El Paso Local Area Business Talk

Podcast Summary: Comprehensive Guide to Personal Injury Law with Karl Luth

In this episode of the El Paso Local Business Area podcast, host David sits down with Carl Luth of the Law Office of Karl Luth. The conversation serves as an essential "miniature education" for anyone in the El Paso area who has been injured and is considering hiring a personal injury lawyer. Luth breaks down the complexities of the legal process, the importance of immediate medical attention, and how his firm navigates the tactics used by insurance companies to ensure victims are "made whole."

The "Golden Rule" of Post-Accident Care

Luth emphasizes one critical piece of advice: Seek medical attention immediately. Many victims make the mistake of waiting because they feel "fine" due to the adrenaline of the moment.

• Documentation: Medical records from the ER or a hospital provide the necessary paper trail to prove that injuries—such as whiplash or internal soreness—are directly tied to the specific incident.
• Delayed Symptoms: Injuries often manifest days or even a week later. Without immediate documentation, insurance companies will argue that the injury is unrelated to the accident, significantly devaluing the claim.

Navigating Insurance Tactics & Maximizing Compensation

A major highlight of the discussion is why an advocate is necessary. Insurance companies are not in the business of paying out fair settlements; their goal is to pay as little as possible. Luth’s firm uses the best practices for case management by building a robust "case file" that is difficult for insurers to ignore.

• The Expert Team: Luth’s staff includes professionals with backgrounds in medical billing and the insurance industry. They understand "behind-the-scenes" procedures and how to read medical codes to justify the true value of an injury.
• Calculating Damages: Compensation isn't just about current bills. It factors in imaging (MRIs/CT scans), chiropractic care, physical therapy, and—crucially—future medical treatment required to manage long-term effects.

Common Mistakes and Misconceptions

Luth identifies several errors that can hinder a case:

1. Gaps in Treatment: Skipping physical therapy or chiropractor appointments gives insurance adjusters "room to argue" that the injury isn't severe.
2. Uninsured Motorists: In El Paso, many drivers lack insurance. Luth clarifies that if you have "Uninsured Motorist" or "Personal Injury Protection" (PIP) on your own policy, you can still recover damages even if the other party is broke or uninsured.
3. Fear of Premiums: Victims often avoid filing a claim on their own insurance because they fear a rate hike. Luth points out that if the other driver is already filing a claim, the incident is already on record; by not filing your own, you are simply denying yourself the benefits you already paid for.

The Contingency Model: Zero Upfront Cost

For those worried about the cost of a personal injury lawyer, Luth explains the "Letter of Protection" (LOP) system.

• Free Consultations: The firm provides information first, ensuring the client is well-informed before making a decision.
• No Out-of-Pocket Expenses: The firm covers all upfront costs for medical evaluations and imaging. They are paid only when the case is settled, meaning there is zero financial risk to the client to pursue what they deserve.

Contact & Firm Details

• Attorney: Law Office of Karl Luth, PLLC
• Address: 1790 North Lee Trevino, Suite 516, El Paso, TX
• Phone: 915-213-2025 (Available 24/7)
• Website: truthlaw.org

Divorce is more than just a legal procedure; it is a life-altering transition that requires both legal precision and emotional resilience. In this podcast episode, Abbie Laine, the founding attorney of Laine Law Firm, PLLC, provides a comprehensive look at the realities of filing for divorce in El Paso, Texas. From common legal pitfalls to the intricacies of community property.

The Dual Role of a Family Lawyer

Abbie begins by explaining why she was drawn to family law. Unlike other legal fields, being a divorce lawyer often involves a significant counseling component. While attorneys aren't therapists, the personal nature of divorce means that a lawyer must be prepared to help clients navigate the heavy emotional burden that comes with ending a marriage. This empathetic approach is central to the representation provided at Laine Law Firm.

Understanding Texas "No-Fault" Divorce

One of the most frequent questions Abbie receives is about Texas being a "no-fault" divorce state. In the past, Texas required specific proof of "fault," such as infidelity, to grant a divorce. Today, the law has evolved to allow for "insupportability." This means you can seek a divorce simply because the marriage is no longer working—you don't need to prove your spouse did something wrong to be granted a decree.

