CRIMINAL DEFENSE

Criminal Defense Attorney:
David R. Morabito, Esq.

 

If you or a member of your family has been charged with a crime, the sooner you take action to protect your own rights by hiring a lawyer, the better your chances will be to minimize the potential consequences of a conviction and permanent criminal record.

David R. Morabito, Esq. is a criminal defense attorney who understands the serious consequences that are at stake in your criminal case and can provide the most competent and effective defense you will need to challenge the prosecution’s case.

You cannot talk to a lawyer soon enough. We will begin an immediate investigation and collect evidence to support your defense, including contacting witnesses and getting statements from other parties.

David R. Morabito, Esq. will provide effective criminal defense representation on behalf of clients charged with all criminal matters in Federal and State Courts, as well as State and Federal criminal appeals and post-conviction relief applications.

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Federal Crimes Lawyer

Having an attorney who is experienced in the Federal system is invaluable in defending and minimizing the potential serious consequences involving a Federal prosecution. David R. Morabito, Esq. can assist you in all Federal criminal prosecutions.

CHARGED WITH A FEDERAL CRIME

Being indicted for or charged with a federal crime is usually just the beginning. In most Federal cases, a lengthy and detailed investigation already has been completed long before the criminal proceedings begin with an arrest or indictment.

Whether you have been charged with a federal crime, or you have been notified that a federal prosecutor, law enforcement agency or other government authority has targeted you and would like to speak with you — it is important that you speak to an experienced federal criminal defense attorney as soon as possible.

FEDERAL CRIME CONSEQUENCES

A conviction of any type of federal criminal charge can have a wide range of severe consequences, including lengthy prison terms, excessive fines, and asset forfeiture. David R. Morabito, Esq. understands what is at stake for you and will fight to protect your interests by challenging the government’s case at every opportunity. He will work to resolve your case professionally and discreetly to your ultimate benefit through the negotiation of favorable plea agreements or at trial.

AN EXPERIENCED FEDERAL CRIMES DEFENSE ATTORNEY

David R. Morabito, Esq. has over 30 years of federal criminal defense experience that enables you to benefit from his knowledge, skills and resources. He is a dedicated professional who has proven his ability to defend and try Federal cases successfully in trial.  His experience defending clients charged with specific federal crimes includes but not limited to:

  • Federal drug crimes

  • Possession or distribution of Internet child pornography

  • Fraud (white collar crime)

  • Embezzlement

  • Money laundering

  • Bank and mortgage fraud

  • Federal gun crimes – Project Exile

  • Conspiracy, RICO and Continuing Criminal Enterprises

DWI and DWAI Defense Attorney

All judges and prosecutors throughout New York State take all alcohol related offenses very seriously. The consequences are severe whether you are a first time offender or one who has been charged with multiple alcohol related offenses. David R. Morabito, Esq. has an exceptional amount of experience for the past 30 years representing countless defendants charged with all DWI and alcohol related crimes. When it comes to trusting someone to protect your rights and force the State to meet its burden of proof, do not settle for less than the experience and proven results David R. Morabito, Esq. has to offer.

David R. Morabito, Esq.  has over 35 years of effectively defending and challenging DWI and DWAI related crimes throughout New York State whether as misdemeanors or felonies.  He will be ready to competently defend your rights at all stages of DWI or DWAI charges.

DWAI (DRIVING WHILE ABILITY IMPAIRED) OVERVIEW

Even though DWAI (driving while ability impaired) is technically considered a traffic offense and not a “crime” in the way that DWI is — the potential consequences — jail, fines, the loss of your drivers’ license and loss of insurance — are similar enough that you need experienced legal help.

David R. Morabito, Esq. has the skills, courtroom experience, and dedication you will need and deserve to have on your side.

THE TOP DWAI DEFENSE ATTORNEY

David R. Morabito, Esq. has obtained positive results for clients charged with each of the following:

  • DWAI — DWAI is charged when a blood or breathalyzer test indicates that a driver’s blood-alcohol content (BAC) was between .06 and .08 percent.

  • DWAI Drugs — If your ability to drive is impaired by use of illegal drugs — you can be charged and convicted for DWAI.

David R. Morabito, Esq. knows how to effectively challenge blood tests and breathalyzer tests. He has also helped many hundreds of clients originally charged with DWI and DWI felonies to avoid more serious consequences by getting their offenses reduced to the DWAI level at trial or through negotiations.

DWI SUSPENDED LICENSE

A DWI arrest or conviction in New York State does not necessarily mean that you will lose your drivers’ license. What it does mean is that you need a lawyer. Better still, hire a lawyer who not only understands this complex area of DWI law, but one with a proven record of success in helping clients to avoid and minimize the consequences of a DWI arrest.

CONSEQUENCES OF DWI (DRIVING WHILE INTOXICATED) CONVICTION

A DWI charge can be a life-altering experience without the support of an experienced DWI lawyer. If you have been charged, you need an aggressive and effective DWI defense attorney. David R. Morabito, Esq. has handled many hundreds of DWI cases and has the skills, courtroom experience, and dedication to get you results in your DWI defense.

Protect your rights. David R. Morabito, Esq. will fight to keep you out of jail, protect your driving privileges, and minimize your fines.

Being arrested for drunk-driving charges can mean having bail set on you and incarcerated, losing your license, and facing excessive fines. If you are arrested, you want to be sure that your defense attorney has the experience and knows the legal strategies that lead to positive results for DWI defendants.

New York laws have increased penalties for DWI defendants:

  • DWI in NY is a blood alcohol content of .08 BAC

  • If you blow over .18 BAC, you can be charged with aggravated DWI.

