FAQ

A reasonable belief, based on facts, that a crime occurred and the person/place is linked. Standard for warrants and many arrests.

Charges are read, rights advised, plea entered, and court sets future dates and bail/conditions. Inform the judge if you cannot afford counsel.

Yes—if indigent, the court generally appoints a public defender or panel counsel after a financial review.

Judges consider bail/release; counties publish bail schedules but judges may set different amounts. Local reforms affect release.

Discovery is evidence exchange. Prosecutors must disclose witness statements, exculpatory evidence, reports (Penal Code §1054.1).

Negotiated resolution—pleading guilty/no contest in exchange for dismissal of other counts or a reduced sentence. Always consult counsel.

Some offenses are wobblers. Judges may reduce under Penal Code §17(b), subject to eligibility.

Penal Code §1203.4 allows petitions to set aside convictions after probation. Some restrictions remain (firearms, immigration).

Examples: alibi, self-defense, lack of intent, mistaken identity, suppression, insanity, entrapment. Depends on facts.

Yes—motions to suppress can be filed if rights were violated (illegal search, coerced confession, etc.).

Impacts include employment, licensing, housing, immigration, firearm rights, and voting/jury rights (for some felonies).

Misdemeanors: weeks–months. Felonies: months–years depending on motions, discovery, trial scheduling.

Juvenile cases follow different rules (WIC). Seek juvenile defense counsel promptly.

Defense motion to request police officer personnel records under Pitchess procedures.

Yes, in public spaces, but don’t interfere. Wiretap laws may restrict private recordings.

Programs that suspend prosecution pending treatment or service. Completion may lead to dismissal.

A subpoena is binding. Contact counsel if you have privilege concerns or wish to challenge.

You have the right to remain silent and to counsel. Interrogation must stop once counsel is requested.

Document details, save communications, get witness names, take photos, notify your attorney promptly.

Appeals challenge legal errors in trial court. Strict deadlines apply; appellate attorneys handle them.

California Courts (courts.ca.gov), Penal Code, and local superior court websites provide resources.

A guardianship is a court process where a judge appoints an adult (the guardian) to care for a minor child (the ward) when the child’s parents are unable or unfit to provide proper care.

Guardianship may be necessary if parents have died, are incarcerated, incapacitated, struggling with addiction, absent, or if a child has inherited assets that need management.

Guardianship of the Person – guardian makes decisions about the child’s health, education, housing, and daily needs. • Guardianship of the Estate – guardian manages the child’s finances, property, or inheritance. • Both – a guardian may be appointed to handle both personal care and financial matters.

Any responsible adult may petition to be a guardian. Courts often prefer relatives such as grandparents, aunts, uncles, or siblings, but a non-relative can also be appointed if it is in the child’s best interest.

A petition must be filed with the probate court in the county where the child lives. The court investigates, notifies relatives, and holds a hearing to decide whether guardianship is necessary.

No. Guardianship does not permanently terminate parental rights. Parents may request visitation and petition to end the guardianship if they can resume care.

Guardianship usually lasts until the child turns 18, unless ended earlier by the court or circumstances change.

Guardians must act in the child’s best interest, providing food, shelter, education, and medical care, managing finances if applicable, and filing reports with the court as required.

Yes. Parents or relatives may contest a guardianship petition. The court’s primary focus is always the best interests of the child.

The process involves legal filings, court hearings, and potential disputes. An attorney can prepare petitions, represent you, advise on alternatives, and protect your rights while ensuring the child’s well-being.

Effective April 1, 2025, California raised several financial thresholds that determine when an estate can use simplified probate procedures.

The new limit is $208,850 (up from $184,500). Estates at or below this value may use a Small Estate Affidavit instead of full probate.

A primary residence worth $750,000 or less may qualify for a simplified Petition to Determine Succession to Real Property.

For other real property of small value, the new threshold is $69,625 (up from $61,500).

The updated limit is $107,900. This applies to certain cases where a court can set aside a small estate without full probate.

Yes. The new excluded amount is $20,875, up from about $18,450.

No. They apply only to estates where the decedent passed away on or after April 1, 2025. Earlier deaths follow older limits.

No. Some assets pass outside probate, such as trust assets, joint tenancy property, life insurance with beneficiaries, and POD/TOD accounts.

Sometimes. For example, simplified procedures for real property still require court filings and approval.

