April 11, 2024

As the United States continues to support and fund genocide in Palestine, demonstrations and protests are happening all over Western Massachusetts. While the Constitution protects our right to peaceably assemble, demonstrators sometimes find that this right is not respected or even recognized by police.  

If you plan on attending an action, there are some key facts you should know about your rights. Here is a brief list of FREE online resources to help you prepare for any potential negative interactions with law enforcement. 

PLEASE NOTE: None of this information is meant to be legal advice. If you are arrested while protesting, please invoke your right to speak to a lawyer and call Contrada Law: (413) 341-9219.

1. Know Your Rights for Protestors
   By: National Lawyers Guild

The National Lawyers Guild (NLG) is an organization of lawyers, law students, and legal workers with the mission of functioning as “an effective force in the service of the people by valuing human rights and the rights of ecosystems over property interests.” The NLG has been defending the rights of organizers, activists, and protestors for decades. They offer a variety of literature, including this Know Your Rights booklet. The booklet is best utilized before attending actions and is available in English, Spanish, Arabic, Bengali and Urdu.

If you are an organizer, please also check out the NLG’s Legal Observer Program. Legal Observers are trained volunteers that attend and observe demonstrations, holding police accountable for any unconstitutional actions. 

2. Know Your Rights: Demonstrations and Protests
   By: ACLU of Massachusetts

The American Civil Liberties Union (ACLU) of Massachusetts exists to protect the rights enumerated in the United States Constitution and the Massachusetts Declaration of Rights. This webpage answers some basic frequently asked questions about the right to peacefully assemble. It is best reviewed before attending an action. 

3. You Have the Right to Remain Silent: A Know Your Rights Guide to Law Enforcement Encounters

By: National Police Accountability Project & National Lawyers Guild

If you find yourself under arrest at a protest, one of the most important things you can do is invoke your rights to remain silent and to speak to an attorney. You should provide the police with your name, ID, address, and any medical needs. Then, you should clearly state, “I am invoking my rights to remain silent and to speak to an attorney.” Then stop talking. Seriously. Stop. Anything you say beyond this can be used against you in court. This guide explains the importance of knowing those rights and offers other tips for interacting with law enforcement. 

4. The Bail Process: Arrest to Arraignment

By: Massachusetts Court System

If you’ve never had an interaction with the courts or criminal justice system, getting arrested is terrifying and overwhelming. The Massachusetts Court System has put together this guide that explains what should happen from the time you are arrested until your first court appearance. 

5. Western Mass Bailout Project

By: Decarcerate Western Mass

Decarcerate Western Mass is a coalition that supports people who are incarcerated or recently released from incarceration. Their Bailout Project offers funds to bail people out of jail in Hampshire and Franklin counties. If you have been arrested and cannot post bail, you can ask a friend, family member, or attorney to fill out an application for funds. The project is able to offer up to $1,500, on a case-by-case basis. 

Remember, peaceful protest is a right protected by the United States Constitution. If you or someone you know has been arrested while exercising this right, free legal support may be available. 

Call or text Contrada Law: (413) 341-9219.

February 1, 2024

In addition to her private practice, Attorney Contrada will soon serve as a bar advocate in the district courts of Hampshire County. Many people ask, "What is a bar advocate?" and "What is the difference between a bar advocate and a public defender?"

Here's a quick overview of what it means to serve as a bar advocate and how it differs from a traditional public defense role.

Bar advocates work as part of the Committee for Public Counsel Services (CPCS). CPCS is the state's public defense agency. CPCS is in charge of providing legal representation to those who cannot afford it in criminal,  mental health, and family law matters. 

CPCS employs hundreds of lawyers across the state to serve as public defenders. Unfortunately, there are more cases than they can handle. That's where bar advocates come in.

Just like public defenders, bar advocates are attorneys who are paid by the state to provide legal representation to indigent clients. Bar advocates receive the same training as public defenders and provide the same level of representation.  

The difference is, bar advocates are private attorneys and are paid as independent contractors rather than traditional state employees. 

Only a portion of a bar advocate's business is devoted to public defense. Most bar advocates maintain  private practices in addition to serving as bar advocates. This is a great option for attorneys who are interested in practicing both criminal and civil law.

Bar advocates are assigned days in which they are "on duty" in the courts. New cases that day for which a defendant qualifies for free legal representation will be assigned to the bar advocate. In general, the bar advocate will work with that defendant throughout their entire case. 

For more information about bar advocates in Massachusetts, check out the Bar Advocate Program Directory: https://www.publiccounsel.net/dir/bar-ad-offices/