  • If you refuse to take a breathalyzer or chemical test your license will be suspended automatically pending an administrative hearing.

  • You can be sentenced for up to 1 year in jail.

  • If you get a second DWI within 10 years, the second is considered a FELONY with a potential prison sentence

AN EXPERIENCED DWI DEFENSE ATTORNEY

David R. Morabito, Esq. has more than 30 years of trial experience representing many hundreds of DWI and DWAI related cases. He has extensive experience with all the following:

  • DWI

  • Driving while impaired by drugs

  • Blood alcohol tests

  • Field sobriety tests

  • Driving without a license

  • DMV Administrative hearings

  • Driving on suspended license

  • Conditional licenses

If you have been charged with a DWI, do not settle for a lawyer without the experience, skills, and dedication for a successful DWI defense. David R. Morabito, Esq. routinely takes DWI cases to trial and knows how to challenge the Prosecution in DWI cases.

David R. Morabito, Esq. will thoroughly investigate your charges, collect relevant evidence, challenge erroneous blood tests, and ensure that law enforcement had a lawful right and probable cause to pull you over. He will prepare a compelling and effective case to protect your rights.

AGGRAVATED DWI IN NEW YORK STATE

There are two situations in which prosecutors may charge you with an aggravated DWI under New York law. The first is when your blood-alcohol content (BAC) level is at .18 percent or greater. This is more than twice the legal limit of .08 BAC for a regular DWI. The second type of aggravated DWI charge is more serious and may be charged against anyone who drives with a BAC of .08 or greater and has a child under the age of sixteen in the car. This is a felony and punishable with a maximum sentence of prison.

Whatever your situation, you can trust that David R. Morabito, Esq. will thoroughly prepare a compelling and effective defense to protect your rights. This begins with investigating whether the officers had a lawful right and probable cause to pull you over to attacking the evidence the prosecution plans to use against you. It also includes seeking additional relevant evidence, challenging erroneous blood tests results, getting evidence suppressed and preserving issues for appeal, should there be an adverse result.

FELONY DWI LAWYER IN ROCHESTER NY

Felony DWI penalties are more severe than misdemeanor DWI penalties. The fines are greater. The jail sentences, license suspensions and probation periods are all longer if convicted. David R. Morabito, Esq. understands what is at stake in felony DWI cases and knows from extensive experience that positive results require an aggressive defense throughout every aspect of the case.

In New York, felony DWI charges apply to anyone who has already been convicted of a DWI in the last 10 years. If you have one previous conviction, the charge will be a Class E felony punishable by up to four years in prison. If you have been convicted of DWI more than once in the last 10 years (making this a third offense or greater), you can be charged with a Class D felony punishable by up to 7 years in prison.

David R. Morabito Esq. has been able to get charges acquitted or reduced by effectively raising issues regarding probable cause for the stop, lawfulness of the arrest, suppression of evidence, and a host of other legal arguments. In other cases, he has been able to successfully challenge blood-alcohol test results through forensic analysis or proper cross examination of expert testimony. In situations where the prosecutor’s evidence has been overwhelming, David R. Morabito, Esq. has been successful in many cases to secure a more favorable resolution or sentencing for his clients.

CHARGED WITH CDL (COMMERCIAL DRIVER’S LICENSE) DWI IN NEW YORK STATE

New York’s drunk driving laws are so strict that a licensed commercial driver who is convicted of even a DWAI (traffic offense) can lose their CDL license. David R. Morabito, Esq. has successfully defended truck drivers for the past 30 years. He also understands how even a minor traffic offense can jeopardize a commercial driver’s ability to earn a living.

For these reasons and more, David R. Morabito, Esq. aggressively ensures that his clients’ rights and interests are fully protected. He is known for providing zealous advocacy on behalf of clients, for his willingness to take DWI cases to trial and for his proven ability to win at trial. In all cases, you will have the confidence that comes with knowing that everything that can be done in your defense is being done on your behalf.

BREATHALYZER TEST CHALLENGE

Though law enforcement and prosecutors disagree, David R. Morabito, Esq. has always had the opinion that measuring blood-alcohol content (BAC) with a breathalyzer test does not provide a direct and accurate measure of what a person’s BAC percentage actually was at the time of arrest. However, this flawed “science” is nonetheless used to convict defendants of DWI.

David R. Morabito, Esq. will fight to protect the rights of individuals who have been charged with DWI. One of the important ways is to challenge the validity of breathalyzer test results. He has the experience, skill and knowledge to successfully defeat the prosecutor’s case and minimize the consequences of your arrest. Although breathalyzer test results are considered “scientifically” acceptable evidence in a DWI case, they are not infallible and can be challenged. In many cases, David R. Morabito, Esq. has been able to establish that machines were not in proper working order, that they had not been calibrated correctly, or the documents used were improper to successfully challenge breath test results of clients.

Do not give up. Failing a breath test does not necessarily prove your BAC was over the legal limit. With David R. Morabito, Esq. on your side, positive case results are never out of the question.

Drugs & Narcotics Offenses Defense Attorney

Drug charges in New York can carry serious, even life-altering penalties. You may face excessive fines or an extended jail sentence. Regardless of the severity of your charge, you need a forceful and effective criminal defense attorney. David R. Morabito, Esq. is highly experienced in representing clients charged with minor to very serious drug charges. 