A probate attorney can confirm eligibility, prepare documents, meet deadlines, and advise on estate planning to avoid probate in the future.

Probate is the court-supervised legal process of administering a deceased person’s estate. It involves proving the validity of a will, identifying heirs, paying debts and taxes, and distributing remaining assets.

Not always. Probate is typically required if the estate’s value exceeds the small estate limit, if the decedent owned real property outside of a trust or joint tenancy, or if no estate planning tools were used. Certain assets—like trusts, joint accounts, and POD accounts—do not require probate.

On average, probate in California takes 9 to 18 months, depending on the estate’s size, complexity, and disputes.

Assets subject to probate include real estate owned solely by the decedent, bank accounts without beneficiaries, vehicles, investments, and personal property not held in trust or joint ownership. Assets with designated beneficiaries usually bypass probate.

If there is no will, the estate is distributed under California intestate succession laws, which prioritize spouses, children, and close relatives.

The executor (named in a will) or administrator (appointed if there is no will) files the probate petition, manages estate assets, notifies heirs and creditors, pays debts and taxes, and distributes assets according to law.

Probate costs include court filing fees, appraisal fees, publication fees, and attorney/executor fees. Attorney and executor compensation is set by statute and based on the estate’s value.

Yes. Common probate-avoidance tools include living trusts, joint tenancy, POD/TOD accounts, and transfer-on-death deeds.

Family disputes, creditor claims, difficulty locating assets, and court delays are common challenges.

A probate attorney helps navigate filings, avoid mistakes, resolve disputes, and ensure assets are distributed correctly.

A Special Needs Trust is a legal arrangement that holds assets for the benefit of a person with disabilities without jeopardizing their eligibility for government benefits such as SSI and Medi-Cal.

To ensure the person with disabilities retains eligibility for benefits, has supplemental funds for quality-of-life expenses, and receives long-term financial protection after caregivers are gone.

• First-Party SNT – funded with the beneficiary’s own assets; requires Medicaid payback when they pass away.
•  Third-Party SNT – funded by parents or relatives; no Medicaid payback; used in estate planning.
•  Pooled Trust – managed by a nonprofit; combines funds while keeping separate accounts.

Funds can be used for supplemental needs such as education, medical/dental care, hobbies, recreation, caregivers, personal items, electronics, or transportation. They cannot be given directly as cash to the beneficiary.

Trustees may include parents, relatives, professional fiduciaries, or nonprofits in pooled trusts. The trustee must manage funds carefully and follow rules to protect benefits.

It must comply with state and federal requirements. An attorney specializing in estate planning or disability law should draft the trust to ensure compliance.

No. When properly structured, the trust does not count as a resource, preserving the beneficiary’s benefits.

• First-Party SNT – remaining assets must reimburse Medi-Cal.
• Third-Party SNT – remaining assets are distributed per the trust creator’s wishes.
• Pooled Trust – may retain funds for the nonprofit or distribute as agreed.

No. An ABLE account has contribution limits and tax advantages, while an SNT can hold larger sums and cover more expenses. They can be used together.

An attorney ensures the trust meets legal requirements, protects benefits, defines trustee duties, and coordinates with the family’s estate plan.

A conservatorship is a court case where a judge appoints a responsible person (the conservator) to care for another adult (the conservatee) who cannot manage their personal care or finances due to physical or mental limitations.

Conservatorship of the Person – conservator makes decisions about health care, food, clothing, and living arrangements. • Conservatorship of the Estate – conservator manages finances, assets, income, and debts. • Limited Conservatorship – for adults with developmental disabilities; powers are limited. • LPS Conservatorship – for individuals with serious mental health conditions requiring special care.

Typically, a spouse, adult child, parent, sibling, or close relative. If no family is available or suitable, a professional conservator or public guardian may be appointed.

A petition must be filed in the probate court of the county where the proposed conservatee lives. The court schedules a hearing, notifies relatives, and may appoint an investigator to interview the proposed conservatee.

Depending on the type of conservatorship, duties may include providing food, shelter, and medical care, managing bank accounts and property, filing regular reports with the court, and making decisions in the conservatee’s best interest.

No. A conservator only has the powers granted by the court. In limited conservatorships, authority is restricted to specific areas such as education, medical decisions, or contracts.

