Debunking the Top 5 Myths About Post-Conviction Relief

3 Min. Read

Think you can’t appeal a guilty plea? Or that innocence alone wins? We dispell the top 5 most commons myths about post-conviction relief—fast, factual, and with actionable insights.

TL;DR

• Post-conviction relief is limited, evidence-driven, and deadline-sensitive.

• Guilty pleas don’t block all challenges; ineffective counsel claims remain.

• Missing a deadline isn’t fatal, but equitable tolling is rare.

• Innocence must be proven within legal standards—not just believed.

• Attorney mistakes matter only if they caused prejudice to the outcome.

The Top 5 Most Common PCR Myths:

Navigating the legal system, especially after a conviction, can feel like an uphill battle. Many individuals hold common misconceptions about post-conviction relief that can lead to false hopes or, conversely, a sense of despair. Adam Rodrigues debunks the five of the most prevalent myths surrounding post-conviction relief with the facts.

Myth #1: “A guilty plea means you can’t appeal.”

False! While pleading guilty often means waiving many of your rights to appeal, there’s a significant exception: ineffective assistance of counsel. If the record shows your lawyer’s performance was so poor it constituted ineffective assistance, you may still have grounds for relief. This is the Strickland test and where you must prove: (1) deficient performance and (2) that the mistake prejudiced the outcome. In plea cases, Hill v. Lockhart asks the key question: would you have rejected the plea and gone to trial if you’d had competent advice?

Two more points people miss:
• Even with an appeal waiver, if you told your lawyer to appeal and they didn’t file the notice, courts presume prejudice (Garza v. Idaho).
• A guilty plea doesn’t stop you from challenging the constitutionality of the statute you pled to (Class v. United States).

Action steps: Pull your plea transcript, written plea forms, texts/emails showing advice, and (if you’re not a U.S. citizen) anything about immigration consequences—bad or missing deportation advice is classic Padilla territory.

Key takeaway: A plea closes many doors—not all. If counsel’s bad advice changed your decision, you still have a lane. Ineffective assistance requires two showings.

• First, that counsel’s performance fell below reasonable standards

• Second, that the mistake changed the result (the “prejudice” prong). This is the

  Guilty pleas can still be challenged when bad advice made the plea involuntary or uninformed (e.g., wrong sentencing exposure or immigration advice). extends Strickland to plea cases.

Myth #2: “If you miss the deadline, it’s over.”

Not necessarily. While there are extremely strict deadlines in some jurisdictions, missing a filing deadline doesn’t always mean the end of the road. For federal habeas, there is a strict one-year deadline for most state prisoners (AEDPA) and each state has it’s own deadlines that need to be followed as well. See our Post-Conviction page for federal, NC, and TN post-conviction process and deadlines.

Still, there can be arguments for equitable tolling, which lets a late petition proceed for extraordinary circumstances—e.g., egregious attorney misconduct (Holland v. Florida) and “actual innocence” gateways can excuse lateness in rare cases like in McQuiggin v. Perkins. Although uncommon, building a date-stamped timeline (final judgment, transfers, requests for records), saving proof of diligence (receipts, grievances), and matching your facts to a recognized tolling theory (attorney abandonment, serious mental impairment, lockdowns that actually prevented filing) could be a path success. See our Criminal Appeals Deadline Guide here.

| Key takeaway: Know your deadlines by jurisdiction and preparing accordingly. Late is survivable only with documents that show diligence plus a recognized obstacle or a credible innocence gateway.

Myth #3: “Open-and-shut cases move fast.”

Almost always untrue! Even with seemingly undeniable evidence like clear DNA or an airtight alibi, post conviction relief can take months, a year, or longer. The wheels of justice turn slowly as you face lab queues, briefing schedules, evidentiary hearings, and appeals. Having the proof doesn’t guarantee the court will immediately agree to the remedy you want. Date from the National Registry of Exonerations reported that people exonerated in 2023 lost an average of 14.6 years before being cleared. Plan for a marathon, not a sprint.

| Key takeaway: Treat this like a marathon, not a sprint. Lock down chain-of-custody, get expert reports and declarations, and mark you calendar with every deadline. Plus, assume you’ll need to prove the same point twice—once in trial court and again on appeal. Lastly, pair your evidence with the right legal vehicle (new-evidence statute, Brady v. Maryland, ineffective assistance).