A drug charge usually involves a “stop” either of your person or your vehicle, or an “entry” into your home. The stop or entry serves as the gateway for law enforcement to collect the evidence that they need to convict you of possession or sale of a drug crime. In the event that an officer has not legally conducted a stop, search, or seizure, you may be entitled to evidence suppression or the complete dismissal of your case. David R. Morabito, Esq. will thoroughly investigate the legality of your stop, search, and seizure to determine if the law enforcement officers complied with proper legal procedures.

David R. Morabito, Esq. has had many hundreds of drug cases in state and federal court for the past 35 years and is experienced with all of the following drug charge matters:

  • Possession

  • Sale of a controlled substance

  • Marijuana Possession/Intent to Sell/Drug

  • Cocaine Trafficking/Federal Drug charges

  • LSD

  • Methamphetamines

  • Crack

  • Ecstasy

  • Mushrooms

  • Crank

  • And a host of all other narcotics

David R. Morabito, Esq. has been defending clients who have been accused of possessing or selling individually or through conspiracies with hundreds of kilos of cocaine and other mood altering drugs, to marijuana cases involving thousands of pounds, and even pre-cursor drugs involving thousands of pounds.  During the past 30 years, David R. Morabito, Esq. has defended clients in many of the largest drug conspiracies in Western New York in both state and federal courts. He has extensive experience in wiretap cases, confidential informant cases and protecting your constitutional rights.

DRUG POSSESSION CHARGES

It doesn’t matter whether you have been charged with felony drug possession or misdemeanor drug possession. It doesn’t matter whether it was crack cocaine, methamphetamine, marijuana, un-prescribed prescription pharmaceutical drug, or even prescription drugs illegally possessed. A drug related criminal conviction means very serious, life changing consequences.

David R. Morabito, Esq. understands what is at stake and can provide you with the experience, courtroom skills and determination it will take to achieve a positive result. The realities that come with being convicted of a drug crime are very serious even when the conviction is for misdemeanor possession. David R. Morabito, Esq. will be able to help you avoid or minimize the potential consequences of:

  • Jail or prison time

  • Court fines

  • Property forfeitures

  • Drivers’ license suspensions

  • Substance abuse treatment or monitoring

  • Probation terms

  • Ineligibility for the federal student loan program

In any drug possession case, David R. Morabito, Esq.’s first goal is to get the charges dropped or dismissed. With that in mind, he thoroughly investigates whether the law enforcement officers complied with proper legal procedures for stopping, searching and seizing evidence to use against his clients. When avoiding a conviction is not realistic, David R. Morabito, Esq.’s reputation for relentless advocacy and his proven success in the courtroom have helped him negotiate reduced charges and more lenient sentencing terms in many cases.

Whether you have been charged for possession with intent to sell or some other type of serious drug offense in state or federal court, you must take aggressive action to protect your own rights. Start your defense by contacting David R. Morabito, Esq.

CHARGED WITH INTENT TO SELL DRUGS

Possession with intent to sell or distribute a controlled substance is a very serious criminal charge. If convicted, you can be looking at mandatory prison sentences.

David R. Morabito, Esq. aggressively defends and fights to protect individuals facing felony drug charges in the state and federal court. He has over three decades of legal experience to offer you positive results in both state and federal drug cases.

Possession with intent to sell or distribute charges sometimes are filed against individuals who have a small amount of drugs, primarily for personal use and where there is no independent evidence of intent to sell. However, these drug charges are very serious and an individual may face many years of prison.

David R. Morabito, Esq. will begin an immediate investigation to determine whether evidence was obtained through an illegal search and seizure, and whether the prosecutor actually has enough evidence to sustain a charge of possession with intent to sell. In some cases, these charges are based on very little circumstantial evidence. In many previous cases, David R. Morabito, Esq. has successfully argued these points to get the charges against his clients reduced, dismissed entirely or receive a favorable resolution.

Whatever the facts and circumstances of your case, you can trust that David R. Morabito, Esq. will explore every possible avenue of defense on your behalf. If you have been charged with selling an illegal drug or controlled substance, do not hesitate to contact David R. Morabito, Esq.

DRUG TRAFFICKING CHARGES

A conviction for the sale, distribution or trafficking of a controlled substance will generally result in a prison sentence. With a drug trafficking conviction, you may even have your bank accounts, vehicles, home and other valuable assets taken away by the police. For all these reasons and more, protecting your freedom and future means finding the best possible legal representation you can afford.

David R. Morabito, Esq. offers over three decades of successful experience in defending clients facing drug trafficking and drug possession with intent to sell charges. He has handled many hundreds of felony drug cases in both state and federal courts and has litigated all types of drug crime cases in court.

Since the consequences of a conviction for drug trafficking or distribution are so severe, David R. Morabito, Esq. believes that an aggressive criminal defense strategy is called for from the first day of representation.

This strategy begins with conducting a thorough, independent investigation of the facts and circumstances surrounding your arrest. David R. Morabito, Esq. looks for a lack of probable cause, search and seizure violations, or problems with confidential informants. In short, he looks for any and every factual issue that could possibly provide you with an effective way to defend your rights and obtain a positive result.

In cases in which avoiding a conviction is not a realistic option, David R. Morabito, Esq.’s reputation for relentless advocacy and his proven success in the courtroom has helped negotiate reduced charges and more lenient sentencing terms on behalf of many of his clients.

FEDERAL DRUG CHARGES

If you are accused of a federal drug offense, you will be facing very serious criminal consequences if convicted, including a significant jail sentence. You need an experienced attorney who is prepared to defend you against federal prosecutions and fight for your freedom.

David R. Morabito, Esq. is experienced at defending clients against federal drug charges since 1985. If you have been arrested or are under investigation, he will move quickly to investigate the facts and circumstances of your case and protect your rights.