Timelines and the 60-Day Rule

If you are looking for a quick resolution, the absolute minimum time for a divorce in Texas is 60 days. However, this timeline only applies to an uncontested divorce, where both parties agree on every single term, from asset division to child custody. If even one issue is disputed, the case becomes a contested divorce, which typically takes six months to a year to resolve in the El Paso courts.

Avoid These Common Divorce Mistakes

Abbie warns that certain behaviors during litigation can severely damage your case. The top three mistakes she sees are:

1. Hiding Assets: Attempting to conceal property or bank accounts often backfires. Judges may award the other spouse a larger portion of the estate as a punitive measure for fraud.
2. Social Media Missteps: Many believe their posts are protected by "freedom of speech," but in court, photos of partying or spending can be used as evidence of parental unfitness or undisclosed income.
3. Withholding Children: Using children as leverage by refusing visitation makes a parent look unstable to a judge and can lead to unfavorable custody rulings.

Property, Debt, and the Family Home

As a community property state, Texas law presumes that anything acquired during the marriage belongs to both spouses. This includes salaries and retirement contributions made during the marriage, even if an account is in only one name. The only way to protect these earnings as separate property is through a prenuptial agreement.

When it comes to the family home, Abbie outlines two paths: one spouse buys the other out by paying 50% of the accrued equity, or the house is sold and the proceeds are split. Debt, including credit cards and car loans, is also generally divided 50/50, though a judge may assign more debt to a higher-earning spouse.

Post-Divorce Logistics

The legal work doesn't end when the judge signs the decree. Abbie emphasizes the importance of "tying up loose ends," such as filing a Special Warranty Deed to transfer home titles or obtaining a Qualified Domestic Relations Order (QDRO) to divide retirement accounts.

Contact:
Laine Law Firm, PLLC
Address: 700 N Stanton St #200, El Paso, TX 79902
Phone: 915-200-4316
Website: https://lainelawfirm.com

Child support is often one of the most stressful and misunderstood aspects of a family law case. In a recent podcast episode, Abbie Laine, founding attorney of Laine Law Firm, PLLC, sat down to demystify the intricacies of the Texas child support system and how it specifically impacts families in the El Paso border community.

The Basics: Who Pays and How Much?

In Texas, child support is determined by which parent the court designates as the primary or custodial parent. The other parent, known as the obligor, is responsible for monthly payments.

The standard percentages for calculation are:

• 1 Child: 20% of net resources
• 2 Children: 25% of net resources
• 3 Children: 30% of net resources

Abbie highlighted a critical 2026 update: the income cap for these calculations has increased to $11,700 per month in net resources. For high-income earners in El Paso, this means their obligation could be significantly higher than in previous years.

The Border City Challenge: Cash Trades and Undocumented Workers

El Paso’s unique status as a border city brings specific challenges, particularly when parents work in the "cash trade." Abbie explained that enforcing support in these cases is more complex but not impossible. Her firm utilizes tax returns, bank statements, and lifestyle audits to prove income. Furthermore, if a parent refuses to work, the court may find them "intentionally underemployed," presuming an income of at least minimum wage for support calculations.

The Trap of Direct Payments

One of the most valuable warnings Abbie shared involves the method of payment. Many parents mistakenly believe that paying via Cash App, Venmo, or physical cash is sufficient because it leaves a digital trail.

However, without an official record through the Attorney General’s Child Support Division, a parent can deny receiving the funds, leading to costly enforcement actions. Abbie strongly advises all parents to pay through the local Attorney General's office—such as the location on Hawkins Blvd—to ensure every cent is tracked and credited.

Consequences of Non-Payment: It Never Goes Away

Unlike standard consumer debt, child support is a legal obligation that cannot be discharged. If you fall behind, you face severe consequences, including:

• Jail Time: Since it isn't considered "debt" by the Texas legislature, you can be incarcerated for non-payment.
• Life-Long Accrual: Support debt never expires. It continues to accrue interest and can even be collected from your estate after death.

