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MORABITO LAW OFFICES

Criminal Defense

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. For a free consultation, call 585.586.5770 or contact us online.

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.
To learn more about specific criminal charges, please see the following pages:
Federal crimes
DWI and DWAI crimes
Drugs and Narcotics
White collar crimes
Sex offenses
Domestic violence
Assault charges
Vehicular crimes
Violent offenses
Weapons Charges
Property Damage and Arson Charges
Larceny
Shoplifting
Burglary
Computer Crimes
Traffic violations
Appeals and Post-Conviction Relief

David R. Morabito, Esq. will work hard to help you avoid or minimize the consequences of an arrest. His efforts are focused on placing your needs in the best posture to obtain favorable results under the circumstances of each individual case.
Call or Contact David R. Morabito Esq. for a Free Consultation
585.586-5770

DWI and DWAI Defense

All judges and prosecutors throughout New York State take all alcohol related offenses very seriously.  The consequences are severe whether 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.

To learn more about a specific type of alcohol related crimes or DWI-related criminal matters, please see the following pages:

  • DWI charges
  • DWAI charges
  • Felony DWI
  • Aggravated DWI
  • CDL DWI
  • Breathalyzer tests
  • DWI Suspension

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.

Call or Contact David R. Morabito, Esq. for a free consultation at 585.586.5770

DWI

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
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.

David R. Morabito, Esq. can be reached at 585.586.5770 or email

DWAI

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.
He 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.
If you have been charged with driving a motor vehicle while your abilities were impaired by either alcohol, drugs or both — call or contact David R. Morabito, Esq. at 585.586.5770 for a free consultation.

Aggravated DWI

If you have been charged with aggravated DWI, you will need an aggressive defense that David R. Morabito, Esq.

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.
Contact David R. Morabito Esq. about your legal rights and options following an arrest for aggravated DWI. Call or contact David R. Morabito, Esq. for a free consultation today.

Felony DWI

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.

If you have been charged with felony DWI and would like to learn more about your legal rights and defense options — call or contact David R. Morabito, Esq. for a free consultation.

CDL DWI

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.
If you currently face the loss of your CDL license because of a DWI or DWAI arrest — do not hesitate to contact David R. Morabito, Esq. for a free consultation.

Breathalyzer Test

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 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. Call or contact David R. Morabito, Esq. for a free consultation today at 585 586 5770.

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.

White Collar Crimes

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.

Regardless of your charge, you want to be sure that your case is handled quickly and discreetly. 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

His 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

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.

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.

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. Contact David R. Morabito, Esq. for a free consultation.

Domestic Violence

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.

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.

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

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.

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.

If you have been charged with any type of domestic violence-related crime — do not hesitate to contact David R. Morabito, Esq. for a free consultation.

Assault

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.

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

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.

Contact David R. Morabito, Esq. for a free consultation.

Vehicular Assault and Manslaughter

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.

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).

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.

If you have been charged with a traffic related crime such as vehicular manslaughter or vehicular assault — contact David R. Morabito, Esq. for a free consultation.

Violent Crimes

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.

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

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.

He 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

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.

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.

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.

Property Damage and Arson

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.

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.  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.

Larceny

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.

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

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.

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.

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

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.

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.

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

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.

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

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.  Contact David R. Morabito, Esq.

Drug and Narcotics Offenses

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.

If you have been charged with felony or misdemeanor drug possession in state or federal court, do not hesitate to contact David R. Morabito.

Drug Possession

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.

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

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 Charge

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.

Traffic Tickets

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.

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.

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 and 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.

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.