While many criminal defense attorneys defend clients against state charges, very few lawyers are qualified or prepared to handle federal charges. David R. Morabito, Esq. has over 25 years of experience defending clients against drug charges in federal courts. David R. Morabito, Esq. defends clients against charges such as the following:

  • Drug trafficking: Drug distribution is considered a federal offense if you are accused of participating in the interstate drug trade. You could face this charge based on allegations of transporting drugs across state lines or possessing large amounts of drugs.

  • Cultivation and manufacturing: These charges can be brought in federal or state court. Federal prosecutors are most likely to pursue cultivation and manufacturing charges against defendants who they believe are involved in extensive illegal activity.

  • Conspiracy and racketeering: Under federal conspiracy law and the Racketeer Influenced and Corrupt Organizations (RICO) Act, you can be charged with a federal drug crime solely for allegedly participating in a drug scheme or organization.

White Collar Crimes Attorney

White collar crimes usually include those crimes that can happen in the context of employment, a business venture, or in dealing with large sums of money in a transactional context. Examples of white collar crimes include fraud, embezzlement, or crimes of public employees or officials. If you have been accused of a white collar crime, you may face jail, loss of reputation, and loss of future employment.

David R. Morabito, Esq. is experienced in handling simple to complex white collar criminal defense cases. His clients have ranged from individuals caught stealing from an employer to public employees or officials accused of theft or misdeeds.

WHITE COLLAR CRIMES OVERVIEW

Regardless of your charge, you want to be sure that your case is handled quickly and discretely. Please contact David R. Morabito, Esq. if you need defense for any of the following:

  • Larceny

  • Fraud

  • Embezzlement

  • Welfare fraud

  • Tax fraud

  • Public employee or official theft and crimes

THE TOP WHITE COLLAR CRIMES ATTORNEY

David R. Morabito’s goal is to keep you out of jail or minimize the charges and fines against you, and help protect your life and your family. If you have been charged with a white collar crime, he will take action to ensure that your rights are protected at every stage. David R. Morabito Esq. will commence a thorough investigation of your case to preserve evidence in your defense, contact witnesses, and prepare the best possible defense on your behalf.

White collar crimes can carry potential severe penalties of an extended jail sentence or excessive fines. Contact David R. Morabito, Esq. for a free consultation.

Sex Crimes & Sexual Offenses Defense Attorney

The penalties are extreme, severe and the consequences are permanent for any defendant convicted of a sex related crime. With sex offenders using the Internet, prosecutors are very aggressive in their attempts to convict a defendant for a sex offense. In addition to the stigma often attached to sex offenses, these crimes take place in discrete or private settings, making individuals vulnerable to false accusations. Unfortunately, it can be difficult to disprove a false accusation without the advocacy of an experienced criminal defense attorney.

SEX CRIMES CONVICTION OUTLOOK

The growing trend towards harsh and long-lasting punishments for sex offenders makes an aggressive sex crimes defense lawyer mandatory for anyone facing sex crimes charges.

The future for a convicted sex offender is bleak.  Convicted defendants can face civil confinements after they are released from prison. This means confinement for an indefinite period without release. You need an effective defense attorney to protect your rights. David R. Morabito, Esq. will provide you with the advocacy, skills, and experience you need to get optimal results in your case.

AN EXPERIENCED SEX CRIMES DEFENSE ATTORNEY

He can assist you with any of the following charges:

  • Sexual assault

  • Forcible rape

  • Child sex abuse

  • Pornography

  • Sexual misconduct: rape, molestation

  • Internet crimes offenses

  • Sexual abuse

  • Criminal sexual acts

David R. Morabito, Esq. has successfully defended and represented many hundreds of clients for sex related cases. He will begin an immediate investigation in your case to support your defense to competently defend you or a loved one.

Domestic Violence Defense Attorney

In an effort to better deal with the problem of domestic violence, most New York counties have recognized and dedicated resources for domestic violence crimes and have established integrated domestic violence courts (IDV). In general, this has led to more aggressive prosecution and more serious consequences for defendants. In fact, even a simple harassment charge could be transferred and handled by a special prosecutor in the IDV court.

David R. Morabito, Esq. has had extensive experience and success with defending individuals in IDV courts and in general criminal courts.

CHARGED WITH DOMESTIC VIOLENCE

Being convicted of a domestic violence crime can put you in jail, cost you your right to own or possess a firearm, lead to the loss of your professional license or custody/visitation of your children. Do what you can to minimize the damage and contact David R. Morabito, Esq., an experienced criminal attorney. Call David R. Morabito, Esq.

Have you been falsely accused of domestic violence? Sadly, making a false accusation of domestic abuse is a way to gain the upper hand in a custody/visitation or a matrimonial action. In this situation, the most important thing to understand is that you need to talk to an attorney about your defense as soon as possible.

THE BEST DOMESTIC VIOLENCE DEFENSE ATTORNEY

His experience has established a successful track record of results in defending clients charged with various domestic violence offenses, including:

  • Stalking or harassment

  • Assault

  • Domestic battery

  • Spousal abuse

  • Violating a restraining order

  • Child abuse or endangerment

  • Menacing

  • Sexual assault

David R. Morabito, Esq. understands the importance of what is at stake and can put three decades of criminal defense experience and success on your side. He will thoroughly investigate the allegations being made against you and will prepare a defense specifically designed to rebut the testimony of your accuser.

Assault Charges Defense Attorney

Any time a physical or serious injury is caused to another person there can be assault charges brought against the party that caused the injury or was the instigator. If you have been charged with assault, you need an attorney who will protect your rights. David R. Morabito, Esq. is highly experienced in providing effective criminal defense to his clients charged with the crimes of assault.  He has defended many hundreds of defendants for very violent felonies, felonies, misdemeanors, as well as simple harassment.