When Life Changes: The Need for Modification

If you lose your job, Abbie’s advice is clear: file for a modification immediately. You cannot retroactively reduce your debt; the obligation only changes once a new court order is signed. Generally, you can request a modification every three years, though a "material and substantial change" in income or circumstances can allow for a review much sooner.

Beyond the Check: Medical Support and 50/50 Custody

Child support often includes an "umbrella" of medical support, covering expenses like health insurance and even braces. Even in 50/50 custody arrangements, a parent making significantly more may still be ordered to pay "offset" support to ensure the child enjoys a consistent standard of living in both homes.

Protect Your Family’s Future

Whether you need an uncontested divorce or a fierce child custody attorney, understanding the "whole picture"—including conservatorship and visitation—is essential before you file.
Laine Law Firm, PLLC
Phone: 915-200-4316
Website: lainelawfirm.com
Location: 700 North Stanton St., El Paso, TX 79902

Podcast Summary: Family Law, Divorce & Child Custody in El Paso with Attorney Abbie Laine

In this podcast episode, we sit down with Attorney Abbie Laine of Laine Law Firm, PLLC, a trusted family law attorney in El Paso, Texas, to discuss the real-world issues families face when dealing with divorce, child custody, child support, and enforcement of court orders. As a lifelong El Paso resident who returned home to serve the community, Abbie Laine shares practical insight into how the Texas family law system works and what clients should expect when they hire a divorce lawyer or child custody attorney in El Paso.

The conversation begins with an overview of family law in Texas, including contested and uncontested divorces, custody disputes, child support calculations, spousal support, protective orders, and post-divorce modifications. Abbie explains that family law cases in El Paso are handled under the Texas Family Code and assigned to one of several local family courts, with hearings sometimes conducted in person and sometimes via Zoom depending on the judge.

A major focus of the episode is divorce in El Paso, TX. Abbie outlines the required 60-day waiting period for divorce in Texas and explains how uncontested divorces can be completed relatively quickly when both parties agree on property division and parenting arrangements. For contested divorces involving children or disputed assets, she notes that cases may take several months or longer. She also emphasizes the importance of hiring an experienced El Paso divorce attorney early in the process, warning that representing yourself (“pro se”) can lead to costly mistakes that are difficult to fix later.

The podcast also covers child support in Texas, including how support is calculated using statutory guidelines based on a percentage of income, as well as how support can be offset in shared custody situations. Abbie discusses child custody laws in El Paso, explaining that courts make custody decisions based on the best interest of the child, often seeking to maintain stability and continuity in a child’s life whenever possible. This is where having a knowledgeable child custody lawyer in El Paso can play a critical role in presenting a parent’s case effectively.

Finally, the episode addresses enforcement of court orders, including what parents can do when child support is not paid or visitation orders are violated. Abbie explains how enforcement actions in El Paso County can include remedies such as wage garnishment and contempt proceedings, helping parents protect their legal rights and ensure court orders are followed.

Overall, this podcast provides valuable insight for anyone facing divorce, child custody disputes, child support issues, or family law enforcement matters in El Paso, Texas. Laine Law Firm, PLLC remains committed to guiding local families through difficult legal situations with professionalism, communication, and strong advocacy.

Laine Law Firm, PLLC
Address: 700 N Stanton St #200, El Paso, TX 79902
Phone: 915-200-4316
Website: https://lainelawfirm.com/

Navigating Drug Possession Charges in El Paso: Insights from Attorney Carl DeKoatz

In this episode, El Paso criminal defense attorney Carl DeKoatz joins the conversation to pull back the curtain on the complexities of drug possession law in a border city. From simple marijuana joints to multi-kilo "bridge cases," this episode provides a roadmap for anyone caught in the crosshairs of the Texas legal system.

The Border Reality: From Misdemeanors to Major Trafficking

Living in El Paso, Texas, means being on the front lines of drug enforcement. Carl notes that while some states—like neighboring New Mexico—have moved toward legalization, Texas remains a "strict enforcement" state.

