The police stop you for an alleged driving infraction – speeding, failure to stay in lane, tinted windows – and while talking with you the officer smells the odor of marijuana. The officer asks you to step out of the car, searches the car and finds drugs. You contact a criminal defense attorney to defend you and explore the possibility of a motion to suppress the search. If you are the driver of a personal vehicle or the owner, you have what is known as an expectation of privacy and “standing” to suppress the search. However, if you are a passenger of the vehicle, or the driver of a rental car that was rented by a friend or family member and you are not listed on the rental agreement, you may lack standing to challenge the search of the vehicle.
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.
In 2016, the New Jersey Supreme Court issued two opinions of particular importance for attorneys who regularly handle criminal domestic violence cases in New Jersey. In State v. Bryant, decided on November 10, 2016, the Court suppressed evidence found during a protective sweep search of a home after a 911 call reporting a crime of domestic violence. The opinion is extremely important for any defendant who has been charged with a crime based upon evidence uncovered during a police response to a domestic violence call.