ASSAULT CHARGES OVERVIEW

David R. Morabito, Esq. is experienced with a host of assault issues and self-defense.  He will work to ensure that your rights are protected at every stage of the criminal proceeding. Penalties for an assault can range from a potential prison sentence to fines. Your charges can range from a misdemeanor to a homicide charge. You can also face personal injury lawsuits against you. If you have been charged, you need effective criminal defense to ensure that your rights are protected. David R. Morabito, Esq. can assist you if charged with the following:

  • Domestic assault

  • Bar fights

  • Fights between minors

  • Assault with a weapon

  • Violent felonies

  • Self-defense

A TOP DEFENSE ATTORNEY FOR YOUR ASSUALT CASE

If you have been charged with domestic assault, it is critical that you retain the services of an attorney as soon as possible. David R. Morabito Esq. will thoroughly investigate the charges against you. If you were falsely accused of domestic assault, he will prepare a defense to rebut the testimony of the victim/witness. Do not wait to contact David R. Morabito, Esq. Your case may affect your rights to enter your own home and even custody of your children. If you have an order of protection against you, he will work with you to successfully defend all charges brought against you.

Vehicular Assault and Manslaughter Defense Attorney

New York State’s criminal laws are extremely tough with regard to drunk driving related motor vehicle accidents. David R. Morabito, Esq. has and will fight to protect the rights and freedom of individuals who have been arrested and charged with serious felony traffic related crimes.  He has three decades of experience and can provide you with the high quality, effective criminal defense representation you need.

MANSLAUGHTER & VEHICULAR ASSAULT OVERVIEW

Vehicular assault and vehicular manslaughter traffic crimes can range in seriousness from a Class E felony (punishable by up to 4 years in jail) to a Class B felony (punishable by up to 25 years in jail and lifetime probation).

YOUR DEFENSE ATTORNEY FOR MANSLAUGHTER OR VEHICULAR ASSAULT

David R. Morabito, Esq. has the experience and knowledge to defend someone charged with these types of crimes. He will begin an immediate investigation into the accident and collect evidence to support your defense, which may include working with experts and specialists to challenge the prosecution’s allegations.

 

Violent Offenses Defense Lawyer

If you or a member of your family has been charged with committing a violent crime — it is imperative that you act immediately in obtaining the services of a criminal defense attorney who has very extensive experience of over 30 years defending clients charged with the most violent felonies and crimes in the State of New York. David R. Morabito, Esq. has represented many hundreds of defendants charged with violent felonies.

VIOLENT OFFENSES LEGAL SERVICES

David R. Morabito, Esq. has defended clients facing serious felony charges throughout New York, offering extensive experience for a wide range of violent crimes, including:

  • 1st and 2nd degree assault

  • Robbery (with or without a weapon)

  • Burglary of a home or commercial building

  • Arson

  • Murder (homicide)

  • Vehicular crimes (including vehicular assault, manslaughter and carjacking)

  • Domestic violence-related crimes

  • Sexual assault (rape)

  • Home invasions

  • Gun charges

  • Kidnapping

YOUR TOP LEGAL REPRESENTATIVE FOR ANY VIOLENT OFFENSE

A conviction for any type of violent crime can have very severe consequences. In fact, many of the charges that fall under the general category of “violent crime” carry mandatory minimum prison sentences.

David R. Morabito, Esq. understands what is at stake for you and will fight to protect your interests by challenging the government’s case at every opportunity. He will work hard to put your case in the best posture to get the best results under the circumstances of your case.

Everyone has a constitutional right to remain silent. Do not give up that right and talk to the police or prosecutors until you have had the chance to speak with legal counsel. To make certain your rights are fully protected — call or contact David R. Morabito, Esq.

 

Weapons Charges Defense Attorney

New York has enacted some of the toughest gun laws in the United States. If you have been charged with a weapons offense, you could be facing very serious criminal consequences with very serious prison sentences. It is illegal to be in possession of an unlicensed firearm whether loaded or not.

AN EXPERIENCED ATTORNEY DEFENDING YOU AGAINST ANY WEAPONS CHARGES

In New York, there is a rebuttable presumption that all occupants of a vehicle or residence, dwelling, room or structure illegally possess the weapon or contraband. This is a very serious legal presumption that must be rebutted in order to avoid a conviction for a serious violent felony. Unfortunately, there are many convicted felons in New York prisons who were at the wrong place at the wrong time and were not able to overcome this rebuttable presumption. 

David R. Morabito, Esq. has represented defendants in many hundreds of felony gun cases during the past 30 years. It is imperative that you hire an attorney with the extensive experience to be able to fight these very serious cases that are routinely brought against defendants.  David R. Morabito, Esq. has the experience to defend his clients in all State Courts and to attack illegal searches and seizures as well as to rebut the serious presumption.

A CRIMINAL DEFENSE ATTORNEY THAT GETS RESULTS IN WEAPONS CHARGE CASES

David R. Morabito, Esq. has extensive experience of many hundreds of weapons cases. He is dedicated in protecting the rights of those who have been charged with unlicensed firearm possession, carrying a concealed weapon, or other weapons offenses.

If you have been charged with unlicensed possession and especially a loaded firearm possession, you are facing mandatory minimum prison sentences if convicted.

Arson Defense Attorney & Property Damage Lawyer

If you have been accused of damaging someone else’s property or violating their property rights, you could be facing serious criminal consequences, including jail time, fines, restitution and probation. You could also be left with a criminal record for the rest of your life.

