She had already filed it with the courts and was mailing me a copy so that I could join in praying over it with her.
It was called an “Ex Parte Motion to Correct Defendant’s Presentence Custody Credits.”
Basically, when my mom finally got tired of fighting her case (3 yrs) and agreed to take a deal, somehow, they got her to “agree” to let them “keep” the 3 years she had already served. In essence, her time started the day she was sentenced.
But, this person in jail helping her with her legal stuff found that this was unconstitutional and figured out the loopholes somehow to the Ex Parte Motion request.
Ex Parte Motion to Correct Defendant’s Presentence Custody Credits
The irony is that people inside have been telling her for a couple of years now that this can be corrected. So, she’s been asking for out help, without success.
It was just too much for any one person to deal with after we finally got settled down from the whole ordeal. And, we are not exactly a “come together” type of family. Which meant that she had to turn to someone in prison with her to help her with the legal issue of the Ex Parte Motion.
Don’t get me wrong. I’ve told you before that my entire family supports my mother. We all do what we can. That’s what I requested in the beginning when people asked me what could they do to help. I simply told everyone, “Everyone has a part. Just figure what your part is, and do it.” And, everyone has. But, there were major reasons why we could not help her with this Ex Parte Motion to Correct Defendant’s Presentence Custody Credits request:
- Money. There are only two financially secure (rich) people in our family. The rest of us are all struggling to get back on top. Who has the money to invest in this Ex Parte Motion ? Attorneys were asking for $5,000 just to sit down and consult on this. And those two people help her financially as it is. It’s too much to ask that they do this alone just because they have it.
- Faith. Those of us who are skeptics, didn’t even believe it was possible for her to get that time back. We just assumed that since she agreed to it in court during her sentencing, it was etched in stone. We figured it was a losing battle that we did not have the strength to fight. And those that did believe, did not have the strength (or money) to fight the battle alone.
- Strength. I have to mention this one again. It took so much out of those of us who were so close to my mom to get through the three years of fighting, and the initial shock of her actually being in the pen. Once the dust settled, the crying finally stopped, and relationships with the sober her started to rebuild, most of us didn’t have the strength to even think about starting a new fight. Personally, on the selfish tip, I just wanted her to do her time and let me try to put my life back together. I needed to work on ME for a while.
Now that my mother has found someone inside that she can count on to help her with this struggle, I can “do my part” instead of being in control. It took me a long time to learn the difference between supporting her and enabling her. Now that I know the difference, I see the negative affect it had on me, personally.
Supporting her means that she fights her own battles and I’m in her corner to root her on, bandage her up, give her water, pump her up, towel her sweaty face, etc… Enabling her means I push her out of the way and fight all the rounds for her. That is unhealthy for the both of us.
As of now, due to the research and diligence of her and her “Friend Inside”, I am intrigued. I will be researching this subject, finding old cases, seeking affordable legal assistance, etc… I am just looking for someone to advise HER on steps SHE needs to take to move this Ex Parte Motion along. She is finally fighting for herself again. She just needs me in her corner. I love my mother. I will support her through this!
Check out this cool video about how one man uses his love for music and dance to help change the lives of women in a maximum security prison. Prisoners at Maldon’s Tarrengower Prison are the focus of a television choir program Jail Birds which was previously broadcast on TV ABC1.
Renee Patterson writes prison stories, prison news and famous prisoners’ bios. She’s a prison daughter, prison sister and prison cousin. Renee has published eBooks about prison wives, prison fiances, prison husbands, prison kids, prison parents and other prison loved ones. She currently writes news for the Prison Rideshare Network related to the injustices within the CDCR prison system.