It lasts until terminated by the court—often when the conservatee regains capacity, passes away, or when the court decides it is no longer necessary.

A power of attorney is created voluntarily by a competent adult. A conservatorship is court-imposed when a person can no longer make decisions and has not signed estate planning documents beforehand.

Yes. Conservators must file regular reports and accountings, and the court monitors their actions to ensure they act properly.

The process is paperwork-intensive and requires court hearings. An attorney can prepare filings, represent you in court, ensure compliance with reporting, and advise on alternatives like trusts or powers of attorney.

Felony: most serious crimes (punishable by state prison or death). Misdemeanor: less serious (county jail, probation, fines). Infraction: minor violations (fines only). See Penal Code §17.

Stay calm. Say: “I choose to remain silent” and “I want a lawyer.” Do not resist arrest and avoid answering questions without counsel.

Miranda is required before custodial interrogation. Failure to provide it may result in suppression of statements.

In California, a divorce cannot be finalized sooner than six months after the divorce petition is filed and served on the non-filing spouse. During that time, you and your spouse can be working out the details of your divorce settlement with your attorneys, so that you have an agreement ready when you reach the six-month mark. Of course, many divorces take longer than six months to resolve, but six months is the minimum length of a divorce process.

Yes. You or your spouse must have lived in California for six months or more before a divorce petition is filed, and you must have lived in the county in which you are filing for a divorce for at least three months before filing.

A dissolution of marriage is the same thing as a divorce. "Dissolution of marriage" is the term used in California law.

A summary dissolution of marriage is a streamlined divorce process available to people who meet certain criteria. Summary dissolution is available for couples who meet the residency requirements for a California divorce, have been married five years or less, and have no minor children together and are not pregnant. In order to be eligible for summary dissolution, neither party can own any real estate or have more than $6000 in debt. The parties cannot have more than $38,000 in community property and neither can have more than $38,000 in separate property.

If you and your spouse want a summary dissolution, you must both waive your rights to spousal support (alimony) and sign a property settlement agreement that divides up any community property you do have. You must also agree to give up your right to appeal once the court grants your dissolution. Although the process of summary dissolution is simpler than a regular dissolution, it still takes at least six months.

A divorce is officially commenced by the filing of a divorce petition and summons in court for the California county in which you live. The petition and summons must then be served on your spouse, who will have 30 days to answer it. You will need to file a proof of service with the court. You may also need to file other documents if you have minor children, including the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, the Child Custody and Visitation Application Attachment, and the Property Declaration.

The "date of separation" is the date the marriage is considered to be over for purposes of such things as property division. Property acquired before the date of separation is considered community property, and property acquired after the DOS is the separate property of the spouse who acquired it. Spouses often agree on their date of separation. If they cannot agree, a court will look at expressions of subjective intent by one spouse that they intend the marriage to be over, as well as demonstrations of objective intent, such as moving out of the house or some other action that shows the marriage is over.

California law prefers that both parents be involved in their children's lives, so joint custody is favored whenever possible. It is preferred that parents reach a custody agreement that works for their family rather than having the court make a decision. However, if parents cannot agree, the court will determine custody based on the best interests of the children. A court must consider several factors, including:

• The child's reasonable preference, if old enough to express a preference
• The parents' physical and mental health
• The age and sex of the child
• The child's relationship with other members of the household
• Other children whose custody arrangement is relevant to this determination
• The child's adjustment to school and the community
• Religious and cultural considerations
• The need for the child to continue in a stable home environment
• Any domestic violence the child has witnessed or experienced in the home
• Evidence of drug or alcohol abuse, child abuse, or sexual abuse by either parent
• Evidence of excessive discipline or emotional abuse by either parent
• Any special needs of a child and how each parent addresses those needs
• The opportunity for interaction with either parent's extended family

Custody is not automatically granted to either parent for any reason; the court must consider the best interests factors as they apply in the case.

The California Family Code sets forth a Statewide Uniform Guideline for Child Support. This Guideline is applied in divorces and parentage cases involving a minor child or a dependent adult child. California courts in each county use software that calculates support based on the criteria set forth in the Guideline. Relevant criteria include the amount of time a child spends with each parent and each parent's income. A child support amount may deviate from the Guideline calculations only if there is a good reason for doing so, such as one parent with such a large amount of income that it would result in an unreasonable amount of child support.