IMPLICATIONS OF BEING CHARGED WITH ARSON OR PROPERTY DAMAGE

Among the most common charges are the following:

  • Criminal mischief: In New York, serious vandalism and other types of property damage are typically charged as criminal mischief. If you are accused of doing more than $250 worth of damage, you could be facing more than a year in jail for felony criminal mischief.

  • Criminal tampering: If you are accused of violating someone else’s property rights without causing any actual damage, you could be charged with criminal tampering. While this is generally a less serious charge, it can still carry harsh consequences in some cases.

  • Arson: If you have been accused of setting fire to someone else’s property, you could be charged with arson. Intentional arson is a very serious criminal charge that carries substantial prison time if you are convicted.

YOUR DEFENSE ATTORNEY FOR ARSON OR PROPERTY DAMAGE

You need to talk to an experienced attorney as soon as possible. David R. Morabito, Esq. has helped many hundreds of clients fight criminal mischief, criminal tampering, arson and related charges.

The New York Penal Law defines a number of different property crimes, including both misdemeanors and felonies.

Larceny Defense Lawyer

Although a conviction on almost any type of theft or larceny charge could mean a significant jail sentence, court fines and probation — the harshest consequence of being convicted for a theft crime is often experienced when seeking new employment. Simply put, most employers are not willing to take a chance on someone with a theft or larceny conviction on their criminal record.

CHARGED WITH LARCENY

David R. Morabito, Esq. has defended many hundreds of individuals facing misdemeanors to serious felony charges throughout New York, offering extensive experience with a wide range of crimes, including:

  • Petit larceny
  • Grand larceny (theft equaling $1,000 or more)
  • Shoplifting
  • Employee theft (embezzlement)
  • Auto theft (grand theft auto)
  • Theft of services
  • Larceny by false pretense
  • Credit card or check fraud
  • Welfare Fraud
  • Identity Theft

Shoplifting Defense Lawyer

Shoplifting is one of the most common types of theft crimes. The most common charge faced by individuals accused of shoplifting is known legally as a “petit larceny”. It is the theft of anything valued at less than $1,000.

A SOLID DEFENSE LAWYER IF YOU ARE CHARGED WITH SHOPLIFTING

David R. Morabito, Esq. has extensive experience and success in defending people faced with shoplifting charges. His clients have come from all walks of life and have had varying levels of financial stability. David R. Morabito, Esq. can help minimize the consequences of a shoplifting arrest.

Whether you have been charged with grand larceny or “petty” larceny, David R. Morabito, Esq. understands the value of resolving matters as quickly and as discreetly as possible. He is highly effective in plea negotiations with prosecutors because he has established a reputation for successfully taking criminal cases to trial. Time and again David R. Morabito, Esq. has helped clients obtain very favorable results.

A TOP RATED DEFENSE LAWYER WHO WILL FIGHT YOUR SHOPLIFTING CASE

If you are innocent of the charges against you or if a plea is unacceptable to you for some other reason, you can trust that David R. Morabito, Esq. will prepare a compelling defense and to vigorously protect your rights in court.

Do not let shame or embarrassment keep you from taking action to protect your rights. Talk to an experienced criminal defense lawyer about your shoplifting arrest at your earliest opportunity by calling or contacting David R. Morabito, Esq.

Burglary Defense Attorney

All crimes involving entry of a home or business is treated very seriously under New York State law. If you or a loved one has been charged with offenses ranging from burglary to home invasion or robbery with a weapon, it is essential to get experienced and qualified legal counsel as soon as possible.

BEING CHARGED WITH BURGLARY

A violent felony conviction — and that is what most convictions for burglary, robbery or home invasion brings — can carry a mandatory minimum prison sentence. The consequences and implications are long-term in every sense. You need to work with a lawyer who will grasp all that is on the line for you and help you make sound decisions.

If burglary, robbery, home invasion, assault or theft charges are brought against you, David R. Morabito, Esq. has very extensive experienced in this area of criminal law. If these charges are unfounded, he has the ability in proving your innocence and earning case dismissals or acquittals at trial. If the case against you is strong and negotiation for reduced consequences is the best defense, David R. Morabito, Esq. has the knowledge and experience to protect your interests.

THE BEST BURGLARY DEFENSE ATTORNEY

David R. Morabito, Esq. will fight for you and has had many hundreds of the following cases:

 

  • Residential burglary and home invasion
  • Business burglary
  • Robbery with or without a weapon
  • Assault and a full range of gun crimes and weapons charges

Computer Crimes Defense Lawyer

Arrests and vigorous prosecution efforts in Internet crimes cases are on the rise nationwide. Both federal agencies and local law enforcement have become more savvy and aggressive in these areas of investigations. If you have been targeted or are accused of either sex-related or financial computer crimes, David R. Morabito, Esq. can assist you. Most Internet crime convictions come with severe, life-altering consequences.

AN EXPERT ATTORNEY WELL-VERSED IN COMPUTER CRIME LEGAL DEFENSE

David R. Morabito, Esq. will consider all facts and circumstances leading to your arrest in order to build the best possible defense case against charges such as:

  • Possession of child pornography or other offenses involving solicitation, stalking or luring a minor

  • Identity theft, fraud using a computer or participation in an Internet scam

  • Workplace or “white collar” crimes such as embezzlement

CALL THE ATTORNEY WHO WILL FIGHT FOR YOUR RIGHTS IN YOUR COMPUTER CRIMES CASE

David R. Morabito, Esq. has experience in federal court, where many Internet crime cases are handled and very specific procedures and requirements apply. Whatever the precise circumstances of your arrest and the charges against you. David R. Morabito, Esq. will:

  • Immediately launch an investigation to preserve evidence, contact witnesses and work toward an effective defense strategy for you
  • Work closely with you through the decision-making process that may involve opting for negotiation with prosecutors or seeking an acquittal at trial in state or federal court
  • Remain responsive and accessible to you and your family through every phase of your challenge

Protect your rights. Protect your future.

