TRIAL ATTORNEY
ELIZABETH GABA’S
PHILOSOPHY OF CRIMINAL LAW

When trial attorney Gaba interviews a prospective criminal client she begins by stressing from the very first meeting that even people who have in some manner broken the law, are none-the-less entitled to use the protection of ALL THEIR FEDERAL AND STATE RIGHTS.  This is true even where the right is found in the Bill of Rights, the official rulings from a United States Court of Appeals, the United States Supreme Court, or the words of the Federal Constitution itself.  If a protective right is in existence – it is available to be used to shelter an accused person.

An accused person has the absolute right to remain silent and not answer police questions if they do not wish to answer.  The have the right to demand that the person prosecuting the case against them – turn over to a defense attorney absolutely all discoverable evidence that will be presented against them at the time of trial.  They have the right to pursue meaningful information about police conduct or misconduct as it affects the tenor and presentation of a criminal case.  They have the right to be informed of evidence, which is favorable to the defendant and the defense attorney and is known to the prosecutor.  They have the right to demand a trial to a jury (where the penalty may involve jail/prison time.)  The entire list of all rights an accused person has is too long to list here in its entirety.

By demanding that the prosecutor’s office account for the actions of the police department and their assisting investigating agents and assistants, long before the day of trial, trial attorney Gaba makes going to trial a more defined and productive process.

Challenging (by the means of vigorous motion practice) all the pieces and parts that make up a criminal case before a trial…may be able to lead to a circumstance where a trial is no longer necessary.  It may force the dismissal of some or many criminal counts in a multiple count criminal complaint or criminal indictment.  It may lead to the offer of a plea to a lesser crime.  It may put the prosecutor’s office on notice that trial attorney Gaba intends to stand there toe-to-toe and slug it out legally on behalf of her client and not concede anything.

Trial attorney Gaba clearly tells each and every one of her criminal clients that “She does not win all her criminal cases.”  At the same time she tells her clients that she is not afraid of hard work, complicated cases, weeping victims, bellicose prosecutors, or out of county courtrooms.

When trial attorney Gaba walks into a criminal courtroom, she brings with her years of legal experience, legal research, factual research, poise, self confidence, presence of mind and a belief that she is there to attempt to win the case at hand no matter how twisted and convoluted the case may be.

When a criminal defendant walks into a courtroom for a trial with trial attorney Gaba, the defendant walks into the room with a partner who will strive endlessly until the case has reached its conclusion.