Post Conviction Relief
Comprehensive Post-Judgment & Appellate Advocacy
Post-Conviction Relief lets you challenge legal errors after a conviction and seek a “second look” at your case. Whether through a federal 2255 motion or a state post-conviction petition in Tennessee or North Carolina, each process has its own deadlines and requirements. Scroll to see which best fits your situation.
Adam Rodrigues Law has restored over 525 months of freedom to clients across Tennessee, North Carolina and federal court.
Federal Post Conviction Relief
Once you’ve been convicted in federal court, you essentially have four different paths to obtain federal post-conviction relief.
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Direct appeal of your conviction or sentence to the U.S. Court of Appeals.
Key Points to Consider:
You must file a Notice of Appeal within 14 days of your conviction being “final.”
Only errors your attorney objected to at trial are eligible for review
Actual-innocence claims (e.g., new DNA proof or recanting witnesses) are among the strongest grounds.
Appellate courts defer to the trial court’s factual findings unless they’re clearly erroneous.
If your lawyer failed to file the appeal notice on time, you may have a separate ineffective-assistance claim.
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Habeas corpus—Latin for “show me the body”—and is a collateral attack on your conviction or sentence—used when direct appeal avenues have been exhausted.
Key Points to Consider:
You must have pursued all available direct-appeal remedies (and state PCR for §2254) before filing
There is a strict one-year statute of limitations from the date your conviction becomes “final,” though exceptions exist for newly discovered evidence.
You choose the correct motion type: §2241 for general collateral claims; §2254 for state-court convicts; §2255 for federal convicts
Evidence of actual innocence (new DNA results, recanted testimony) or clear constitutional errors are your strongest grounds.
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Requesting to reduce or modify your federal sentence based on extraordinary circumstances.
Key Points to Consider:
You file your petition in the sentencing court; this does not challenge the validity of your conviction.
You must demonstrate “extraordinary and compelling” reasons such as serious illness, advanced age, or proven rehabilitation.
You generally start with a request to the Bureau of Prisons before petitioning the court directly.
You should expect the court to weigh public-safety concerns and sentencing-guideline factors.
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Executive relief in the form of a commutation or pardon, granted by the President.
Key Points to Consider:
You submit your petition through the DOJ’s Office of the Pardon Attorney.
You include a personal statement, evidence of rehabilitation, and letters of support.
You understand that clemency is highly discretionary and based on equity rather than legal error.
You benefit from early, thorough preparation and outreach to improve your chances.
Schedule a confidential consultation today to discuss the best option for you.
State Post Conviction Relief
Post-conviction relief rules and deadlines vary by state. Adam Rodrigues Law is licensed in Tennessee and North Carolina and has deep experience guiding clients through Tennessee post-conviction petitions and North Carolina’s MAR process—select your state below to learn more.
Tennessee Post-Conviction Relief: Getting a Loved One’s Case Looked at Again
Tennessee is one of the few states that guarantees a hearing—and appointed counsel if you file pro se—as soon as you seek post-conviction relief (PCR). Use the accordion below to explore more details.
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Step-by-Step Process:
File your post-conviction petition in the trial court within one year of your conviction becoming final.
Upon filing—even pro se—you automatically receive an evidentiary hearing and court-appointed counsel if indigent.
At the hearing, present evidence of constitutional or procedural errors in your trial or plea.
If you prevail, your conviction is vacated and the DA may choose to re-prosecute or negotiate a new sentence.
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You’re entitled to court-appointed counsel, but those attorneys often juggle heavy caseloads—our team is your dedicated to your case.
Tennessee’s strict one-year filing window means you need to act now to ensure we prepare and file a flawless petition before the deadline.
Vacating your conviction resets your case and risks harsher prosecution—we negotiate with DA to secure the best possible result on your behalf.
Identifying trial or plea errors is complex—our meticulous record review uncovers every legal mistake that strengthens your bid for relief.
Time is of the essence with Tennessee’s strict one-year filing deadline. Book your consultation today to secure dedicated representation and protect your rights.
Flat fees from $5,000 to $10,000 per stage. See Transparent Pricing.
North Carolina Post-Conviction Relief: Motion for Appropriate Relief (MAR)
North Carolina’s Motion for Appropriate Relief lets you challenge your conviction or sentence any time on grounds like ineffective assistance or new evidence, while certain limited claims must be filed within 10 days.
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Step-by-Step Process:
You file a Motion for Appropriate Relief in the trial court—most claims (ineffective counsel, new evidence) have no deadline.
For a small subset of statutory claims, you must file within 10 days of your judgment becoming final.
After filing, you’ll conduct any needed discovery (motions, depositions) to gather proof.
You present your case at an evidentiary hearing before the judge.
If the court vacates your conviction, you may obtain a new trial, a better plea deal, or outright dismissal.
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We bring deep North Carolina procedural expertise to your case, so you never miss a critical deadline or strategic opportunity.
With no rigid timeframe on most claims, we prioritize your strongest grounds first—ineffective assistance or new evidence—to maximize your relief.
We handle every step—from drafting precise motions to managing discovery—to give you a seamless, stress-free process.
With proactive negotiation and clear, compelling presentations at hearing, we pressure prosecutors to deliver the best possible outcome on your behalf.