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