• Marijuana Possession: Even a single joint can lead to an arrest. While some officers might issue a ticket for drug paraphernalia, many choose to arrest to gain the legal authority to search the vehicle for larger quantities.
• Medical ID Cards: A common myth is that a medical marijuana card (from Texas or elsewhere) offers total protection. Carl is direct: "It’s illegal. That’s how you should live your life".
• The "Vape" Trap: One of the most dangerous areas for citizens is the use of THC vapes or edibles. In Texas, these are classified as State Jail Felonies, regardless of the amount. These cases are handled in the District Court (the "glass building" on San Antonio Street) rather than misdemeanor court.

The "Unknowing" Defendant: Bridge Cases and Used Cars

Being a border community, El Paso sees a high volume of "bridge cases." These often involve individuals—frequently young or impressionable people—who are conned into driving a vehicle across the border without knowing it contains hidden compartments of narcotics.

Why the "Fighter" Reputation Matters

A recurring theme in Carl’s practice is his belief in the jury trial system. While many attorneys prefer to take any deal offered to avoid the courtroom, Carl’s willingness to go to trial—averaging 3–4 major trials a year—actually helps his clients get better plea deals.

• Trust and Leverage: Prosecutors are more amenable to favorable terms when they know the defense attorney isn't afraid to take a case to a jury.
• Innocence is Worth the Fight: Carl affirms that if a client is truly innocent, they should go to trial. He shares a memorable case where a client was acquitted after establishing that a fatal incident was a tragic accident, despite overwhelming initial evidence.
• Pretrial Diversion (PTD): For first-time offenders, the ultimate goal is often Pretrial Diversion. This allows the defendant to complete classes and stay out of trouble in exchange for a full dismissal, keeping their record clean.

Protect Your Future

Drug convictions can follow you for a lifetime, affecting employment, housing, and civil rights. Whether you are facing a misdemeanor marijuana charge or a complex felony manufacture/delivery case, you need an attorney who understands the El Paso courts.

Carl DeKoatz Law Firm

• Address: 718 Myrtle Ave, El Paso, TX 79901
• Phone: (915) 577-0913
• Website: https://dekoatzlaw.com

Interview with Aaronson Law Firm.  This episode will cover areas of practice the Aaronson Law Firm Covers.  Typical cases he practices.  CDL (Commercial Drivers License), DUI/DWI, Expunctions, Occupational Drivers License (ODL), Suspension Appeals, and Traffic Violations.

Mr. Aaronson has proven to help CDL holders keep their licenses and stay on the road driving.  The Aaronson Law Firm defends hundreds of cases a year defending Commercial Drivers License holders. 

If you need help with a DWI my firm specializes in this area as well. Like every other state, Texas makes it a crime to drink and drive. Under Chapter 49 of the Penal Code, it is unlawful to drive while intoxicated by either alcohol or drugs or a combination of both. This law applies not only to the operation of vehicles but to the operation of watercraft, such as boats or water skis, as well. Being arrested for DWI is a serious matter that can impact your life in numerous ways, from criminal penalties to increased auto insurance, the loss of your license, and a conviction on your criminal record. Many aspects of your arrest can be challenged to put a conviction in doubt. However, you will need a savvy and experienced attorney on your side who knows how to fight back. At Aaronson Law Firm, you can turn to an El Paso DUI/DWI attorney backed by more than 40 years of practice in defending clients of these charges. Our firm knows how vital it is to put an attorney on your case to help you seek optimum results. With our help, you may be able to have charges dropped or reduced or be found not guilty at trial. We know what to look for in uncovering errors and flaws in DUI/DWI cases and will provide 100 percent dedicated effort in defending you.

Another area of practice is expungements.  It’s an unfortunate fact that a criminal record can have severe repercussions on your future. Criminal records are easily accessible through online background checks by employers, landlords, educational institutions, professional licensing agencies, and anyone else who needs to inquire about you. This means that you will have to explain your criminal record and possibly be passed over in favor of another candidate or become ineligible for whatever opportunity you seek. This collateral damage can prevent you from pursuing your career of choice, gaining the job you want, or even renting an apartment.  Fortunately, Texas has established two different procedures that address this problem. However, they differ in what they can do and you must meet eligibility requirements to achieve them. These are expunctions (often referred to as expungements) and nondisclosure. At Aaronson Law Firm, our El Paso expunction and nondisclosure attorney can review your case to determine if you qualify for either procedure and, if you do, help you navigate the process. 

