Andrew Olesnycky, Esq.

Stahl Gasiorowski Criminal Defense Lawyers

About Andrew Olesnycky, Esq.

Andrew Olesnycky Esq. is a Certified Criminal Trial Attorney. He represents individuals and organizations facing criminal charges and investigations in federal, state, and municipal courts.

SCOTUS Denies Civil Forfeiture Challenge But Majority Voices Concerns about Process

In a rare opinion addressing the rights of innocent owners of property seized under state civil forfeiture laws, the Supreme Court of the United States held that innocent owners are not constitutionally entitled to a separate preliminary hearing to seek a speedy return of their seized property. The 6-3 ruling in Culley v. Marshall, [...]

By |2024-05-11T21:52:33-04:00May 10th, 2024|Asset Forfeiture, White Collar Criminal Defense|Comments Off on SCOTUS Denies Civil Forfeiture Challenge But Majority Voices Concerns about Process

NJ Appellate Division Restricts Frequently-Used Method by Police to Access Glove Compartments

On June 6, 2023, the New Jersey Appellate Division issued State v. Johnson, a valuable published opinion that clarifies the procedures that must be followed under the “vehicle registration search” exception to the warrant requirement. The vehicle registration search exception the warrant requirement authorizes police to enter a lawfully stopped vehicle to conduct a [...]

By |2023-06-21T12:17:32-04:00June 7th, 2023|DWI, Police, Search and Seizure, Search Warrants, White Collar Criminal Defense|Comments Off on NJ Appellate Division Restricts Frequently-Used Method by Police to Access Glove Compartments

Strangulation Victims Are Seven Times More Likely to Die in Domestic Violence Incidents

Domestic violence cases pose a unique challenge for prosecutors because domestic violence incidents are at once difficult to prosecute, yet extremely common, occurring, on average, about once every eight seconds throughout New Jersey, according to the statistics compiled by the New Jersey Attorney General’s Office. Domestic violence is difficult to prosecute because incidents usually [...]

By |2023-05-09T23:23:44-04:00May 9th, 2023|Criminal Charges, Domestic Violence, White Collar Criminal Defense|Comments Off on Strangulation Victims Are Seven Times More Likely to Die in Domestic Violence Incidents

Third Circuit Issues Opinion Limiting Federal Money Laundering Prosecutions

In United States v. Fallon, a precedential opinion published on September 30, the Third Circuit reversed a defendant’s conviction for money laundering and, more importantly, issued a bright-line rule holding that financial transactions that take place before a defendant receives any proceeds from a fraudulent scheme cannot be considered “concealment” money laundering under 18 [...]

By |2022-10-03T23:15:09-04:00October 3rd, 2022|Money Laundering, White Collar Criminal Defense|Comments Off on Third Circuit Issues Opinion Limiting Federal Money Laundering Prosecutions

Abrogation of Brimage Guidelines

On April 19, 2021, one day after Governor Phil Murphy conditionally vetoed a bill that would have eliminated mandatory minimum prison sentences for a broad set of crimes, New Jersey’s Attorney General, Gurbir Grewal, issued a groundbreaking internal directive to prosecutors (the “Directive”) that exercised prosecutorial discretion to effectively eliminate mandatory minimum sentences for non-violent drug [...]

By |2021-05-18T17:46:29-04:00April 22nd, 2021|Drug Crimes/Trafficking|0 Comments

NJ Supreme Court Endorses the Reopening of Thousands of Detention Hearings

One of the great tragedies of the COVID-19 pandemic has been the thousands of New Jersey pretrial detainees who – despite being presumed innocent and not having been convicted of any crime – are languishing in unsafe conditions in county jails while courts remain closed to jury trials. On February 11, 2021, the New Jersey Supreme Court endorsed the reopening of thousands of detention hearings by inmates detained for longer than six months, citing the “due process concerns” caused by the unexpectedly lengthy suspension of criminal trials in New Jersey.

By |2023-10-02T19:11:12-04:00February 16th, 2021|NJ Superior Courts|0 Comments

Is the NJ Attorney General’s moratorium on marijuana prosecutions a “move toward decriminalization?” Probably not.

When New Jersey Attorney General Gurbir Grewal issued a memorandum yesterday ordering local prosecutors to temporarily halt marijuana prosecutions in municipal courts until September, news outlets, including the New York Times, called it a possible "step toward decriminalization." Amol Sinha, American Civil Liberties Union of New Jersey executive director, praised the move, stating that "[b]y directing prosecutors to pause adjudication of marijuana cases, this letter starts that [decriminalization] process." Marijuana trade magazines were even more effusive. 

By |2021-05-23T22:25:51-04:00July 25th, 2018|Drug Crimes/Trafficking|0 Comments

What To Do If Your Teenager is Stopped With Drugs in the Car?

While most people consider themselves unlikely to become the subject of a police investigation, there is one common situation in which ordinary citizens fall under police scrutiny: the traffic stop. Police officers are trained to search for evidence of illegal activity every time they pull over a driver, whatever the reason for the stop. While the consequences for speeding, failure to maintain lane, careless driving or Driving Under the Influence (DUI) can be bad enough – carrying the possibility of loss of driving privileges, assessment of motor vehicle points and higher insurance rates – things become far more serious if the police search for and find illegal drugs in a car.  Teenagers and young adults – who are presumed by police to be more likely to be in possession of illegal recreational drugs – are often the targets of such searches late at night, while driving to and from wherever it is that teenagers actually disappear to when they leave the house to “hang out with friends.”  

New Jersey Supreme Court curtails criminal harassment statute in State v. Burkert, limiting a common vehicle for domestic violence charges

New Jersey’s criminal harassment statute has long occupied the space in which the messiest family law disputes cross over into the realm of criminal law. Although there are indeed many legitimate cases of harassment that deserve punishment, in recent years New Jersey appellate courts increasingly had noted that the harassment statute too often criminalized “ordinary domestic contretemps” – i.e. the non-violent verbal sparring that accompanies the disintegration of a marriage or romantic relationship. In the view of the courts (and many frustrated family law and criminal attorneys), New Jersey’s harassment statute was too permissive in allowing an angry spouse or romantic partner to file criminal or civil domestic violence charges after being subjected to hurtful or vile insults, even where there had been no actual violence or threat of harm. 

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