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David Robertson Morabito

Open for Business
Virtual Consultation
also known as David R. Morabito, Sr.
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Avvo Rating9.2
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About David

Practice areas

OtherGun LawOil and gasFederal crimeCriminal defense
  1. Criminal defense: 55%

    Very extensive criminal defense: misdemeanors, DWI, felonies, violent felonies in all New York State Courts, including Post Conviction Relief Applications and Appeals. Also admitted in Florida courts.

    41 years, 15,000 cases

  2. Federal crime: 30%

    Very extensive federal criminal defense: drug cases, white collar crimes, conspiracies, gun cases in all Federal Courts including U.S. Circuit Courts for the Second, Fifth and Eleventh Circuits as well as United States Supreme Court.

    36 years, 175 cases

  3. Oil and gas: 1%

    Brought the only case in the United States against the State of New York and the Cuomo Administration that the ban on High-Volume Hydro-Fracturing (fracking) violated the United States Constitution under the 4th/5th/14th Amendments.

    6 years, 1 case

  4. Gun Law: 1%

    Very extensive criminal defense: misdemeanors, felonies, violent felonies in all New York State and Federal Courts, including Post Conviction Relief Applications and Appeals.

    41 years, 1,000 cases

  1. Constitutional: 1%

    Very extensive criminal defense: misdemeanors, felonies, violent felonies in all New York State and Federal Courts, including Post Conviction Relief Applications and Appeals.

    41 years, 1,000 cases

  2. DUI and DWI: 1%

    Very extensive criminal defense: misdemeanors and felony DWI cases in all New York State Courts, including Post Conviction Relief Applications and Appeals.

    41 years, 1,000 cases

  3. Drug Crime: 1%

    Very extensive criminal defense: misdemeanors and felonies in all New York State and Federal Courts, including Post Conviction Relief Applications and Appeals.

    41 years, 1,000 cases

  4. Sex crime: 1%

    Very extensive criminal defense: misdemeanors and felonies in all New York State and Federal Courts, including Post Conviction Relief Applications and Appeals.

    41 years, 1,000 cases

  5. Violent crime: 1%

    Very extensive criminal defense: misdemeanors, felonies, violent felonies in all New York State and Federal Courts, including Post Conviction Relief Applications and Appeals.

    41 years, 1,000 cases

  6. White collar crime: 1%

    Very extensive criminal defense: misdemeanors and felonies in all New York State and Federal Courts, including Post Conviction Relief Applications and Appeals.

    41 years, 1,000 cases

  7. Environmental and natural resources: 1%

    Experience representing landowners in vacating mineral rights/leases on private property against oil companies.

    24 years, 25 cases

  8. Child abuse: 1%

    Very extensive criminal defense: misdemeanors, felonies, violent felonies in all New York State Courts, including Post Conviction Relief Applications and Appeals.

    41 years, 1,000 cases

  9. Child custody: 1%

    Experience in New York State Family Courts representing parties attempting to modify custody and/or visitation.

    41 years, 500 cases

  10. Domestic violence: 1%

    Very extensive criminal defense: misdemeanors, felonies, violent felonies in all New York State Courts, including Post Conviction Relief Applications and Appeals.

    41 years, 1,000 cases

  11. Appeals: 1%

    Very extensive criminal defense: misdemeanors, DWI, felonies, violent felonies in all New York State and Federal Courts, including Post Conviction Relief Applications and Appeals.

    41 years, 250 cases

  12. Personal injury: 1%

    Very extensive trial and litigation experience that has been successful in representation of individuals injured.

    41 years, 25 cases

  13. Car accident: 1%

    Very extensive trial and litigation experience that has been successful in representation of individuals injured.

    41 years, 25 cases

Contact

David R. Morabito Esq.