Myth #4: “Innocence is the most important thing.”

Sadly, not in isolation. In post-conviction and criminal law, what matters most is what you can prove. Your conviction of innocence or even the factual truth of innocence, unfortunately is not the main question. Courts ask whether you can prove a legal gateway to relief. A freestanding innocence claim is generally not a basis for federal habeas (Herrera v. Collins). Instead, innocence often operates as a gateway requiring new, credible evidence for the court to hear otherwise-barred constitutional claims (Schlup v. Delo; McQuiggin v. Perkins.).

What counts as “new” and credible evidence? Modern DNA testing, undisclosed Brady material (ie. if the State sat on evidence that would have mattered), trustworthy recantations, or advances in forensics. Plus, the showing must be strong enough that no reasonable juror would convict in light of the new proof.

| Key takeaway: Pair new evidence with a recognized legal hook, document diligence, and expect a long runway.

Myth #5: “An attorney mistake guarantees relief.”

Not automatically. Under the Strickland standard, even if your attorney made an “objectively unreasonable decision,” aka a big mistake and it’s clear that the attorney screwed up, unfortunately, that doesn’t automatically win relief. First, you also have to prove the “error would prejudice the outcome” or in plain English, the screw-up was bad enough that it determined the outcome of the case.

Where clients actually win:
• Plea-stage errors: The attorney never conveyed a favorable offer (Missouri v. Frye) or they gave you bad advice that directly led you to rejecting a better deal (Lafler v. Cooper).
• Immigration advice: The attorney not warning you about deportation risk (Padilla v. Kentucky).
• Failure to investigate: The attorney failed to investigate crucial alibi or DNA where the missing proof likely would have changed the verdict.

| Key takeaway: If your lawyer’s mistake cost you a better deal, the law can rewind the tape to that moment. However, you still have to prove you’d have taken the deal, it would’ve stayed on the table, the judge would’ve okayed it, and you’d be better off. When you prove all that, courts still don’t hand out windfalls—they recreate the lost bargain as closely as possible.

Post-conviction relief doesn’t have to be confusing.

If you’re weighing options after a conviction or plea, call Adam Rodrigues Law for clarity and direction. We’ll help answer your unique questions, triage deadlines, find the right legal theory, and build an evidence plan right for you.

Call Adam Rodrigues Law 615-270-2074 now or book your private consultation today.

FAQs

• What’s the difference between a direct appeal and post-conviction?

  A direct appeal challenges legal errors in the trial record. Post-conviction lets you raise issues that usually need facts outside the record (ineffective assistance, new evidence, Brady). Different rules, different deadlines—both matter.

• What is a Brady violation?

  The State must disclose favorable evidence—proof of innocence or anything that undermines a witness. To win, show it was favorable, suppressed, and material (a reasonable probability the result would’ve been different). If the State sat on it, courts take that seriously.

• What counts as ineffective assistance of counsel?

  Two parts: deficient performance + prejudice (it changed the outcome). Common winners: the lawyer never conveyed a favorable plea (Frye), gave bad advice that made you reject one (Lafler), immigration misadvice (Padilla), or failure to investigate crucial alibi/DNA.

• Can new evidence reopen my case?

  Sometimes. You need new, credible evidence plus a legal hook (e.g., Brady, newly discovered-evidence statute, or an innocence gateway). The standard is high: in light of the new proof, no reasonable juror would convict today.

• What is the deadline for post-conviction relief?

  Federal habeas for state convictions has a one-year clock (AEDPA). States vary. Late filings rarely survive unless you prove diligence plus extraordinary circumstances (equitable tolling) or a narrow actual-innocence gateway. Bottom line: mark you calendar for everything and act today.

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Last Updated: September 18, 2025; For continued reading, review our Post-Conviction page.

Quick Case Law References

Strickland v. Washington (defect + prejudice); Hill v. Lockhart (plea standard); Garza v. Idaho (presumed prejudice when lawyer won’t file appeal on request, even with waiver); Class v. United States (guilty plea doesn’t bar constitutional challenge); Holland v. Florida & Menominee Indian Tribe of Wisconsin v. United States of America, et al. (equitable tolling); McQuiggin v. Perkins & Schlup v. Delo (innocence gateways); Brady v. Maryland (suppressed exculpatory evidence) Herrera v. Collins (federal habeas)