Occupational Drivers License is another area of law I can help with.  Having your driver’s license suspended or revoked is a definite hardship in today. With few public transportation options and those available being generally time-consuming and inconvenient, your ability to drive is a precious resource. If you have lost your license, however, you may be able to qualify for an occupational driver’s license, also known as a “restricted” or “hardship” license. You will have to petition for this with the proper court where it will be ruled upon by a judge.   Call Today for a free consultation.

Aaronson Law Firm
Address:  7362 Remcon Cir, El Paso, TX 79912
Phone:  915-533-0110
Website:  https://www.aaronsonlawtx.com/
Social Media:  Facebook

In this episode of the Carl DeKoatz Law Firm podcast, attorney Carl DeKoatz breaks down the critical legal strategies for navigating DWI and DUI charges in El Paso, Texas. The conversation covers everything from initial traffic stops to the specialized legal maneuvers used to protect a client's record.

The Reality of a DWI Stop in El Paso

Most individuals arrested for DWI do not intend to be irresponsible; they often misjudge their level of intoxication or believe they can "stay in the lanes" like a video game. DeKoatz highlights that impairment isn't limited to alcohol; it can include driving while sleepy or being under the influence of foreign prescriptions (e.g., anxiety medication from Juarez) that are not recognized in the U.S..

When an officer pulls you over, they are looking for specific evidence:

• The "Conversation Trap": Officers engage you in dialogue to smell your breath or observe "glassy eyes".
• Refusing Tests: You have the legal right to refuse field sobriety tests and breathalyzers on-site. DeKoatz advises being polite but firm: "I want to talk to my lawyer".
• The Mindset: DeKoatz suggests accepting that an arrest is likely. By staying silent, you avoid giving the state more evidence to use against you, which increases your chances of a favorable outcome later.

Advanced Legal Defense: Motion to Suppress

One of the most powerful tools in a defense attorney's arsenal is the Motion to Suppress. Under the Fourth Amendment, if a person is seized illegally—meaning the officer lacked probable cause for the initial stop—any evidence gathered afterward (drugs, breathalyzer results, confessions) can be thrown out.

DeKoatz shares a compelling case study where a client admitted to possessing cocaine at trial. However, because the defense established that the officer lied about the reason for the stop, the jury was instructed that they could disregard the evidence of the illegal seizure. The result was a not guilty verdict, sending a message that law enforcement must follow the law to enforce it.

Bonds, Leverage, and Pretrial Diversion (PTD)

The way you exit jail can significantly impact your defense strategy:

• PR Bonds vs. Surety Bonds: While PR (Personal Recognizance) bonds are free, they often come with strict conditions similar to probation, such as mandatory drug and alcohol testing. DeKoatz notes that if you have the means, a surety bond may provide more leverage because it doesn't place you under immediate state supervision.
• Pretrial Diversion (PTD): This is often the goal for first-time offenders. It involves taking classes and paying fines in exchange for a dismissal, ensuring the mistake does not follow the client for life.
• Character Packets: To secure a PTD or a "deferred" outcome, the firm often creates a mitigation packet featuring letters from employers or family to show the prosecutor that the client is a productive member of the community.

The Value of Experience

DeKoatz emphasizes that in the El Paso legal system, relationships and trust matter. An established attorney who has won trials and been honest with prosecutors and judges carries more credibility when negotiating for a client's future.

Attorney: Carl Adrian DeKoatz

Firm: Carl DeKoatz Law Firm

Address: 718 Myrtle Ave, El Paso, TX 79901

Phone: (915) 577-0913

Website: https://dekoatzlaw.com

Navigating Domestic Violence and Assault Charges in El Paso

In this episode, attorney Carl DeKoatz joins the show to provide an in-depth look at how he handles domestic violence and assault cases in El Paso, Texas. Whether you are facing a misdemeanor or a serious felony, understanding your rights and the legal process is critical to protecting your future.

