Know Your Rights: What to Say, When to Say It, and Why It Matters
- Gad Law Offices
- Jul 25
- 7 min read
Updated: Aug 18
Let’s be real: the criminal justice system doesn’t play fair, especially if you’re a person of color, poor, or marginalized. People get arrested for things they didn’t do. Police lie. Prosecutors overcharge. Judges throw the book at you just because they can. And if you don’t know your rights or (how to use them) the system will eat you alive and make it impossible to get out.
This guide is here to help you fight back. These are your rights, under the Constitution. They’re supposed to protect you, but they only work if you know them and use them. So attorney Sarah Gad is breaking them down one by one: what each right means, how to assert it, and why it could literally save your life, your freedom, or your future.
Your Right to Stay Silent (Fifth Amendment)
What it means: You don’t have to talk to police — and you SHOULD NOT. Not when they stop you. Not when they arrest you. Not in the back of a squad car. And definitely not in an interrogation room. You have the right to shut up — and you should, because nothing you DON'T say can ever be used against you.
What to say: “I don’t want to talk to you. I want a lawyer.”
Then shut your mouth. Do not explain. Do not argue. Do not answer anything.
Why it matters: They’re not trying to help you — they’re trying to trap you. Even if you're completely innocent, they will twist your words, take them out of context, and build a case around what you said. Once you speak, they can spin it however they want. Don’t give them that power.
Real talk: DON’T TALK. Police will act like only guilty people ask for lawyers or stay silent. That’s a lie. The people who keep their mouths shut have the best chance of walking free in the end. Don't try to be polite or clever — silence is your best defense.
The Miranda warning says it all:
“Anything you say can and will be used against you in court.” It does not say “Anything you say will help your case.” That’s because it won’t.
Your Right to Refuse a Search (Fourth Amendment)
What it means: Police can’t search you, your car, your house, or your belongings without a warrant or a legally valid reason. Most of the time, they don’t have one — so they just ask for your permission. Don’t give it.
What to say: “I do not consent to a search.” Say it clearly. Say it confidently. Say it even if they ignore you.
Why it matters: If you say “yes,” they don’t need a warrant. If you say “no,” and they search anyway, your lawyer may be able to get the evidence thrown out. This could be the difference between a conviction and a dismissal.
Real talk: Police will say things like, “You don’t mind if we take a look, right?” or “It’ll go easier if you just cooperate.” That’s bait. They’re trying to get you to agree to something they don’t have the right to do. Say NO. Always say NO. If they had a warrant, they wouldn’t be asking.
Your Right to a Lawyer (Sixth Amendment)
What it means: You have the right to speak to a lawyer before answering any questions — and to have one with you during any police questioning or court hearing. If you can’t afford one, the court has to give you a public defender.
What to say: “I want a lawyer.”
Simple as that. Then stop talking. Don’t let them talk you out of it. Don’t say anything else. No exceptions. Once you ask for a lawyer, they have to give you one. Even if you cannot afford an attorney, one will be appointed to you free of charge. That is how important the right to an attorney is if you are being questioned by police.
Why it matters: Once you ask for a lawyer, police are supposed to stop questioning you. Your lawyer knows how to protect your rights, stop illegal tactics, and keep you from being tricked or manipulated.
Real talk: People think asking for a lawyer makes them look guilty. Wrong. Asking for a lawyer makes you smart. Police and prosecutors have years of experience. If you try to handle it alone, you’re outmatched — and they like it that way. A lawyer will put a stop to it.
Your Right to an Effective Lawyer (Sixth Amendment)
What it means: You have the right to a lawyer who actually does their job. That means your lawyer has to defend you, investigate your case, meet with you, listen to your concerns, file the right motions, and fight for the best outcome — period.
What to say: “I feel like my lawyer isn’t representing me effectively.” Say it in court if you need to. Put it in writing. Ask the judge to address it. Talk to someone who can help.
Why it matters: A good lawyer can change the whole outcome of your case. But if your lawyer doesn't show up, doesn’t prepare, doesn’t talk to witnesses, or pressures you to plead without a real conversation — that's not help. That's harm.
Real talk: Too many people get steamrolled by bad lawyering. You deserve more than someone who just shows up and tells you to plead guilty. You deserve someone who fights. Someone who listens. Someone who explains the risks, and actually has your back.
