A quick word to friends who are considering engaging in civil disobedience. Be prepared! If you disobey police orders, you are subject to arrest.

The police have broad power to enforce public order. During a protest, instigators are subject to arrest for “public order offenses” such as affray and disturbing the peace. Though the Boston Police tend not to arrest people in en-masse, if you repeatedly disobey an officer’s order, you will probably be arrested. (Note, State Police and Federal law enforcement agencies tend to be more aggressive).

More on resisting arrest… the Massachusetts Model Jury Instructions state:

“A person commits the crime of resisting arrest if he knowingly prevents or attempts to prevent a police officer . . . from effecting an arrest of [himself] or another by using or threatening to use physical force or violence against the police officer or another […]”

This language means you can get arrested for resisting yourself or attempting to help another resist. Also, the language allows arrest upon the “threat” of use of physical force. Individuals who do in fact use physical force against an officer will likely also be charged with Assault and Battery on a Police Officer (ABPO). Note: even the slightest application of force can be the basis for an ABPO charge.

After arrest, comes booking at the police station. At this point, most people are released, either on their personal recognizance to show up in court or by paying bail. Again, the police set this initial bail, and if a lot of people are being arrested, you may have to wait hours to be booked.

Upon release, you will be given a time to appear in court. That’s when to contact me! The sooner you have an advocate working on your case, the better.

That short of this is, if you are contemplating arrest, have someone to call who will post your bail! Write down that number and keep it on your body; assume your phone will be inaccessible.

To those advocating for justice and radical equality, thank you! As you take to the streets, be smart in your tactics.