 

Traffic Violations Legal Defense

Many individuals facing a traffic ticket or traffic offense pay their fines or appear in court without the assistance of an attorney. What many people do not know is that an experienced defense attorney can significantly reduce charges, fines, and other negative consequences associated with a traffic ticket. If you have been charged with speeding, reckless driving, or a moving violation, you want an attorney who can effectively challenge the charges against you. David R. Morabito, Esq. is experienced in challenging speeding tickets, reckless driving charges, and moving violations for over 35 years.

FIGHT YOUR TICKET WITH AN EXPERT TRAFFIC VIOLATIONS LAWYER

Do not lose your opportunity to defend yourself against a traffic ticket. David R. Morabito, Esq. will work to defeat your charges, minimize fines, and protect your right to drive.  He has represented thousands of clients for traffic related charges since 1981 for the following:

  • Speeding violations

  • Reckless driving charges

  • CDL Traffic Violations

  • Moving violations and multiple violations

  • Driving on suspended license

A simple speeding ticket can have serious complications in your life. There will be a fine, points added to your driving record, a court assessment penalty, and possible higher insurance premiums. Do not just pay the ticket. Talk to a lawyer first.

A KNOWLEDGEABLE AND HARD-FIGHTING ATTORNEY WHO WILL CHALLENGE YOUR TRAFFIC VIOLATION IN COURT

Whether you never had a drivers’ license to begin with or your drivers’ license was suspended or revoked for some other reason — getting caught driving without one in New York State could mean serious consequences.

David R. Morabito Esq. goal is to minimize the impact of any traffic tickets or traffic violations brought against you. If you have been ticketed, contact David R. Morabito, Esq. He can help you reduce your charges, fines penalties and your right to continue driving.

In regard to professional truckers, driving offenses can have a serious impact on your commercial drivers’ licenses. If you need to drive to earn a living and support your family, do not take a chance by going into traffic court on your own. Talk to an experienced attorney who has success in CDL traffic violation cases.

David R. Morabito Esq. goal is to preserve your CDL and to minimize the personal, financial and job-related impacts of every traffic violation. With that in mind, you can trust that he will explore every possibly means of getting the charges dismissed or negotiating a favorable plea agreement on your behalf.

David R. Morabito Esq. can help you successfully challenge a speeding ticket, protect your driving privileges and keep your insurance premiums low. Please call for a free consultation.

Appeals & Post-Conviction Relief

Unfortunately, by the time a defendant is at the appellate stage of the criminal proceedings, an individual has either been convicted after trial or has pled guilty to the criminal charges. In either case, David R. Morabito, Esq. has extensive experience in all New York State Courts and with all Federal Courts including the United States Court of Appeals for the 2nd Circuit and the United States Supreme Court.

AN EXPERT ATTORNEY WHO CAN NAVIGATE THE APPEALS PROCESS IN THE CONTINUED FIGHT AGAINST YOUR CASE

In law, an appeal is a process for requesting a formal change to an official court decision.

The specific procedures for appealing, including whether there is a right of appeal from a particular type of decision, can vary greatly from jurisdiction to jurisdiction. An appellate court is one which hears cases on appeal from a lower court. Depending on the particular legal rules that apply to each circumstance, a litigant to a court case who is not satisfied with the court decision may be able to challenge the result in an appellate court on specific grounds. These grounds typically could include errors of law, fact, or procedure. In different jurisdictions, appellate courts are also called appeals courts, courts of appeals, superior courts, or supreme courts.

David R. Morabito, Esq. has experience for the past 30 years in representing clients for appeals, post-conviction relief, Writs of Habeas Corpus and Writs of Certiorari.

To begin protecting your rights on an appeal or other post-conviction motions, call or contact David R. Morabito, Esq.

Testimonials

“We recently retained David Morabito with regard to a matrimonial matter. After several months of frustrating and unfruitful legal proceedings , things were going nowhere . We contacted Mr. Morabito and requested he take on our case. His actions on the matter were not only immediate but decisive and within a matter of weeks things began to turn around. He is extremely professional, exceptionally compassionate, and very aggressive in defending his clients . His knowledge and expertise regarding the law is exceptional. He is thorough in his practice and always available and timely in dealing with matters. Our legal matter has been resolved and we are extremely pleased that we made the decision to retain Mr. Morabito. We highly recommend him as a highly competent, aggressive, and trustworthy attorney.”

Sam & Anessa on Avvo

“I was arrested for DWI and Assault in Fairport, NY. I was a passenger in a car driven by my girlfriend. We had stopped in the road to make a turn and a car rear ended us. The impact was so great that the car was totaled. I had to climb out of the driver side window and that is when the driver who hit us told the Police that I was the driver. The driver of the other car came over to me and started a fight and I had to defend myself and my girlfriend. I immediately contacted Mr. Morabito to represent me for the criminal charges of DWI, assault and traffic tickets. If I was convicted of DWI, I would have lost my job. If I was convicted of assault, I could have been looking at jail time. Mr. Morabito did such an amazing job that all my charges were dismissed at trial.”