117 W Commercial St
Po Box 187
East Rochester, NY, 14445-2151

      Po Box 187
      East Rochester, NY, 14445-0187

      Resume

      License
      StateStatusAcquiredUpdated
      FLInactive198106/11/2021
      NYCurrently registered 198105/25/2021
      We have not found any instances of professional misconduct for this lawyer.
      Avvo Contributions
      Legal answers0
      Legal guides0
      Awards
      Award nameGrantorDate granted
      Super LawyerSuper Lawyers2020
      Top Ten for New York StateNew York State Attorney and Practice Magazine2020
      Top Ten in New York StateAmerican Institute of Criminal Law Attorneys2020
      Top Ten of New York StateAmerican Association of Attorney Advocates2020
      Super LawyerSuper Lawyers2019
      Honored AttorneyU.S. News and World Reports2019
      DistinguishedMartindale-Hubbell2016
      Work Experience
      TitleCompany nameDuration
      AttorneyDavid R. Morabito Law Office1985 - Present
      Public DefenderMonroe County Assistant Public Defender1981 - 1985
      Publications
      Publication nameTitleDate
      American Law Reports-FederalCommencement of cause of action under the Federal Rules of Civil Procedure so as to toll a statute of limitations1981
      American Law Reports-FederalConsumer product warranty suits in Federal Court under Magnuson-Moss Warranty Act1981
      American Law Reports-FederalTimeliness of application for intervention as of right under Rule 24(a)1981
      Contributing Editor-Volume 29-Real Property TaxNew York State Consolidated Law Service1981
      Contributing Editor-Volume 44 Court RulesNew York State Consolidated Law Service1981
      Contributing Editor-The Lawyers Co-Operative Publishing CompanyMichigan Probate1981
      Contributing Editor-The Lawyers Co-Operative Publishing ComapnyCopyright Law1981
      Contributing Editor-Volume 24-Contribution and IndemnificationTexas Jurisprudence 3rd1981
      American Law Reports-FederalDisqualification of Judge under 28 USCS Section 455(b)(4)1980
      American Law Reports-FederalValidity, under Federal Constitution of so-called municipal "head shop ordinances"1980
      Contributing Editor - Vol 24-ExecutionsFlorida Jurisprudence 2d1980
      Contributing Editor - Volume 27-GamblingFlorida Jurisprudence 2d1980
      Contributing Editor-Vol 1 Civil ProcedureStandard Pennsylvania Practice 2d1980
      Contributing Editor-The Lawyers Co-Operatiave Publishing CompanyFlorida Corporations1980
      Contributing Editor-Volume 21A Customs Duties and Import RegulationsAmerican Jusiprudence 2d1980
      Contributing Editor-1980 SupplementsFederal Tax Action Coordinator1980
      Education
      School nameDegreeGraduated
      Nova Southeastern University - Shepard Broad Law CenterJD - Juris DoctorN/A
      Speaking Engagements
      Conference nameTitleDate
      National Public Radio (NPR)Militerization of Police Departments Using Military Equipment2017
      National Public Radio (NPR)Zoning2017
      Bob Lonsberry Radio ShowHigh Volume Hydro-Fracturing (fracking) in New York State2017
      Annual MeetingDavid vs. Goliath - Fracking Law Suit2016
      Vermont Law School SymposiumHigh Volume Hydro-Fracturing (fracking) in New York State2016
      National Public Radio (NPR)High Volume Hydro-Fracturing (fracking) in New York State2015
      Bob Lonsberry Radio ShowHigh Volume Hydro-Fracturing (fracking) in New York State2015
      Legal cases
      Case nameOutcome
      Morabito et al vs. New York State et alCase denied at third conference by the US Supreme Court Justices
      Morabito et al vs. New York State et alLower Court's Order affirmed
      Khammanivong vs. United StatesCase denied at first conference by the US Supreme Court Justices

      Reviews

      (14)
      5 Star
      		93%
      4 Star
      		0%
      3 Star
      		0%
      2 Star
      		0%
      1 Star
      		7%
      Review David Morabito

      Excellent Attorney

      Posted by

      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.
      This review is from a person who hired this attorney.
      Hired attorney

      Defense At Its Best

      Posted by

      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
      This review is from a person who hired this attorney.
      Hired attorney

      THE VERY BEST

      Posted by

      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.

      SAVED MY HUSBAND'S LIFE

      Posted by

      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.

      Awesome Attorney

      Posted by

      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.

      Awesome Attorney

      Posted by

      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.

      Excellent Attorney

      Posted by

      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.

      Outstanding Criminal Defense Lawyer

      Posted by

      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!

      Great attorney

      Posted by

      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.

      Superior

      Posted by

      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.
      See all reviews

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