about Engle + Giles

What should I look for in a criminal defense attorney?
First and foremost, hire someone you can trust. During the representation your attorney will explain many things and give you advice. If you don’t trust what your attorney tells you, then you will not have a beneficial relationship.

Second, you should find someone who has experience with cases similar to yours and a person with a track record of success. If a lawyer tells you “he has never lost a case,” he probably hasn’t tried many.

At Engle & Giles PC, we are confident in the service that we provide to our clients. David has been a successful trial attorney since 2000, and was formally a Deputy District Attorney in the Multnomah County drug and vice division. Barry has been a criminal defense attorney since 1995, and has successfully defended charges of all levels of crime.

What should I do if I am pulled over for DUII?
A police officer is allowed to stop you for a reasonable period of time to get your license, registration, and insurance to write you a ticket. Requests that you get out of your car or that you perform field sobriety tests are voluntary on your part. The police are trained to authoritatively say “Sir, will you step out of the car please?” They say it in a way that the average driver will comply. Unfortunately, if you refuse to do the field sobriety tests (walk a straight line, balance on one leg, etc.); the state can often use this against you in trial. Stated generally, a failure is worse than a refusal. We generally recommend that you contact an attorney prior to consenting to field sobriety tests or to exit your car.

You should compare this to a demand that you exit your car or submit to arrest. You should never resist arrest because Oregon law makes it an A Misdemeanor to resist even an unlawful arrest.

Should I consent to a breathalyzer?
This is a tough decision and is really dependant on the circumstances. Like any other request by the police, the breathalyzer is voluntary. However, there are severe penalties for refusing a breath exam, such as; increased license suspensions or a separate misdemeanor charge, and the refusal sometimes will be used against you in court.

The law allows you a “reasonable opportunity” to contact an attorney before deciding to blow into the breathalyzer.

At Engle & Giles PC, we offer 24 hour “on call” service to help answer the question of whether to consent to a breathalyzer or some other police action. Call us anytime to help you make this important decision.

What if I am contacted by the police?
Among your important constitutional rights is the right against self incrimination. Whether you are under arrest or not, you DO NOT have to speak to the police. If you are contacted by the police as a witness, a suspect, or a “person of interest” in a case, I generally advise that you request an opportunity to talk to counsel. When you make that request all questioning must cease. The police may even threaten to arrest you if you don’t speak to them. Generally if they arrest you, they were going to anyway and your statement likely will not deter them.

What should I do if I am in an accident?
The atmosphere immediately following an accident is usually chaotic, emotionally charged and at times disorienting, which can make it difficult to do the right thing. If you are involved in an accident, there are a number of important actions that you should take while at the scene to ensure your safety, follow the law and protect any potential claim.

Check to see if you are injured. If you or anyone involved is seriously injured call the police. If you are on a highway, busy street or are in danger of being struck by traffic, pull off of the roadway. If there is no shoulder available pull off into the nearest parking lot or side street.

Exchange identification information with the other driver and fill out a DMV Oregon Traffic Accident and Insurance Report within 72 hours of the accident if it resulted in $1,500 damage or more to any vehicle or property or if anyone was injured or killed.

Do not apologize or admit liability. At first, it may seem to you that the accident was your fault and like it is the right thing to do, but there are several factors, that you may be unaware of that are used to determine liability. Document any damage to the vehicles involved and any injury to a person, if safety allows take pictures of the vehicles involved, the accident site and any visible injuries. Get the names, phone numbers and addresses of any witnesses.

What if I am contacted by the insurance company?
Once the accident has been reported, you may have to deal with a number of insurance companies and multiple claims people. It is very important that you know the players and understand their roles.

Your own insurance company may call you and ask for information. The policy that you signed most likely requires you to cooperate with your insurance company in order to be eligible for benefits like personal injury protection (PIP).

If the other driver’s insurance company calls, they will probably ask to take a recorded statement. You are under no obligation to cooperate with them. Any statement given to the opposing insurance company will most likely be used against you in an effort to minimize your claim.

Should I try to settle my own claim against the insurance company?
Insurance companies are in the business of making money. That means that they are almost never going to offer you the fair value of your claim. They process millions of claims every year and are very familiar with the system.

You, on the other hand, are not and the insurance companies will use this to your disadvantage. Most people unfamiliar with the system think that by not hiring an attorney and dealing directly with the insurance company, they can save money. The reality is most attorney settlements or verdicts greatly exceed what the average person could have accomplished by themselves.

What should I look for in a civil attorney?
You should hire someone who knows the system inside and out. At Engle & Giles PC we have experienced how insurance companies work from the inside and we use that information against them for the benefit of our clients

Disclaimer: The preceding is general information and is not intended to be advice for any specific situation. You should speak to a qualified attorney like those at Engle & Giles PC, about your specific situation before deciding how to proceed in your circumstances.