Ask Ernie the Attorney

Ernest Warren Jr. has practiced law since 1989 and his primary practice is personal injury, real property, corporate, and criminal practice in Oregon and Washington.

Contact information: (503)-228-6655

Client Question: The police have been asking around for me. What should I do?

Ernie:

If you cannot afford an attorney, you have a Sixth Amendment right to an attorney. Despite popular belief to the contrary, it is my opinion that a public defender is better than nothing at all. Both private and public attorneys are unanimous in saying you should not speak with law enforcement alone.

You should immediately hire an attorney to intervene to the police on your behalf. An attorney may inquire whether you have a warrant for your arrest or find out if you are seriously of interest to law enforcement. Sometimes your issues can be explained without the need for an exhausting investigation or charges.

Do not try to get verbally aggressive with any one in law enforcement because you do not have the right to resist a lawful arrest and if you do, you may get hurt and charged with resisting arrest. So, the best practice is to yield to arrest and ask to speak with an attorney before answering questions from law enforcement. First speaking with your attorney is your Sixth Amendment right.  

Client Question: I just got into a car crash. Why should I get an attorney when I can handle it myself? 

Ernie:

When you are in an automobile accident, there are many things to consider that an attorney may be aware of and you may not be aware of. For example, you have an affirmative duty to cooperate with your insurance carrier, but you do not have to cooperate with the other party’s insurance carrier because other party’s insurance interests are adverse to your interests.

You may not consider the identification of witnesses and other evidence. You may be inadequate to explain your injuries or negotiate a settlement. Stay abreast of the areas of the law that benefit you when evaluating an automobile accident case. 

Client Question: Do I have the right to carry my gun because I am scared for my family with these crazy crimes going on? 

Ernie:

If you have been convicted of a felony or crime of domestic violence, generally, you DO NOT have a right to carry a gun. If you have no prior criminal history and no psychological impairment, you may apply to local law enforcement for a permit to carry a firearm. Remember that every city and every state have different rules regarding carrying weapons. 

Generally, you have the right to bear arms to defend yourself under the Second Amendment. With that right comes the responsibility to handle weapons safely. The best practice is to always put safety first. 

DISCLAIMER: The content of this article are for entertainment purposes only. This article is not an offer of an attorney/client relationship nor is it to be considered as advice of counsel.