Andrew Olesnycky, Esq.

Andrew Olesnycky
Location:
Westfield, New Jersey
Phone:
908-301-9001
Fax:
908-301-9008
Email:

Andrew Olesnycky, a former supervisor-level assistant prosecutor at the Union County Prosecutor's Office, represents individuals and corporations facing criminal charges and investigations in federal, state, and municipal courts. Mr. Olesnycky is certified by the New Jersey Supreme Court as a Certified Criminal Trial Attorney, a designation obtained by fewer than 1% of attorneys state-wide. During his nearly five-year tenure with the Union County Prosecutor's Office, Mr. Olesnycky tried numerous felony cases involving robbery, aggravated assault, gun possession, narcotics offenses, large-scale theft, and fraud. His trials and prosecutions have been covered by media outlets including the New York Times, CBS This Morning, NBC4 New York, the Associated Press, the Boston Globe, NJ.com, the Star Ledger, and ESPN. 

Since entering private practice, Mr. Olesnycky has served as lead attorney defending charges of attempted murder, federal wire fraud conspiracy, federal housing benefit fraud, prescription drug conspiracy, sexual assault, distribution of child pornography, interference with custody, corporate theft, and Superstorm Sandy-related fraud in federal and state courts. Through diligence, creativity, and aggressive litigation, he has secured dismissals for his clients. Mr. Olesnycky is proud to have won dismissals of baseless criminal domestic violence charges filed against victims of domestic violence by their abusers in numerous courts throughout the state.

Mr. Olesnycky maintains a robust federal criminal defense practice. He is currently litigating several multi-defendant wire fraud conspiracy cases in federal courts and has been appointed by the District of New Jersey to serve on the Criminal Justice Act Panel of Private Attorneys. He was part of a defense team that secured the dismissal of murder-for-hire charges in federal court in the Southern District of New York and an outright dismissal of health care fraud charges against a dentist accused of performing unnecessary procedures. Mr. Olesnycky has is dedicated to the defense of medical and medical laboratory professionals facing allegations of illegal referrals or fraud in both State and Federal courts.

Mr. Olesnycky is one of very few criminal trial attorneys in private practice who has served as a domestic violence supervisor in a county prosecutor's office, and represents those accused of domestic violence in criminal, civil, and administrative proceedings, as well as victims of domestic violence seeking restraining orders in family court.  As supervisor of the Domestic Violence Unit at the Union County Prosecutor’s Office, Mr. Olesnycky bore ultimate responsibility for the investigation and prosecution of every complaint of domestic violence in Union County. He was responsible for training new assistant prosecutors; supervising all investigations, indictments and trials within the unit; coordinating rearming decisions for police officers accused of domestic violence; administering a 24-hour on-call domestic violence hotline for police officers; and training police officers in domestic violence law. In addition to his supervisory responsibilities, Mr. Olesnycky continued to personally prosecute a significant docket of domestic violence cases that included attempted murders, aggravated assaults, kidnappings, interference with custody, stalking, and gun crimes. Among the high-visibility cases he handled was a nationally-followed case involving an NFL player who shared nude photos of his estranged girlfriend on the Internet.

As a certified domestic violence law instructor at the John H. Stamler Police Academy, Mr. Olesnycky has lectured on domestic violence to new recruits as well as experienced investigators from law enforcement agencies throughout the state. He has served as a moderator of a statewide domestic violence symposium and attended domestic-violence specific training at state and national conferences.

A cum laude graduate of the Rutgers School of Law in Newark, Mr. Olesnycky served as a law clerk to the Honorable Rudy B. Coleman (retired) in the Appellate Division of New Jersey Superior Court, and as an intern for the Honorable Joseph A. Greenaway in the United States District Court for the District of New Jersey. During law school, Mr. Olesnycky worked as a summer associate at Latham Watkins in Newark and as an intern in the legal department of the New Jersey Highlands Council.

Mr. Olesnycky was also recently appointed by the New Jersey Supreme Court to serve as a member of the District VC (West Essex) Attorney Ethics Panel.