🚩 Red flags that your lawyer may be ineffective:
They never review discovery with you
They don’t investigate or call witnesses
They don’t return your calls
They show up late or unprepared
They push you to plead just to "get it over with"
You have the right to question your representation. And if it’s bad enough, you may even be able to challenge your conviction later. Don’t be afraid to advocate for yourself — even when your lawyer isn’t.
Your Right to a Jury Trial (Sixth Amendment)
What it means: You have the right to have your guilt or innocence decided by a jury of regular people — not just a judge, not just a prosecutor. A jury listens to the evidence, hears your side, and decides if the government proved its case beyond a reasonable doubt. You don't have to prove anything. You just have to poke holes in the State's case (and it's easier than you might think).
What to say: “I want a jury trial.” If you insist, no one—not your lawyer, not the judge, literally no one—can stop you.
Why it matters: Judges work with prosecutors every day. Some of them are fair. Some of them aren’t. But a jury brings in fresh eyes and ears. And it only takes one person out of twelve people on that jury to say “Not guilty” and prevent a conviction.
Real talk: Too many people plead guilty — not because they did it, but because they’re scared. Scared of jail. Scared of what the judge might do. Scared of waiting months in jail with no bail. That’s not a fair choice — it’s a pressure cooker.
You don’t have to fold. If the case is weak, or the evidence is shaky, or the cops broke the rules — a jury might see that. You deserve your day in court. Don't give up your right to a trial unless you truly understand what you're giving up.
Do not plead guilty just because your lawyer wants you to. Demand to review the evidence, because you have a right to. Ask your lawyer candidly: what evidence do they have against me, and what evidence is in my favor? Who can we call as witnesses? What holes are there in the prosecution's case? Often times, it comes down to your gut instinct. If you’re unsure or feel pressured, ask your lawyer to explain the pros and cons, and get a second opinion if you need one.
Reminder: Once you plead guilty, you can’t undo it just because you regret it. Know your options. Know your rights. Don’t rush into a plea deal just because the system wants to move faster than justice.
Your Right to a Speedy Trial (Sixth Amendment)
What it means: The system is backlogged because we charge and incarcerate too many people. Our system would implode if every single person demanded a jury trial. But guess what? You have an absolute right to go to trial, and an absolute right to a speedy trial. If you demand a speedy trial and the trial is not held within 60 days, your case gets thrown out.
What to say: “I want a speedy trial.” (Your lawyer will file a formal demand.)
Why it matters: Delays can keep you locked up and pressure you into pleading guilty. Speedy trial rights hold the system accountable.
Real talk: They may try to drag it out so you give up. Don’t let them. Time should not be used as a weapon.
Your Right to Confront Witnesses (Sixth Amendment)
What it means: You have the right to see and challenge anyone accusing you. No anonymous statements. No secret witnesses.
What to say “I want to see and cross-examine the witnesses against me.” (Your lawyer will handle this.)
Why it matters: Cross-examination is how lies fall apart. If someone is going to testify against you, they need to show up and face questions.
Real talk: No one should be convicted based on gossip or a written statement. If someone is accusing you, they need to face you.
Your Right to Reasonable Bail and No Cruel Punishment (Eighth Amendment)
What it means: You can’t be held on excessive bail, and you can’t be given a punishment that doesn’t fit the crime.
What to say: “I’m asking for a reasonable bail amount.” (Your lawyer will argue this in court.)
Why it matters: Too many people sit in jail just because they can’t afford bail, not because they’re a danger. And when it comes to sentencing, the punishment should actually fit the case.
Real talk: Being broke shouldn’t mean being locked up. And a mistake shouldn’t cost you your whole future.
Bottom line: You Have Rights. Learn Them and Use Them So you Don’t Lose Them.
Quick reminder of what to say if you’re stopped or arrested:
“I don’t want to talk. I want a lawyer. I do not consent to a search.”
Say it once. Say it clearly. Then say nothing else.
✅ You don’t have to prove your innocence.
✅ You don’t owe them answers.
✅ You DO have rights — and you can use them at every stage.
You should make a brochure with this information. I work at a pharmacy on broadway and we have a lot of patients in contact with the system who could use this.