Before he was Judge Kastranakas, before he was a federal prosecutor, he was a Dade ASA and we called him Johnny K.
But now, having shed his trial suit for depressing black robes, Circuit Court Judge John Kastrenakas, has made news by slapping Dade Lawyer Benjamin Waxman with 6K in costs for requiring the West Palm Beach SAO to litigate what the court deemed a frivolous motion.
This has ominous overtones. We cannot recall any judge in any criminal case sanctioning a defense attorney with costs for fighting for their client.
Defense attorneys already are threatened on a daily basis by prosecutors whilst judges sit idly by:
"If the Defense persists in litigating this motion to suppress, we will withdraw all plea offers".
Yeah, that's not a threat. It's just a friendly reminder.
The Palm Beach Post article is here.
H/T to the Captain for bringing this issue and the article to our attention.
A missive to the criminal defense bar: The next time a prosecutor threatens your client on the record to withdraw a plea offer if you insist on litigating a motion, bond hearing, arthur hearing, please contact the FACDL. We need to start filing bar complaints and striking back. First it starts with bond hearings. Then motions to suppress. Soon prosecutors will be withdrawing all plea offers if you invoke discovery.
See you in court, where to paraphrase the greatest man of the 20th century, we never never never never never give in to threats.
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