Case: People v. Hakes

New York state trial court

Filed Date: 2016

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.)This is a case about fees charged to participate in a probation program. The individual defendant pled guilty to driving while intoxicated and was sentenced to 6 months incarceration and 5 years of probation. Upon his release from jail, he was ordered to wear and pay $11 a day for a Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelet. For his period of probation, it would mean approximately $18,000. It is not a Medicaid-covered de…

(This summary is temporary, while we research the case.)

This is a case about fees charged to participate in a probation program. The individual defendant pled guilty to driving while intoxicated and was sentenced to 6 months incarceration and 5 years of probation. Upon his release from jail, he was ordered to wear and pay $11 a day for a Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelet. For his period of probation, it would mean approximately $18,000. It is not a Medicaid-covered device. The defendant worked odd jobs and with the help of his mother, he was able to pay for five out of his first six months of probation. He was told by the probation officers that they could reduce the payment to $4 a day. However, the probationer could not afford to make any payments. The bracelet was removed, and probation was revoked because he was unable to pay. Probationer filed a complaint stating payment for the bracelet is punitive and does not promote public safety. The lower court held that he should not be required to pay.

Summary Authors

Hannah Shilling (11/23/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/28477/parties/joseph-v-kirkpatrick/

Expert/Monitor/Master/Other

-, Eric Gonzalez, (New York)

Attorney, Camille O'Hara (New York)

Attorney, Stephen N. (New York)

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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/28477/joseph-v-kirkpatrick/

Last updated April 22, 2025, 4:47 p.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF PRISONER APPEAL, with district court docket, on behalf of Appellant Jeffrey Joseph, FILED. [2957309] [20-3615] [Entered: 10/21/2020 01:09 PM]

Oct. 20, 2020

Oct. 20, 2020

PACER
2

DISTRICT COURT MEMORANDUM AND ORDER, dated 09/22/2020, RECEIVED.[2957319] [20-3615] [Entered: 10/21/2020 01:16 PM]

Oct. 20, 2020

Oct. 20, 2020

PACER
3

DISTRICT COURT JUDGMENT, dated 09/23/2020, RECEIVED.[2957320] [20-3615] [Entered: 10/21/2020 01:17 PM]

Oct. 20, 2020

Oct. 20, 2020

PACER
4

PAYMENT OF DOCKETING FEE, on behalf of Appellant Jeffrey Joseph, district court receipt # ANYEDC-13549703, FILED.[2957323] [20-3615] [Entered: 10/21/2020 01:18 PM]

Oct. 20, 2020

Oct. 20, 2020

PACER
6

ELECTRONIC INDEX, in lieu of record, FILED.[2957327] [20-3615] [Entered: 10/21/2020 01:22 PM]

Oct. 20, 2020

Oct. 20, 2020

PACER
8

NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Appellee Michael Kirkpatrick, FILED. Service date 10/22/2020 by CM/ECF. [2958613] [20-3615] [Entered: 10/22/2020 05:52 PM]

Oct. 22, 2020

Oct. 22, 2020

PACER
9

ATTORNEY, Camille O'Hara Gillespie, [8], in place of attorney Barbara Underwood, SUBSTITUTED.[2958777] [20-3615] [Entered: 10/23/2020 09:24 AM]

Oct. 23, 2020

Oct. 23, 2020

PACER
10

FORM C, on behalf of Appellant Jeffrey Joseph, FILED. Service date 10/30/2020 by CM/ECF.[2964186] [20-3615] [Entered: 10/30/2020 10:14 AM]

Oct. 30, 2020

Oct. 30, 2020

PACER
11

FORM D, on behalf of Appellant Jeffrey Joseph, FILED. Service date 10/30/2020 by CM/ECF.[2964189] [20-3615] [Entered: 10/30/2020 10:16 AM]

Oct. 30, 2020

Oct. 30, 2020

PACER
12

ORDER, dated 11/12/2020, dismissing appeal by 11/27/2020, unless Appellant Jeffrey Joseph, submits Acknowledgment and Notice of Appearance form, FILED.[2972615] [20-3615] [Entered: 11/12/2020 10:14 AM]

Nov. 12, 2020

Nov. 12, 2020

PACER
13

ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant Jeffrey Joseph, FILED. Service date 11/12/2020 by CM/ECF.[2972824] [20-3615] [Entered: 11/12/2020 12:08 PM]

Nov. 12, 2020

Nov. 12, 2020

PACER
16

NEW CASE MANAGER, Patrick Finn, ASSIGNED.[2982822] [20-3615] [Entered: 11/30/2020 10:09 AM]

Nov. 30, 2020

Nov. 30, 2020

PACER
17

LETTER, on behalf of Appellant Jeffrey Joseph, <EDIT by Clerk's Office> RECEIVED. Service date 11/30/2020 by CM/ECF.[2983007] [20-3615] [Entered: 11/30/2020 12:26 PM]