Justin Johnson on Avvo

“My son was arrested on multiple felony drug charges and bail was set at $100,000, I went to my family lawyer and he highly recommended Dave Morabito to represent us in this matter. After meeting with Dave immediately, he had bail reduced to $20,000 and I had my son out within 24 hours. At that time negotiations started and the DA would not come down any lower than 7 years. At that point Dave went to work. After about 7 months of doing exactly what he advised us to do and him doing everything that he does he was able to cut a deal for 3 years and eligible for Shock Camp. My son is now at Camp and he will be back home in 6 months, a new man with a second chance on life. I literally put my son’s life in his hands and he was able to get the best possible results for this situation! I would highly recommend Dave Morabito to represent you!”

Bradley on Avvo

He was absolutely wonderful. He represented us at trial only and I wish we would have hired him from the beginning. First lawyer took our money and did not have the experience or expertise he claimed. David did the research on the facts and presented himself so professionally in court while bringing out the legal defense we were entitled by the facts of the law. He always took our phone calls on questions and even called us to see if we had questions on anything. I did not feel like I was bothering him like the first attorney made us feel. My only regret is that I did not hire him from the beginning of the arrest because I believe we would not have had to go to trial in the first place. Professional, knowledgeable, caring, etc. I highly recommend him.”

Marilyn on Avvo

David Morabito was my attorney in a case involving possession and sale of the drug heroin. This is 2 class B felonies, and in my county, that means prison time, up to 10 years. I am a 20 year old female, caught up in a situation because of an addiction to heroin. I was represented by Dave and he was very formal, knew what he was talking about and his first thing was to get me out of jail. He then showed the court that I am actually an asset to society and that with the proper help from my rehabilitation program, I will do great things. Rather than doing time, I was able to start college, get a job and stay in an intensive outpatient rehab. He helped my family and I a great deal and I know he can and will help anyone he can. He is also working on me and my brothers case right now involving a class D felony. He is doing a wonderful job and I just hope we can prove my innocence once again. Dave knows my second charge is false and he is going to do everything he can. I trust him with my future and I know everyone that meets him will feel the same.

Brittany on Avvo

“I was charged with 9 A1 felony counts. Looking at life in prison. Dave believed in me and my innocence and took my case very seriously. Dave’s professionalism and expertise allowed my trial to conclude in a not guilty verdict on all counts. This was only achieved with Dave’s expert knowledge of the law. I am so grateful that I chose Dave to represent me. I have my life back due to Dave. I cannot ever thank him enough.”

Anon Review on Avvo

“Dave is an awesome lawyer if he cant do it…it cant be done..had my best interest from the start…he told me we have to fight and fight hard we did….Victory was ours!! Best Choice i ever made! Thank You So Much.”

J. HYSON ON AVVO

“I have been raising my grandson for the past 10 years. He’s had serious problems with the law over the years and was charged with 2 separate sets of possession of weapons that were used in separate murders. Mr. Morabito was the lawyer for both trials. The first trial he fought for my grandson and he got a not guilty on all counts. The next trial he got the best deal possible by time served and my grandson was released from jail. Mr. Morabito even got the violation of probation charges dismissed at the third trial. No one could fight harder and he was always there for us. Whenever I called him he would always call me back the same day. He answered all my questions and did everything to help my grandson. I would not hesitate to recommend him to anyone. Best attorney in Rochester.”

YVETTE ON AVVO

“Last spring my husband was arrested in Rochester for a double murder. We had a 2 week jury trial in Supreme Court. He was acquitted of everything for the murder and weapons. If your charged with something bad call Morabito.”

ANON REVIEW ON AVVO

“I have known of David Morabito for many years because he has represented many of my friends and I have known of him through the media for representing some of the most serious criminal cases in Western New York. Last St. Patrick’s Day, I was falsely accused of violently raping my cousin. I had a dispute with my cousin and threatened to have her arrested for abusing drugs. After she was kicked out of my apartment, about one week later, the police knock at the door and I was arrested for rape. I was facing 25 years in prison for something I did not do. I did not hesitate to call Mr. Morabito because I knew he would help me. His fees were very reasonable. I told him the whole story and he said don’t worry, he will take care of everything. We had our trial a few weeks ago and he did a superior job. His cross examination in the courtroom was unbelievable. He controlled the whole courtroom and did a great closing. I was acquitted of all the violent felonies and able to go home as a free man. There is no one else I would ever recommend. He is a master in the courtroom and it is obvious that he has great respect from all the judges and prosecutors. He is something else.”

DAVE ON AVVO

“Mr. Morabito took on my divorce case, and handled this with extreme professionalism. After reading the complaint from the ex-wife against me he encouraged me to be patient and that he would take care of everything. Well 6 weeks into the Family Court case because I had listen to his advice the Family Court Judge took the children away from my ex-wife and gave them back to me. He was able to establish residency of the children to be with me. I have maintained 1 lawyer (Mr. Morabito) throughout the entire divorce proceedings while the ex-wife has had lawyers adding up to somewhere in the double digits. Mr. Morabito is a firm, tough lawyer that is highly respected in the court system and is a true gentleman.”

CHRIS ON AVVO

“David was absolutely fabulous in my defense against false accusations made against me by the Rochester City School District and the City of Rochester. To say that he mopped the courtroom floor with them would be an understatement.”

Donald on Avvo

Discuss Your Case For Free

Reach an Attorney via Email:
andrew@morabitolawoffice.com

Call for Legal Consultation:
585-586-5770

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Morabito Law Offices provides effective legal advice, services, and representation on behalf of individual clients throughout the world and with a specific focus on Rochester and Upstate New York. We represent clients in all State and Federal Courts.