Areas of Practice

  • Federal, State and Municipal Criminal Law
  • White-Collar Crime
  • Sex Crimes
  • Domestic Violence Law
  • Final Restraining Order Hearing and Restraining Order Violations in Family Court
  • Administrative Disciplinary Actions

Representative Cases

  • Client, a female teacher at a school affiliated with a drug treatment facility, was charged with second-degree sexual assault for engaging in sexual relations with an 18-year-old patient at the facility and additionally charged with second-degree endangering the welfare of a minor for allowing a 17-year-old student to view pornography on her phone.  Each crime carried a mandatory State Prison sentence and Megan's Law registration. Following a successful motion to dismiss the indictment attacking the legal basis for some of the charges, as well as the provision of an expert report providing mitigating evidence, the client was pleaded guilty to fourth-degree charges and was sentenced to probation, without Megan's Law registration
  • Client, a 17-year-old, was accused of inappropriately touching a child and sought for questioning. After an independent investigation revealed weaknesses in the case the matter was resolved without any charges being filed. 
  • Represented a salesperson charged with theft and burglary for allegedly stealing customer lists from his former employer. The client was permitted to enter into the Pre-Trial Intervention program without an admission of guilt.
  • Client, a non-citizen victim of domestic violence, was accused by her abuser of assault and faced deportation if convicted. Case dismissed. 
  • Client, a victim of domestic violence, was criminally charged with third-degree interference with custody based upon complaints filed by her abuser.  All charges were dismissed following a motion to the assignment judge.  
  • Client, a victim of domestic violence, was charged with the indictable offense of cyber-harassment based upon complaints filed by her abuser.  All charges were dismissed.
  • Client was charged with third-degree domestic violence assault with a deadly weapon for allegedly striking victim with a car during an argument. Case dismissed after we investigated the matter and provided exculpatory information to the prosecutor.
  • Client faced criminal domestic violence contempt charges for violating a restraining order when found sleeping on the porch next door to the residence from which he was barred. Case dismissed based upon legal argument demonstrating that order had not been violated. 
  • Client faced domestic violence contempt charges for allegedly burglarizing house of former girlfriend. Case dismissed after we demonstrated fatal weaknesses in State's theory. 
  • Client faced over 40 years in prison for first-degree domestic violence charges, including attempted murder. An independent investigation and aggressive negotiation resulted in a plea to a second-degree charge and prison term in the second-degree range of five to ten years. Following the guilty plea, successfully avoided an unreasonable restitution demand of over $10,000 in unsubstantiated damages to a business. 
  • Client was charged with third-degree aggravated assault for allegedly hitting victim with car. After an independent investigation proved that the victim fabricated the story, the charges were dismissed by the prosecutor.  
  • Client charged with trespassing for breaking into residence. Successful mental health defense resulted in dismissal of charges. 
  • Client charged with second-degree identity theft in Union County Superior Court for attempting to board plane with fake identification. Through negotiation with prosecutors, case resolved without imposition of criminal charges. Administrative civil suit brought against client dismissed. 

Litigation Percentage

  • 90% of Practice Devoted to Litigation

Bar Admissions

  • New Jersey, 2010
  • New York, 2011
  • U.S. District Court District of New Jersey, 2010

Super Lawyers Rising StarHonors and Awards

  • Certified Criminal Trial Attorney - New Jersey Supreme Court
  • Selected as Super Lawyer Rising Star - 2018

Education

  • Rutgers University School of Law, Newark, New Jersey
    • J.D. cum laude - 2009
    • Honors: Order of the Coif, Chief Justice Richard J. Hughes Prize, Dean’s Scholar
    • Honors: Moot Court Board, National Moot Court Team Member
  • Lehigh University, Bethlehem, Pennsylvania
    • B.A. - 2004
    • Honors: With High Honors
    • Honors: Dean’s Scholar, Presidential Scholar, College Scholar, Rodale Scholar
    • Honors: Williams Prize, National Merit Scholar