Giving Up Is Not An Option

by Joseph Chiappetta, Jr.
On April 2nd 2007, I was given a new lease on life. My hope is that this story gives hope to others facing what I was recently living with. Leaving prison as old man or dying of old age before that release. On October 3rd, 2001 I received a 35 year sentence in the Arizona Department of Corrections for a non-violent theft case, I was completely guilty and without much hope of finding actionable appellate issues to mitigate the sentence. Even having great legal issues and presenting them properly is no guarantee of gaining relief. That’s a hard pill for most incarcerated felons to swallow but it’s still a fact.

For nearly six years I had been appealing my own sentence while working within the prison to help other inmates achieve educational goals and prepare for their releases. I was able to successfully write and publish a manual/self help book on these subjects and have several of my articles published in various respected magazines like Prison Living Magazine and Fortune news. During those six years many of my fellow inmate students were shocked when they eventually learned the true length of my sentence. Most of this surprise was due to my high energy levels, positive attitude and sincere desire to devote most of my available time to helping others.

Don’t get me wrong. I’m not saying that my work is selfless. In fact, many would argue that my position not only makes my own situation much more tolerable but also many tangible benefits. I am the first to acknowledge these facts. There is truly no greater feeling than that, which comes from helping others to improve their lives. What I didn’t know was that my own life was about to greatly improve.

As I said earlier, I was completely guilty of my crimes. I also did my best to aggravate matters by insulting the judge, prosecutor and even failed to appear for my own trail. While on the run as a fugitive, I taunted authorities and thumbed my nose at the entire legal system. I truly deserved a hand slap of reality and on October 3rd of 2001 I got it…35 years worth. One evening in March of 2007I was on my way to church when I heard my name called for legal mail. When I finished reading the letter I could barely remember the walk from the mailroom to the chapel.

The letter was from my attorney and it informed me that I had not only won my Petition for Post Conviction Relief but that I had been scheduled for a mitigation hearing and a re-sentencing on April 2nd 2007. At 12 pm on that date my sentence was reduced from 35 years to 20 years. Instead of 2030, I now look forward to going home to my family in less than 10 years..even less than that if I am granted further relief.

During the eight plus years of my time in prison I held firm to the belief that we as people participate in forming our own reality. That we as humans create the circumstances of our lives. Whether you believe in “The Law of Attraction” as quoted by The Secret or you live a ‘faith based’ lifestyle, the fact remains that we all live in the circumstances that we ourselves create. In my own case I was focused on living a clean and productive life in prison and also working hard to help others do the same. I also held to one major belief..that ‘giving up ‘ was not an option..

I am now sharing this message with everybody I can. Belief, faith and positive thinking are not enough. We must ACT on our beliefs. If you want positive results, you must work hard for them and NEVER give up. When things look completely hopeless and you feel completely helpless, that’s the time of your greatest strength. The strength that comes from staying focused upon your objectives, goals and personal beliefs. Many people believe that their legal issues are the only relevant matters involved while appealing a conviction. I am living proof that this is not the case. It is important to live the kind of life that you wish to have on the street while doing your time…not excusing poor behaviors and decisions on the fact that you are in prison. Giving up on yourself is not an option.

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