On April 4, 2017, New Jersey Supreme Court Chief Justice Stuart Rabner issued an order designating Andrew Olesnycky and 13 other attorneys as Certified Criminal Trial Attorneys. By this order, Mr. Olesnycky joins a small group of New Jersey lawyers -- less than 1% state-wide -- who have demonstrated the experience, knowledge, and dedication to the field of criminal law necessary to earn the designation of Certified Criminal Trial Attorney.
You’ve just enjoyed a great vacation in Europe and are now on your way home. After suffering the hassles of long lines and security at the airport and a cramped flight in coach, you arrive back at Newark Airport. You patiently wait in line for the Customs and Border Entry check and sail through after casually chatting about your trip with the officer who stamps your United States passport and welcomes you back home. While waiting at the luggage carousel and hoping that your luggage hasn’t been lost, you’re approached by a Customs and Border Protection officer (“CBP”) and asked to come with him to another room. In that room, CBP officers ask you about your travels - why you were there, how long you were gone, who did you meet and what did you do. You explain that it was a simple, straightforward holiday trip that you had saved up for over the past year. The officers then ask for your cellphone, iPad and computer. You ask why and they say that it is routine. They examine the devices and find that they are all password protected. They ask you to unlock your devices so that they can examine the contents. You are shocked, you are a U.S. citizen with constitutional rights to privacy. Doesn’t the Fourth Amendment protect you from unreasonable searches and seizures, and require the officers to have a warrant supported by probable cause? Usually it does, but not at the border. When you re-enter the United States, you enjoy significantly fewer protections against searches and seizures.
Stahl Gasiorowski Criminal Defense is proud to announce that our managing partner, Robert G. Stahl, has been selected once again for the 2017 Super Lawyers, White-Collar Criminal Defense. This is the 10th straight year that Bob has been selected for this honor by his peers.
An arrest warrant is, in many cases, the formal start of a criminal case against an individual. It is a sworn written recitation of enough “facts” of the case that demonstrate to a judge that there is probable cause to believe that a crime(s) has been committed and the at the defendant committed the alleged crime(s).
Violent police encounters and police officer involved shootings have dominated the national press for some time. Such encounters have led to mass protests; much-needed examinations of police policies, procedures and training; and pleas for better relations between the police and the communities they serve. One result has been the call for body worn video cameras that record encounters between police and citizens in real time. While not perfect, these body worn cameras can provide valuable evidence of what transpired at a given moment during what may have been a high stress encounter.
The Fourth Amendment of the U.S. Constitution protects us from unreasonable searches and seizures. Unlike a warrantless stop and search of a car or of a person walking down the street, when law enforcement searches a home or business they have usually obtained a search warrant to do so. A search warrant must be issued by a neutral and detached magistrate (judge); be supported by probable cause; and describe in detail the place to be searched and the things to be seized.
On March 3, 2017, the newest member of the Stahl Gasiorowski Criminal Defense team, Andrew Olesnycky, was recommended by the Board on Attorney Certification to the Supreme Court for certification as a Criminal Trial Attorney, a designation attained by less than one percent of attorneys practicing law in New Jersey. Andrew joined Stahl Gasiorowski Criminal Defense Lawyers in 2015 after serving for five years as an assistant prosecutor and acting deputy attorney general in the Union County Prosecutor's Office.
Between the President’s accusation that the prior President tapped his phones, and WikiLeaks recent exposure of alleged CIA hacking tools and techniques, much has been reported in recent days about the government’s ability to intercept and listen to our conversations over our cellphones; computers; smart home devices such as televisions and baby monitors; products such as Alexa and Amazon Echo; encrypted messaging apps such as Signal, WhatsApp and Telegram; and home security cameras and systems. All of these devices provide potential ways for the government and hackers to enter our seemingly private worlds and eavesdrop. The difference between the government and a hacker, however, is that the government must obtain a court authorized warrant to do so.
In January 2017, the New Jersey Legislature amended the State Constitution and passed legislation to dramatically alter the process by which courts determine whether a defendant is held in jail – rather than released – while awaiting trial. While defendants previously could secure pretrial release by paying bail money to the court, the new system, commonly referred to as, simply, “Bail Reform,” conditions pretrial release upon a judge’s determination of the likelihood that the defendant will fail to appear in court or commit another offense, without consideration of the defendant’s financial resources.
In many types of criminal cases, the right expert can be invaluable. Whether it is a forensic accountant in a complex fraud or tax investigation; a medical or billing expert in a healthcare fraud investigation; a forensic psychiatrist for a sex abuse or child pornography case; a computer expert for a computer crimes matter; or a drug or gang expert in a serious drug case, the proper expert retained early in the investigation can assist the client’s criminal defense attorney in his or her efforts to prevent the charges from being filed, or to develop a solid defense to aid in plea negotiations or to prevail at trial.