Nov. 30, 2020

Nov. 30, 2020

PACER
18

DEFECTIVE DOCUMENT, LETTER, [17], on behalf of Appellant Jeffrey Joseph, FILED.[2983027] [20-3615] [Entered: 11/30/2020 12:33 PM]

Nov. 30, 2020

Nov. 30, 2020

PACER
19

LETTER, on behalf of Appellant Jeffrey Joseph, <EDIT by Clerk's Office> RECEIVED. Service date 11/30/2020 by CM/ECF.[2983099] [20-3615] [Entered: 11/30/2020 01:13 PM]

Nov. 30, 2020

Nov. 30, 2020

PACER
20

DEFECTIVE DOCUMENT, LETTER, [19], on behalf of Appellant Jeffrey Joseph, FILED.[2983115] [20-3615] [Entered: 11/30/2020 01:29 PM]

Nov. 30, 2020

Nov. 30, 2020

PACER
21

LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellant Jeffrey Joseph, informing Court of proposed due date 01/29/2021, RECEIVED. Service date 11/30/2020 by CM/ECF.[2983117] [20-3615] [Entered: 11/30/2020 01:31 PM]

Nov. 30, 2020

Nov. 30, 2020

PACER
22

CURED DEFECTIVE LETTER, [21], on behalf of Appellant Jeffrey Joseph, FILED.[2983216] [20-3615] [Entered: 11/30/2020 02:37 PM]

Nov. 30, 2020

Nov. 30, 2020

PACER
23

CURED DEFECTIVE LETTER, [21], on behalf of Appellant Jeffrey Joseph, FILED.[2983218] [20-3615] [Entered: 11/30/2020 02:38 PM]

Nov. 30, 2020

Nov. 30, 2020

PACER
26

SO-ORDERED SCHEDULING NOTIFICATION, setting Appellant Jeffrey Joseph Brief due date as 01/29/2021. Joint Appendix due date as 01/29/2021, FILED.[2983249] [20-3615] [Entered: 11/30/2020 02:59 PM]

Nov. 30, 2020

Nov. 30, 2020

PACER
77

CURED DEFECTIVE REPLY BRIEF, [76], on behalf of Appellant Jeffrey Joseph in 21-963, FILED.[3103586] [20-3615, 21-963] [Entered: 05/19/2021 10:17 AM]

May 19, 2021

May 19, 2021

PACER
84

DEFECTIVE DOCUMENT, MOTION, to dismiss, [3113099-2], on behalf of Appellant Jeffrey Joseph, FILED.[3113178] [21-963] [Entered: 06/03/2021 11:15 AM]

June 3, 2021

June 3, 2021

PACER
88

MOTION ORDER, granting motion to dismiss appeal under docket number 21-963 [3113245-2] filed by Appellant Jeffrey Joseph, FILED. [3113519][88] [21-963] [Entered: 06/03/2021 03:30 PM]

June 3, 2021

June 3, 2021

PACER
89

CASE CALENDARING, for the week of 10/04/2021, PROPOSED.[3124978] [20-3615] [Entered: 06/23/2021 04:18 PM]

June 23, 2021

June 23, 2021

PACER
91

CASE CALENDARING, on submission for 10/07/2021, SET.[3154180] [20-3615] [Entered: 08/11/2021 09:38 AM]

Aug. 11, 2021

Aug. 11, 2021

PACER
92

SUBMITTED NOTICE, to attorneys/parties, TRANSMITTED.[3169034] [20-3615] [Entered: 09/07/2021 04:32 PM]

Sept. 7, 2021

Sept. 7, 2021

PACER
94

CASE, before DJ, SJM, JPC, SUBMITTED.[3188435] [20-3615] [Entered: 10/07/2021 10:48 AM]

Oct. 7, 2021

Oct. 7, 2021

PACER
95

NEW CASE MANAGER, Khadijah Young, ASSIGNED.[3197518] [20-3615] [Entered: 10/22/2021 09:00 AM]

Oct. 22, 2021

Oct. 22, 2021

PACER
96

SUMMARY ORDER AND JUDGMENT, affirming the judgment of the district court, by DJ, SJM, J. CRONAN, FILED.[3197532] [20-3615] [Entered: 10/22/2021 09:06 AM]

Oct. 22, 2021

Oct. 22, 2021

PACER
100

JUDGMENT MANDATE, ISSUED.[3211221] [20-3615] [Entered: 11/15/2021 03:09 PM]

Nov. 15, 2021

Nov. 15, 2021

PACER

Case Details

State / Territory: New York

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: 2016

Plaintiffs

Plaintiff Description:

An individual probationer who was ordered to wear and pay $11 a day for a Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelet (a total of $18,000 for the duration).