Key Discussion Points

• Interacting with Law Enforcement: If you are a potential defendant in an assault case, DeKoatz advises against communicating with the police at the scene. He emphasizes that officers are there to gather evidence rather than judge the situation. By explicitly stating you want to talk to a lawyer, you invoke your Fifth and Sixth Amendment rights, which legally requires police to stop questioning.
• Your Rights at Home: You are generally not required to answer the door for the police. However, DeKoatz notes that officers may enter without a warrant under "exigent circumstances," such as hearing yelling or suspecting an immediate safety threat.
• The Cooling-Off Period: Following an arrest, there is often a 30-day protective order attached to a bond. DeKoatz views this as a necessary cooling-off period and strongly advises against any direct or indirect communication with the other party to avoid picking up additional charges.
• Preserving Evidence: To build a strong defense, it is vital to preserve all digital evidence, including texts and emails from the other party. This information can be used to provide context to the prosecution and show that an alleged victim’s story may be inconsistent.
• Levels of Assault Charges:
  • Simple Assault: Generally handled in misdemeanor courts.
  • Third-Degree Felony: Charges escalate significantly if "impeding breath" or choking is alleged.
  • Aggravated Assault with a Deadly Weapon: This involves putting someone in fear of death or serious injury with a weapon, such as a knife or gun, often seen in high-conflict domestic disputes or road rage incidents.
• Self-Defense in Texas: DeKoatz frequently handles cases where clients were simply defending themselves. In these instances, the court uses both a subjective and objective standard to determine if a reasonable person in the defendant’s shoes would have felt the need to use force.
• The Path to Resolution: The firm's goal is always to protect the client's record and prevent a single mistake from defining their life. While some cases go to trial, many are resolved through deferred supervision or dismissals based on the history of the parties and the strength of the evidence.

Local Court Information

Domestic violence and assault cases in El Paso are typically handled in the "big glass building" located on San Antonio Street. Misdemeanor courts are generally located on the 7th and 8th floors, while felony charges are heard in the District Courts.

Contact Information

If you are in need of legal assistance for an assault or domestic violence matter, you can reach the Carl DeKoatz  at:

• FIRM: Carl DeKoatz Law Firm
• Address: 718 Myrtle Ave, El Paso, TX 79901
• Phone: (915) 577-0913
• Website: HTTPS://DeKoatzLaw.com

DWI/DUI Defense Strategies with Michael Aronson

Choosing the Right Representation The interview begins with Michael Aaronson offering advice to prospective clients who have been arrested. He emphasizes that the most critical step is hiring an attorney with whom the client feels both comfortable and confident. Aaronson advises meeting potential lawyers in person or via video call to gauge their demeanor. He warns against hiring attorneys who are difficult to contact or fail to explain options clearly, noting that communication is key to a successful attorney-client relationship.

Defining the Charges: DWI vs. DUI Aronson clarifies the legal distinction between Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) in Texas:

• DWI: This is a criminal offense where the state alleges a person drove a vehicle on a public highway while legally intoxicated. "Intoxication" is defined by the state penal code 49 as having a Blood Alcohol Content (BAC) of 0.08 or higher, or the loss of the normal use of physical or mental faculties.
• DUI: This charge generally applies to individuals under the legal drinking age of 21. It is illegal for minors to drive with any detectable amount of alcohol or drugs in their system. Unlike DWI, "intoxication" is not required for a DUI charge; the minor simply needs to be "under the influence."

Field Sobriety Tests (FSTs) The discussion moves to how officers establish intoxication during a traffic stop. Aaronson details the three standard tests officers are trained to administer:

1. Horizontal Gaze Nystagmus (HGN): The officer checks for "nystagmus," an involuntary jerking of the eyeball that occurs when the eye follows a stimulus (like a pen or finger) to the side.
2. Walk and Turn: This tests the suspect's ability to follow specific instructions and maintain balance. The individual must take nine heel-to-toe steps, turn in a specific manner, and return. It is graded on balance and the ability to remember instructions.
3. One-Legged Stand: The suspect must lift one foot and count while standing on the other. Officers look for swaying, using arms for balance, or putting the foot down.

Aaronson also notes that if a person's BAC is 0.15 or higher, the punishment grade increases, and the court may mandate the use of an ignition interlock device (a breathalyzer connected to the car's ignition).

