation is and the different approaches taken, as well as options in dividing this asset. And lastly, protecting the business

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Blended Family Challenges: Handling Custody Disputes the Right Way

Blended families bring love, complexity—and sometimes legal challenges. If you’re involved in a custody dispute and either you or the other parent has remarried or is co-parenting in a blended household, the situation can quickly become more complicated. New parenting dynamics, step-siblings, and conflicting schedules can create tension and confusion over what’s truly in the best interest of the child. In this video, family law attorney Sina Mohajer explores how California family courts view blended family situations, what role stepparents legally play, and how you can navigate common pitfalls like conflicting parenting styles or loyalty struggles. At Mohajer Law Firm, we help parents in complex custody cases find clarity and resolution. Whether you’re trying to maintain stability for your children or facing disputes over parenting roles, this guide will walk you through practical strategies—from respectful communication to detailed parenting plans—and explain when it may be time to seek court intervention. If you’re facing challenges in a blended family custody dispute, Mohajer Law Firm is here to help. We specialize in family law and are dedicated to protecting your child’s well-being. Transcript: When you’re dealing with custody disputes, you’re already facing a set of challenges that you’ve got to figure out how to navigate and overcome. But what happens now if one side has a blended family? That provides a whole new set of unique challenges that you need to understand, and hopefully this video will provide you some guidance on how to overcome that.  For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in family law, criminal defense, personal injury, and estate planning. In these videos, I like to tackle complex issues and try to simplify it for our viewers in order to give you the know-how and knowledge to be able to navigate through your case a little bit more efficiently. So if you like the contents of this video and you like what you hear, hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted. So without further ado, I welcome you all to our new mini series called A Walk in the Park.  Child Custody Disputes and a Blended Family So, what are some unique challenges that you face in a blended family situation? Well, first of all, what is a blended family? A blended family normally consists of a step sibling, half siblings, a step parent and the like, or even potentially a co-parent, like a cohabitating situation. Unique Challenges And some unique challenges that it provides is, for example, different parenting styles. It could be a division of loyalty. Or, it could have any type of conflict with the parenting or visitation schedule that you currently have. Legal Considerations So what are some legal considerations that you should keep in mind? The utmost thing on the top of every list, regardless if you have a blended family or not, is what is in the best interests of these children.  That’s what the court reviews and that’s what you should be reviewing, is putting our differences aside and not worrying about the fact that whether you moved on or the other parent moved on, it’s what’s in the best interests of these kids. Role of the Step-Parent Also, what is the role of a stepparent, if you have one in your particular case? Now, I’ve had cases before where I’ve heard judges specifically state that a stepparent has a vital role in all of this, but it’s important that they don’t overstep their role. And one way of overstepping is, for example, deciding when and how to discipline the children, dictating when visitations occur, or getting involved with co-parenting decisions, with the biological parent, not their partner.  A step parent is important to be there as a support system to that parent to help facilitate, whether it’s transportation or just being there to help out with custody and visitation issues between the two of them. But it’s never a good idea for the step parent to get involved with the underlying issues between both parents. It’s important that they stay in their place and they understand their role. Siblings and Step-Siblings Also have siblings or step siblings. It is important, and the courts want to see this, that we’re nurturing the relationship and continuing that relationship, if there is one, between your children and the half siblings or step siblings. And it’s important not to sever that relationship unless it is not in their best interest to maintain that relationship.  Strategies to Manage Custody and Blended Families So, what is a strategy that we can kind of overcome these challenges? Communication One method, and I can’t emphasize this enough, is having an open line of communication. But not just an open line of communication, but in a respectful manner. Because you have to realize you’re co-parenting with your ex-partner. It’s important to keep the lines of communication open, honest, and respectful.  You’d be surprised of how much you can accomplish if the two of you can just openly discuss issues that are concerning to you and figure out ways to overcome those issues. Mediation Now, if communication doesn’t work, you always have the ability to go seek mediation. And in mediation, you’re going to have a third party neutral hearing both sides and help facilitate an agreement if one can be had. Parenting Plans If mediation doesn’t work, you can look at detailed parenting plans. Now a detailed parenting plan technically can come from mediation or even open lines of communication. But a detailed parenting plan is going to set the rules. The more detailed you can come in a parenting schedule, the less conflict potentially you’re going to face. Court Intervention But if all else fails, you always have the right to seek court intervention. And sometimes, unfortunately, that’s the only option left because it takes two to tango. When you go to court, the court’s going to look

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