- Adoption
- Criminal DefenseAnnual Defender Dinner: April 28, 2023. Please join us for our annual dinner to bring together the entire San Diego criminal defense community. For more information, click here.
- Traffic Violations
- Sex CrimesIn 1994 the Board of Directors of the Defender Programs of San Diego bestowed on staff attorney, Carmela Simoncini, the annual E. Stanley Conant Award for her unselfish devotion and diligence in protecting the rights of the indigent accused. Presenting the award to Ms. Simoncini was her former client, Frederick R. Daye, who had served eight years of a lengthy term for rape when Ms. Simoncini took his case and, through DNA testing on evidence that had been about to be destroyed, was able to prove Mr. Daye’s innocence.
- Theft
- MisdemeanorsMHD (Mental Health Division (Pen. Code, §§ 1001.35 & 1001.36.) These sections provide for discretionary diversion of qualified defendants with mental disorders. The court is given authority to order diversion of defendants who have committed a misdemeanor or felony and who suffer from a diagnosed mental illness that “played a significant role in the commission of the charged offense.” (Pen. Code, § 1001.36, subd. (b)(2).) The court must determine whether the defendant meets certain statutory criteria and be satisfied the defendant will not pose an unreasonable risk of danger to public safety. If a defendant successfully completes a mental treatment program within two years, the criminal charges are dismissed. If a defendant in a diversion treatment program is charged with a new crime or performs unsatisfactorily in the program, the trial court must hold a hearing to determine whether the original criminal proceedings should be reinstated.
- Drug CrimesPotentially favorable changes in the law (PDF) on which attorneys must act if applicable to their case and beneficial to their client -- Blakely-Apprendi and sex offender registration for adults and juveniles, cruel and unusual punishment of juveniles, grand theft and marijuana possession, and pre-sentence credits.
- MurderPeople v. Gutierrez (2014) 58 Cal.4th 1354 - Penal Code section 190.5, subdivision (b), on the sentence for a special circumstance murder by a juvenile, does not create presumption of LWOP.
- Juvenile CrimesJuvenile law section of San Diego County Bar Association: The SDCBA has created a new practice section for attorneys interested in juvenile law.
- HomicideProtected persons include living victims of sex crimes, minors innocently involved in court proceedings, LPS conservatees, trial jurors and sworn alternate jurors, and some victims and witnesses in criminal matters. Homicide victims are not included, nor are adults bringing an action for wrongdoing committed during the plaintiff's minority, nor minors tried as an adult in criminal court.
- Business Disputes
- Intellectual Property
- Severance Agreement
- Real Estate LitigationBefore joining ADI as a staff attorney in 2007, Linda Fabian was an attorney on the appointed counsel panel and worked in that capacity with ADI for 19 years, handling juvenile dependency and mental health appeals. She obtained her undergraduate degree from UC Santa Barbara and her law degree from California Western School of Law, graduating Magna Cum Laude. Before joining the panel, she practiced in firms handling real estate litigation and family law matters. Her hobbies include traveling, cooking, gardening, and painting.
- Personal Injury
- Medical MalpracticeLaura Furness joined ADI in September 2005 after a brief time on the appointed counsel panel. A native of Los Angeles, she received her degree in journalism from Humboldt State University. After spending a few years reporting local news on the radio in Eureka, California, she relocated to San Diego. She graduated from University of San Diego School of Law with a J.D. and, a year later, with an LL.M. in International Law. After law school, she was a litigation defense attorney in general liability, business law, and medical malpractice. She also did a short stint as a plaintiff’s attorney in employment law. Away from ADI, she enjoys gardening, hiking, reading, and movies.
- Estate Planning
- Debt CollectionDin Villa joined ADI as a paralegal in 2000. He is a graduate of U.C. Berkeley and received a post-graduate paralegal certificate from UC San Diego. Before joining ADI, he worked as a paralegal intern with the San Diego District Attorney's Office in the "Lifer Hearing Unit" and as a paralegal for a debt collection firm.