Legal Strategy and Outcomes Once retained, Aaronson’s process involves evaluating the legal evidence, negotiating with the District Attorney, and presenting options to the client. While the client makes the final decision, Aronson provides recommendations based on the goal of long-term record clearing.

He explains that jury trials are recommended in only about 5% to 10% of his cases. The primary objective is often to resolve the case in a way—such as through diversion programs or deferred adjudication—that allows the client to later apply for an Expunction (erasing the record) or an Order of Non-Disclosure (sealing the record).

Pre-Trial Restrictions While clients are innocent until proven guilty and can generally continue driving with a valid license, Aaronson highlights strict rules for repeat offenders. If a person is arrested for a second DWI, the law requires them to use an alcohol detection device (either in the car or a portable unit) and strictly prohibits the consumption of alcohol while the case is pending.

Contact Information The Aaronson Law Firm is located in El Paso, Texas.

• Address: 7362 Remcon Circle, El Paso, TX 79912
• Phone: 915-533-0110
• Website: AaronsonlawTx.com

This podcast features attorney Carl DeKoatz, an El Paso-based lawyer with over 13 years of experience. While his firm handles family law, probate, and estate planning, the discussion focuses primarily on his "bread and butter": Criminal Defense, specifically involving state and federal cases, DWIs, assault, and drug possession.

State vs. Federal Practice

DeKoatz highlights a major distinction between the two systems:

• State Law: More flexible and relationship-based. Building rapport with prosecutors and judges in El Paso allows for more nuanced negotiations.
• Federal Law: More rigid and procedural. Success depends heavily on legal research, case law, and attacking the government’s procedures.

Assault and Family Violence

DeKoatz notes that most assault cases involve domestic disputes (couples, roommates, or family members). Key insights include:

• The "Dropping Charges" Myth: DeKoatz clarifies that victims do not "press" or "drop" charges; it is always the State of Texas vs. the Defendant.
• Non-Prosecution Affidavits: While a victim's desire not to proceed helps in negotiations, the state may still prosecute if there is strong evidence like Ring camera footage or photos of injuries.
• Success Rates: Approximately 85% of his cases are resolved without a conviction, often through classes or deferred probation.
• Protective Orders: He warns clients to respect Emergency Protective Orders (EPOs) immediately after bonding out to avoid secondary charges for illegal contact.

DWI Defense Strategy

Drunk driving is a major focus of the firm. DeKoatz offers blunt advice for those pulled over:

• Avoid "Riding Dirty": Many DWIs start with "wonky" stops for expired registrations or broken tail lights. Keeping a car in good repair removes the officer’s probable cause.
• The Golden Rule: If you’ve had even one drink, do not talk and do not take tests. * Accept the Arrest: He advises clients to accept they will be arrested rather than trying to "be a cool guy" and talk their way out of it. Refusing field sobriety and breathalyzer tests gives the defense a much stronger starting point to challenge a blood warrant later.
• Mitigation: For high BAC cases (0.15 or higher) or accidents, where "Pretrial Diversion" (PTD) is usually off the table, he uses character packets (letters from bosses, priests, etc.) to humanize the client and negotiate better deals.

Drug Possession: The "Vape" Felony

A significant portion of the conversation covers the disparity in Texas drug laws regarding marijuana:

• Flower vs. Concentrates: While a small amount of leaf marijuana is a misdemeanor, THC vapes, cartridges, and edibles are classified as State Jail Felonies.
• The New Mexico Border: Many people are caught bringing legal products from New Mexico into Texas, unaware they are committing a felony.
• Juveniles: DeKoatz emphasizes protecting the records of students caught with vapes in schools, aiming for expunctions so a "one-off" mistake doesn't ruin their college or career prospects.

The El Paso Advantage

DeKoatz concludes by emphasizing that in El Paso, reputation matters. Having practiced in the 34th Judicial District for over a decade, his ability to tell a prosecutor "what the case really is" carries weight because he has a proven track record of winning at trial when negotiations fail.

Attorney: Carl Adrian DeKoatz

Firm: Carl DeKoatz Law Firm

Address: 718 Myrtle Ave, El Paso, TX 79901

Phone: (915) 577-0913

Website: https://dekoatzlaw.com