
Attorney Gaba believes that with enough research, analysis, energy, and review of the fact patterns, a small minor fact may be found, and an overlooked detail may be discovered. Such seemingly small facts and tiny details may lead to a sufficient inference of reasonable doubt. Attorney Gaba believes that if the concept of "not guility" by reason of the existence of legal reasonable doubt cannot be conveyed to every member of a jury, it ought to be successfully delivered to at least one member of a jury who will believe in it and cling to it.
Through practical experience, Trial Attorney Gaba has determined that there are three broad categories by which an accused defendant may have a successful outcome for his case.
Unexpected events, which affect a prosecutor's side of a criminal case, are never controlled by the defendant or his attorney but may occur. A few examples of unforeseen events that benefit the defendant are listed below:
There are many more examples than can be listed here.
There is a common theme to all the examples listed above. None of the events are under the control of the defense attorney or her client. All are generally unpredictable and unforeseeable even to a prosecutor. What the prosecutor sees as an open-and-shut-case can actually blow up and fall apart. The fact that such detrimental events can take place, which befall the prosector's case, actually substantiates Attorney Gaba's philosophical point of view (that is, no case should be considered hopeless). No self-respecting, hard-working defense attorney will ever say, "I know this new case I am taking looks desperately weak, but I know that good fortune will come along and help me at the last minute." But on the other hand, a hard-working attorney who relies exclusively on a multitude of pre-trial motions, the rules of evidence, endless trial preparation, professionalism, Goldstein and his precepts of cross-examination, strict application of the rules of ethics, and self reliance would similarly not say, "I am fully prepared for a jury trial, therefore, I will reject and refuse good fortune if it chooses to seek me out and bite me on the ankles." Hard work is always to be relied upon. Fortuitousness only arrives when one doesn't need it. NO CASE SHOULD BE CONSIDERED HOPELESS.
Elizabeth Gaba - Attorney 1231 East Broad St. Columbus, OH 43205
Phone: (614) 586-1586
Fax:
(614) 253-3933